I need advice on rent skimming landlord

[briansd1]

[quote=OhioLandlord]I’ll put this simply.

The fact that the landlord may not be paying his/her mortgage is not a valid defense for a non-payment breach of a lease contract. His/her damages will be all rent owed plus late charges and breach of contract fees.

At one point I had 10 properties in foreclosure and 2 different tenants skip, with the reason that they didn’t want to risk being put on the street in the event of a sheriff’s sale. Both tenants lost the second cause of action for damages and are still paying via a garnishment.

Some landlords are not that diligent with getting paid from their tenants, so you might get lucky when you run.[/quote]

Not true.

In order to garnish someone’s wages you have to get a judgment.

In order to get a judgment, the landlord has to sue to tenant AND win.

And even if the landlord wins the lawsuit and obtains a judgment he has to take further collections action.

It costs money to sue and it cost money to pursue bad debt. Money the landlord likely doesn’t have if he’s in foreclosure.

The tenant should, of course, respond to any lawsuit and appear in court to defend himself.

If the tenant can show good cause why he didn’t pay rent (fraud on the part of the landlord, lack of maintenance, etc…), it’s unlikely the judge would award any damages to the landlord.

The judge may order that rent be paid with interest but that would be the most the landlord would get.

The tenant’s wife should appear in court and cry for her family. That would be a good stunt to pull… hahaha.

If I were the tenant and found out that the landlord was rent skimming, I would stop payment immediately and contact the landlord to negotiate a sweat deal. The way I see it, the money is coming from me, so if the landlord is stiffing the bank, he should cut me on the deal also.

If the landlord doesn’t deal, then I would contact the lender. The mortgage note likely has an assignment of rents clause that allows the lender to collect rents directly from the tenant in case of default.

If the lender then sends me a letter asking me to no longer direct rent to the landlord, then I’ve got my ass covered.

Now, we all know that banks are being bailed-out by us, generous taxpayers, so there’s no need to pay them. They don’t have the manpower or the systems in place to collect outside of their routine anyway. 😉

It’s a dog eat dog world out there.

The banks are coercing the government for money, else they’ll collapse the economy. The short-sellers and homeowners seeking modifications are also trying to coerce deals.

Shouldn’t the renters get in on the action also?

[temeculaguy]

This is an old thread, but the first piece of advice still stands. No judge will rule against a tennant trying to protect themsleves and not looking to get anything for free, nor will any god, nor will karma. I gave that advice a while ago because when my landlord stopped paying the mortgage I was given similar advice. I was tempted with a few months free rent, but opted to make myself whole, lose nothing and gain nothing, then move on. Karma rewarded me for my honorable behavior, a younger TG would have toyed with Karma, then gotten F(*&^ed by her. I like being older, wiser TG, with the exception of the declining vision and obvious prostate issues of aging, youth and greed is is an affliction, not an attribute.

[temeculaguy]

This is an old thread, but the first piece of advice still stands. No judge will rule against a tennant trying to protect themsleves and not looking to get anything for free, nor will any god, nor will karma. I gave that advice a while ago because when my landlord stopped paying the mortgage I was given similar advice. I was tempted with a few months free rent, but opted to make myself whole, lose nothing and gain nothing, then move on. Karma rewarded me for my honorable behavior, a younger TG would have toyed with Karma, then gotten F(*&^ed by her. I like being older, wiser TG, with the exception of the declining vision and obvious prostate issues of aging, youth and greed is is an affliction, not an attribute.

[temeculaguy]

This is an old thread, but the first piece of advice still stands. No judge will rule against a tennant trying to protect themsleves and not looking to get anything for free, nor will any god, nor will karma. I gave that advice a while ago because when my landlord stopped paying the mortgage I was given similar advice. I was tempted with a few months free rent, but opted to make myself whole, lose nothing and gain nothing, then move on. Karma rewarded me for my honorable behavior, a younger TG would have toyed with Karma, then gotten F(*&^ed by her. I like being older, wiser TG, with the exception of the declining vision and obvious prostate issues of aging, youth and greed is is an affliction, not an attribute.

[temeculaguy]

This is an old thread, but the first piece of advice still stands. No judge will rule against a tennant trying to protect themsleves and not looking to get anything for free, nor will any god, nor will karma. I gave that advice a while ago because when my landlord stopped paying the mortgage I was given similar advice. I was tempted with a few months free rent, but opted to make myself whole, lose nothing and gain nothing, then move on. Karma rewarded me for my honorable behavior, a younger TG would have toyed with Karma, then gotten F(*&^ed by her. I like being older, wiser TG, with the exception of the declining vision and obvious prostate issues of aging, youth and greed is is an affliction, not an attribute.

[temeculaguy]

This is an old thread, but the first piece of advice still stands. No judge will rule against a tennant trying to protect themsleves and not looking to get anything for free, nor will any god, nor will karma. I gave that advice a while ago because when my landlord stopped paying the mortgage I was given similar advice. I was tempted with a few months free rent, but opted to make myself whole, lose nothing and gain nothing, then move on. Karma rewarded me for my honorable behavior, a younger TG would have toyed with Karma, then gotten F(*&^ed by her. I like being older, wiser TG, with the exception of the declining vision and obvious prostate issues of aging, youth and greed is is an affliction, not an attribute.

[briansd1]

What is it, TG? Duty, Honor, Country. Add pride to that and walk with you head held high. It’s hard to do when you’re poor.

I don’t see the old men on Wall Street doing anything honorable. All that counts is greed and fear.

