Seriously? Really?!?

[brighteyes]

Hold on to your pants, because I don't even know whats going on.

Just received an email from our tenants, well supposedly they moved out a couple of weeks ago, stating that they are concerned with the vacant property and the dangers of the pool, so they made contact with our mortgage company. Our mortgage company told them that they will take the steps necessary to secure the property and pool. Um, WTF!

I knew they were moving out, and would receive random emails on their ever changing move-out date, but there was never any contact from them or verification that they did in fact move out when they stated they moved out. I only found out that they moved out because of our neighbors. They turned all utilities off, thus causing a major issue with the pool and landscaping. No water, dead grass. No power, no pool pump, green pool, $2500 fine from the state. They haven't returned the keys or the garage opener. I feel that they set me up and it's just pissing me off!

Here are my questions;

1.) My mortgage company can't do jack since we are in BK and they haven't even tried to lift the stay, correct?

2.) My mortgage company can't discuss anything involving my loan or my financial obligation to them, that would be confidential, right?

3.) I know that there are lots of laws out there that protect the tenant from retaliation, is there anything out there that protects the landlord from retaliation?

4.) Since I have listed them in our bankruptcy, I know they can't come after us for money, but is there anything else they can come after us during or after the bk is all done?

I'm still fuming, I haven't even responded to the email, because, because, well I wouldn't be a very nice person.

[justbroke]

1.) My mortgage company can't do jack since we are in BK and they haven't even tried to lift the stay, correct?

They can secure the property. They still keep all rights under the terms of the Mortgage or Deed of Trust. The property is considered abandoned at this point and that is what it actually is. Abandoned. You could contact the Mortgage company and inform them that you will bring it back up to "code" and "safe" and get a tenant.

2.) My mortgage company can't discuss anything involving my loan or my financial obligation to them, that would be confidential, right?

No.

3.) I know that there are lots of laws out there that protect the tenant from retaliation, is there anything out there that protects the landlord from retaliation?

Yes, this is what deposits are for! Also, a tenant must inform a landlord and give notice. However, this depends on you having a "solid" lease with them (whether it's auto-renewable as a month-to-month or a "term" lease) and that it provides for the terms of vacating the lease and turning over the property. Additionally there may be some things that are specific to Tenant laws in your City, Count and/or State that have impact on this. Yes, landlords do have rights and recourse! Hopefully, you had a good lease and you are holding a security deposit. Next, you'd have to sue them.

4.) Since I have listed them in our bankruptcy, I know they can't come after us for money, but is there anything else they can come after us during or after the bk is all done?

I'm assuming "them" means your bank. No, they can't come after you for money. However, that "fine" from the City/State is not dischargeable and is post-discharge anyhow! You have issues.

I would be fuming as well. My tenant also left during my Chapter 13 and is why I decided to surrender the property. I don't think we should ever deal with tenants when we are surrendering property or "should" surrender property in bankruptcy. It's a totally different ballgame... especially if the tenants "know" you're in bankruptcy!

[brighteyes]

\

All I have to say is Sweet Jesus, I'm not the only one! I was stupid and filled our tenants in on everything. I didn't want to have any surprises on either end. They have turned it around and have taken full advantage of us while we are down on the ground. I haven't stepped foot in a bank that I was at every week because 2 of their rent checks bounced and I had no way to bring them to zero. They have cost me more than $500 overdraft fees, NSF, negative balance fees, closing bank account fees. I'm just embarrassed and I will never set foot in there again! I now get the home owner joys of paying the power, water, yard service, and pool service, HOA, taxes, ect. all out of my pocket, which I really don't have the money to pay for them. I really don't know where this money is going to come from. Thin air I guess
Anyhow, getting back on track. I didn't know it was abandoned, and there is nothing that needs to be brought back to have a new tenant live there. Question #2 you answered no. Would that no be that no they cannot give out any information to my tenants. And in question #4, no I didn't mean the banks, I mean the tenants. I don't want to finish this all up and then the second the BK is closed they slab me with something. We should have just walked away over two years ago, lesson learned

[debee]

.... $2500 fine from the state.

What was the fine for?

[frogger]

Anyone that has been in the landlord business for very long has seen this type of tenant. The only reason that we don't kill them is because it's illegal........

[justbroke]

I don't see how the tenant comes after you for money at all. They, in fact, owe you money for breach. That's if you did the paperwork correctly and "assumed" the lease. The bank can contact the tenants, but the bank just can't discuss how much you owe. The bank would only say "an important business matter" if it were smart. The fact that you disclosed the bankruptcy to the tenant means that you already given them a lot of information. Unfortunately, they used it against you.

Personally, I would start a lawsuit against the tenants for breach and to recover the costs in the lease.

[brighteyes]

What was the fine for?

Our home is in az and wonderful sheriff joe arpaio and his air posse along with my ex-tenants and ex-friends (neighbors) they have both clearly stated they will call the athorities if need be. Oh not to mention the possible 30 days jail time.

[brighteyes]

Anyone that has been in the landlord business for very long has seen this type of tenant. The only reason that we don't kill them is because it's illegal........

Isn't that the truth! I tried to be nice, but it bit me in the a$$.

[brighteyes]

I don't see how the tenant comes after you for money at all. They, in fact, owe you money for breach. That's if you did the paperwork correctly and "assumed" the lease. The bank can contact the tenants, but the bank just can't discuss how much you owe. The bank would only say "an important business matter" if it were smart. The fact that you disclosed the bankruptcy to the tenant means that you already given them a lot of information. Unfortunately, they used it against you.

Personally, I would start a lawsuit against the tenants for breach and to recover the costs in the lease.

I don't know if I worded my lease right. Telling them that we filed for BK seemed like the right thing to do at the time. And yes they used it against us.

It's not that I want to be vindictive, no wait, I DO! I took them in when no one else would because they were walking from their home. They were kind and upstanding citezens, so we thought. I know we can file a lawsuit, but we don't have the money, nor do I know where to start. There are things I didn't do, like evict them when they didn't pay because, again I didn't have the money and I felt guilty for what "I" had done to them. I just hope I haven't screwed things up. Oh and if I'm awarded any money, I don't get to keep it anyhow, the trustee will. Not that I care, it's not my money to begin with.

[justbroke]

Well, the Trustee can't keep your post-petition award that would go to the post-petition fines. They can only keep "disposable" income. IN any event, I would still pursue this. In some municipalities, the "eviction" and/or "landlord/tenant" court is reasonable and most are not represented by attorneys. They may have standard forms. As a point of fact, most "small claims" courts see a good number of suits filed pro se.

[brighteyes]

I would love to file pro se, but I don't think I have enough knowledge on how to go about this. I also know this will be greater than small claims. They broke their lease 8 months early plus haven't paid the last 3 months. So that would be $26,400 PLUS fines and bank charges. I also need to know if they will have to pay for yard/pool/utilities, since they aren't in there either. This is just a freaking headache.

[freddysmith]

Anyone that has been in the landlord business for very long has seen this type of tenant. The only reason that we don't kill them is because it's illegal........

Or we are just afraid that we couldn't get away with it.

[brighteyes]

I will go with "I'm afraid I wouldn't get away with it". Because I have never gotten away with anything in my life! I guess that's why I've been so honest.