Friday, September 10, 2010

Looking A Gift Horse in The Mouth

Mrs. Spring wrote me this morning. I am still scratching my head. First, she wants to send me my rent certified mail instead of handing it to Carolsue. I should point out, that handing it to Carolsue was originally her idea.

However, the whole "certified mail" thing doesn't work for me. It requires a minimum of 45 minutes spent at the post office waiting to pick up the mail. Marty Sunshine looses his patience after two of those minutes. And then I have to live with him. And, if he isn't willing to wait to pick up the check, I certainly don't want to haul myself to the post office either to pick it up. So, no. Mrs. Spring, don't send it certified.

But, that wasn't the weirdest part. She also said she was willing to pay October's rent. Mind you, her lease is up in November, so we are talking about one month. I can't figure out if she is doing this because she is afraid I am going to go after her legally or if she wants her security deposit returned.

The part that sort of bothers me is that I loose some rights to the home if they pay October's rent. Technically I can't rent it out if they are still paying rent. I already have this situation on Hysteria Lane.

Eventually I need to get some clarification from Mrs. Spring about what she is actually proposing. But not at this hour of the day. Is this rent money to make me leave them alone in the future? Or is she just planning on holding my home hostage until November? I would prefer it is the former, as I don't want the place vacant. Vacant homes in Leeds come with a fair share of drama. And, I am not just up for that.

3 comments:

CarolSue said...

Why can't she just fed-ex the check to your home? she has a record of its delivery and you get your money lickity split.

If you want my personal opinion (whatever - you know I'm going to give it to you anyway) I think her "new" house is not ready to move in yet OR the deal didn't go through as they had planned and they need that extra time to find somewhere else to live. that's my opinion. I'd take her money.

As for the legality of it all, it's pretty black and white. She has a lease that isn't up until November 14 at midnight. She can stay in that house until such time as she is late with the rent and you go through all the cost & trouble to have her evicted. By then it would be about November 14th anyway. But the chances are very high that you will find yourself with an unclean (to put it mildly) and trashed house.

So, I say take her money and let her finish out the lease.

Put it in writing stating firmly that you are willing to allow her to finish out her lease HOWEVER she needs to be fully aware (please quote me) that she is to have completely vacated the premises as of midnight on November 14, 2010.

In the event you, or your representative, do not have the keys to the premises and/or they have not completely vacated the premises by midnight November 14, 2010 she will be considered a trespasser & you intend to pursue all legal avenues available to effect her immediate vacancy. These avenues would include, but not be limited to, police intervention.

You need to further address in your letter/e-mail the status of her deposit (it's a legal requirement in Alabama).

I would tell her firmly that upon inspection by you or your representative, if the premises are in as good a condition and as clean as when she initially occupied the premises, then her deposit will be returned to her in full within 45 days of November 14, 2010.

Otherwise you will forward to her last known address a letter stating the deficiencies and include any money due her from her deposit within that same 45 day period.

That's what I would do. But that's just me.

CarolSue said...

Why can't she just fed-ex the check to your home? she has a record of its delivery and you get your money lickity split.

If you want my personal opinion (whatever - you know I'm going to give it to you anyway) I think her "new" house is not ready to move in yet OR the deal didn't go through as they had planned and they need that extra time to find somewhere else to live. that's my opinion. I'd take her money.

As for the legality of it all, it's pretty black and white. She has a lease that isn't up until November 14 at midnight. She can stay in that house until such time as she is late with the rent and you go through all the cost & trouble to have her evicted. By then it would be about November 14th anyway. But the chances are very high that you will find yourself with an unclean (to put it mildly) and trashed house.

So, I say take her money and let her finish out the lease.

Put it in writing stating firmly that you are willing to allow her to finish out her lease HOWEVER she needs to be fully aware (please quote me) that she is to have completely vacated the premises as of midnight on November 14, 2010.

In the event you, or your representative, do not have the keys to the premises and/or they have not completely vacated the premises by midnight November 14, 2010 she will be considered a trespasser & you intend to pursue all legal avenues available to effect her immediate vacancy. These avenues would include, but not be limited to, police intervention.

You need to further address in your letter/e-mail the status of her deposit (it's a legal requirement in Alabama).

I would tell her firmly that upon inspection by you or your representative, if the premises are in as good a condition and as clean as when she initially occupied the premises, then her deposit will be returned to her in full within 45 days of November 14, 2010.

Otherwise you will forward to her last known address a letter stating the deficiencies and include any money due her from her deposit within that same 45 day period.

That's what I would do. But that's just me.

Fiona D. said...

Oh... I think you misunderstand. They are still surrendering keys on Sept. 30.