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Mark in St. Louis

Terminating a sandwich LP

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Mark,

I'm not an attorney, but I would be thinking of litigation against this guy if he knows you are a principle in the deal. I would be very stern on the allegations that he's using the system to buy more time to get out.

 

I wish the best for you, but if this doesn't work, there's still some ideas from my older posts on this subject. I can tell you right now that if were in your shoes I would have had another investor help on this one. It can’t hurt to at least get some interest out there. The worse that can happen is you lose the property and make some more contacts.

Just a thought....

Adam

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What about if you scheduled a "total house fumigation" You know the kind where they tent the whole house up and the people have to leave

 

I like this Guy.

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Did you ever ask your attorney if the guy posted his bond? And was it large enough to cover damages, rents and costs due at the time of the last court date? Has he also paid into court any rent due since that date?

 

If he hasn't, I'd want to know why my attorney didn't ask the judge to go ahead evict him ahead of the trial as is apparently allowed in Missouri -- see 535.110.

 

I'd be real cautious approaching the guy, even going so far as to have a witness if I did go to see him. In Oklahoma there are stiff fines for "harrassment" of tenants, even those who fail to pay rent! Here the landlord can end up owing the tenant.

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I don't know how it is there, but here there are numerous apartment vacancies. Many of the complexes are even offering no app fee, no deposit, and a lowered monthly rent. Some of the complexes will even hire movers to move you for free.

 

If you can afford it, I'd suggest finding a complex like that with vacancies and making the guy an offer: If you'll agree to move by such and such date (say in 1 week), I'll drop the court case, forgive the debt, give you a good reference and pay your first months rent at XYZ Apartments. And they'll even provide movers for you.

 

He may be stalling, because he can't afford to move -- right now he's got free rent. See what kind of offers are available in your area and what you could do to find him another place. An offer like that should at least make him think, and then if he moved, he'd be their problem and not yours.

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I would tend to think most apartment complexes, at least the decent ones, wouldn't accept a new tenant without a good reference. If that's what it took to get him out easily, I'd do it, with only a small twinge of conscience.

 

Similar tactic to getting rid of a problem employee -- give them paid time off to find a new job, a reference, and then they have no unemployment claim!

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If that's what it took to get him out easily, I'd do it, with only a small twinge of conscience.

 

I know we're probably discussing minutiae here but, I wouldn't lie to the other landlords. Heck, if someone would have shot straight with Mark when he checked this guy's references, he probably wouldn't be having this headache right now :ph34r: .

 

Gary

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Gary --

 

I'm really not suggesting finding him a place where Marks knows, or even thinks, he has no way to pay the rent. The rent he's currently supposed to be paying is probably a whole lot more than what an apartment would be, especially if the tenant is single and could get by with a studio.

 

I know friends who have gotten in trouble with their rent. They were in places that they really couldn't afford in the first place. Just because he can't pay Mark's rent, doesn't mean he's unable to pay the rent on a small apartment.

 

For instance, let's pretend he's (supposed to be) paying Mark $1000 per month. Maybe there is a studio apartment somewhere discounted to $300 per month. It could easily make the difference in his ability to pay.

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