[briansd1]

What is it, TG? Duty, Honor, Country. Add pride to that and walk with you head held high. It’s hard to do when you’re poor.

I don’t see the old men on Wall Street doing anything honorable. All that counts is greed and fear.

[briansd1]

What is it, TG? Duty, Honor, Country. Add pride to that and walk with you head held high. It’s hard to do when you’re poor.

I don’t see the old men on Wall Street doing anything honorable. All that counts is greed and fear.

[briansd1]

What is it, TG? Duty, Honor, Country. Add pride to that and walk with you head held high. It’s hard to do when you’re poor.

I don’t see the old men on Wall Street doing anything honorable. All that counts is greed and fear.

[briansd1]

What is it, TG? Duty, Honor, Country. Add pride to that and walk with you head held high. It’s hard to do when you’re poor.

I don’t see the old men on Wall Street doing anything honorable. All that counts is greed and fear.

[temeculaguy]

None of the above. On another thread regarding the surgeon general, you talked about being an example, well, be one. Having the ability to avoid the temptation of apple pie is worthless when you cannot resist the temptation of taking something that you didn’t earn.

What is it, I have come to understand karma, I have come to the point in my journey that I realize how important it is to love yourself, be the guy you look up to and understand that riches will never bring you respect. I have a dedicated windex bottle and roll of paper towels near my bathroom mirror, just to clean my mirror after kissing myself in it, cause I loves me some me and I kiss myself often. In the real world, I’m a hero, every guy wants to be me, I wasn’t born this way, I was given good advice and it is my obligation to relay that advice to others, nothing I say is original, it is all recycled. Giving people advice to be the same way as those you have no respect for will give them the same results.

brian, it’s in you brother, I see the internal conflicts in some of your posts. You despise greed and fear, but it takes over sometimes. Watch out for envy as well. Just wake up tomorrow and be the best person you can be, give more than you take, and at the end of the day, if you don’t like it, if karma doesn’t reward you, go back to being part of the problem, I’ll still accept you, because I’ll know you still have it in you, you just haven’t figured it out yet.

[temeculaguy]

None of the above. On another thread regarding the surgeon general, you talked about being an example, well, be one. Having the ability to avoid the temptation of apple pie is worthless when you cannot resist the temptation of taking something that you didn’t earn.

What is it, I have come to understand karma, I have come to the point in my journey that I realize how important it is to love yourself, be the guy you look up to and understand that riches will never bring you respect. I have a dedicated windex bottle and roll of paper towels near my bathroom mirror, just to clean my mirror after kissing myself in it, cause I loves me some me and I kiss myself often. In the real world, I’m a hero, every guy wants to be me, I wasn’t born this way, I was given good advice and it is my obligation to relay that advice to others, nothing I say is original, it is all recycled. Giving people advice to be the same way as those you have no respect for will give them the same results.

brian, it’s in you brother, I see the internal conflicts in some of your posts. You despise greed and fear, but it takes over sometimes. Watch out for envy as well. Just wake up tomorrow and be the best person you can be, give more than you take, and at the end of the day, if you don’t like it, if karma doesn’t reward you, go back to being part of the problem, I’ll still accept you, because I’ll know you still have it in you, you just haven’t figured it out yet.

[temeculaguy]

None of the above. On another thread regarding the surgeon general, you talked about being an example, well, be one. Having the ability to avoid the temptation of apple pie is worthless when you cannot resist the temptation of taking something that you didn’t earn.

What is it, I have come to understand karma, I have come to the point in my journey that I realize how important it is to love yourself, be the guy you look up to and understand that riches will never bring you respect. I have a dedicated windex bottle and roll of paper towels near my bathroom mirror, just to clean my mirror after kissing myself in it, cause I loves me some me and I kiss myself often. In the real world, I’m a hero, every guy wants to be me, I wasn’t born this way, I was given good advice and it is my obligation to relay that advice to others, nothing I say is original, it is all recycled. Giving people advice to be the same way as those you have no respect for will give them the same results.

brian, it’s in you brother, I see the internal conflicts in some of your posts. You despise greed and fear, but it takes over sometimes. Watch out for envy as well. Just wake up tomorrow and be the best person you can be, give more than you take, and at the end of the day, if you don’t like it, if karma doesn’t reward you, go back to being part of the problem, I’ll still accept you, because I’ll know you still have it in you, you just haven’t figured it out yet.

[temeculaguy]

None of the above. On another thread regarding the surgeon general, you talked about being an example, well, be one. Having the ability to avoid the temptation of apple pie is worthless when you cannot resist the temptation of taking something that you didn’t earn.

What is it, I have come to understand karma, I have come to the point in my journey that I realize how important it is to love yourself, be the guy you look up to and understand that riches will never bring you respect. I have a dedicated windex bottle and roll of paper towels near my bathroom mirror, just to clean my mirror after kissing myself in it, cause I loves me some me and I kiss myself often. In the real world, I’m a hero, every guy wants to be me, I wasn’t born this way, I was given good advice and it is my obligation to relay that advice to others, nothing I say is original, it is all recycled. Giving people advice to be the same way as those you have no respect for will give them the same results.

brian, it’s in you brother, I see the internal conflicts in some of your posts. You despise greed and fear, but it takes over sometimes. Watch out for envy as well. Just wake up tomorrow and be the best person you can be, give more than you take, and at the end of the day, if you don’t like it, if karma doesn’t reward you, go back to being part of the problem, I’ll still accept you, because I’ll know you still have it in you, you just haven’t figured it out yet.

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