Thursday, July 12, 2012

An Historic Day

Today needs to go down in history as the day Ms. Kathy pulled one over on me.

You see, I cut Ms. Kathy one heck of a deal. Option 1: leave my house. Take you money, don't pay me another dime, here's your 30 day notice. Get out of my house. Go. Go. Go. I will even refund your deposit (less any money owed--like back rent or late fees). Just go!

Or Option 2: pay up and stop whining. Just stop making my life a living hell.

If the truth be told, even though I was publicly hoping she would pay up, I was secretly pushing for Option 1. It isn't personal. Ms. Kathy isn't a bad person. She's a good egg. But I have been done with Ms. Kathy's drama for quite a while now.

But no. Ms. Kathy, however, choose door number 2. Just to be completely sure there wasn't any confusion, I called her. She not only answered the phone, but she and I chatted for 20 minutes, with her completely assuring me me, yep, she wanted to stay.

Here's how Option 2 worked: pay me something moderately substantial over the course of three weeks, with the big payment due to me early July. It was a test. Would she manage to pass all the hurdles? She did. In fact, part of the money owed was due the day I was in Birmingham. She handed me cash. She didn't even want a receipt.

In the meantime, behind the scenes, I was holding on to her payments she sent. Everything I got--including the cash--was in my safe in my home. The reason I wasn't depositing them was because Legal Eagle tells me if I cash even one check, I have acknowledged the rent and it takes longer for an eviction.

Though I think one can argue either way on this particular point, I opted to just hold her rent money to wait and see if the big payout was coming. I didn't want to take a chance this drama might drag out longer than necessary.

Additionally, I found a low-cost eviction lawyer and was ready to call as soon as it became clear I would be kicking Ms. Kathy out. And, on top of that, I was working behind the scenes with Kirby looking for potential tenants to move in early next month.

Early July came and went. There was no check. I was not shocked. In fact, I was secretly elated. Ms. Kathy would be leaving my life!

I started my happy dance. I chilled campaign.

Marty Sunshine suggested I had little faith and Ms. Kathy indeed would pay me the remainder of the rent money owed. Why would Ms. Kathy spoon feed me rent money every week when she knew if she just moved her rent debt would be forgiven and I would pay her back her deposit (less any fees she owed--like back rent) if she just moved out?

"Can't a girl just dream?" I whined.

Meanwhile, this week I got a call from a former tenant who needed a place to live early August. Did I have anything available? Possibly? How did Ms. Kathy's house sound? That sounded just great. Keep them posted.

Because of the Independence Day holiday, I opted to wait a bit longer to call the eviction lawyer. I had already decided I was no longer speaking to Ms. Kathy. Either she payed or she didn't. As far as I was concerned, the next conversation she and I had would be in court. On Tuesday, the money still hadn't arrived. I did a virtual cartwheel.

We didn't make it to the PO Box on Wednesday.

And wouldn't you know it! Ms. Kathy was all paid up on Thursday. Now let's see if she really meant it when she told me rent was now a priority.

3 comments:

Anonymous said...

I think it might behoove you to add a paragraph to your lease wherein you state plainly that you have the option to cancel the lease if the tenant is late on their rent twice within that lease period. We did this when I worked in leasing and while we didn't use it often, we did use it to get rid of those who were like Ms. Kathy.

Fiona D. said...

Ms. Kathy is a long-term tenant. She is month to month right now. I gave her 30 days to get out or fly straight.

However, I like the idea of adding that clause. I am going to keep it for future leases. Thank you.

Anonymous said...

welcome