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Haven't recieved rent in 3 months?

Haven't recieved rent in 3 months? Topic: How to write an email asking for a raise after 6
July 21, 2019 / By Breeda
Question: My father passed away in May and within his estate was a house in Texas (I'm in CA as was my father) and my Aunt was appointed the head honcho to take care of everything. Well rent hasn't been recieved since July, The property management my Dad has dealt with for 20+ years took it upon themselves to have the tenant sign another lease without any of our okays ( there are 5 of us). Last yr the management signed a lease without asking my father and my Dad wanted the tenant out as she tried suing my dad for sexual harassment when We have never spoken or seen her EVER. Therefore we wanted this lady out and she still remains shes problems. She has foster kids in there as well and I don't believe any of them are on the lease. I don't know how any of this works but I do know we are supposed to recieve a monthy rent payment and we havent and Taxes are right around the corner and we need that rent to pay the taxes. Weve called the management numerous times she never calls back, I email her and she states shes never had problems with my Dad and thats pretty much as far as it goes. She doesn't explain where the rent is or anything. She said the 2 peoples names that are on the taxes which would be my aunt and I need to sign something and then when I call she says she doesnt need my signature but that was over a month ago. What do I do? I'd like to call tomorrow and figure this out. Wouldn't this make the lease void since all 5 of the people haven't signed it? My Dads estate was left to his kids and myself (im his granddaughter but I called him dad since he raised me since I was a baby). What can I do in this case? We would like to sell the house but everyone is caving in because they dont want to deal with the hassle of the lease but I don't think its right that they are letting the management get away with this. I don't want a lease and I don't want that lady living there ( and before the hassle neither did they). My options and how I can get the ball rollin on collecting the past due rent and possibly deminshing this lease that we told her NOT to renew? Again all of us kids are in CA and the house is in Texas as is the management. Thank you. Oh and last time I called when I was told I didn't have to write and send anything I got the run around and was sent to some real estate lady that said if we sold the house the lady living there wouldn't have to give us back our deposit because were breaking the lease and they would use ther deposit to find her somewhere else to live? Thats not right correct since we never signed a lease and okay'ed it right? A portion of the house was remodeled as the previous tenant caught the kitchen ablaze so paint carpet kitchen is all new. But according to this management company we don't get the security deposit because were breaking the lease?? And other than the stupid tenant suing my Dad for no reason at all we have never had problems with this management company. Hmm no It has nothing to do about greed. The lady that lives there collected welfare wic and foster kid money and I'm greedy? You're funny. Shes a government mooch and I thinkthats disgusting for one for 2 it was all greed upon that we were going to sell the house until a false lease was signed I was simply asking my rights. It has nothing to do about greed actually you've got that turned around the others ware the greedy ones. They tried taking my mothers bed and TVs after my father passed THATS greed. I'm just trying to understand all of this as I have no experience in owning houses or renting houses or leases or any of that stuff. You wouldn't like the tenant either if she sued you for sexual harassment when you've never had any contact with her what so ever and she's in another ST so I don't know where you get that I'm greedy and she's a saint, you're funny! WE NEVER SIGNED A LEASE there are no signatures on that lease of the owners just the property mangement and the tenant. We told the property management WE DID NOT WANT TO RENEW THE LEASE and she did anyways. THATS why I'm all bent on the lease because she did it regardless of what we said
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Best Answers: Haven't recieved rent in 3 months?

Alexandra Alexandra | 9 days ago
OK. I think I understand all the issues, but I may have missed something.. I apologize in advance if I did. Let me break down the issues. 1) You never signed a lease: Your late father may have given them the authority to enter into leases without his signature. It that was the case and if you have not recinded it, then that lease is binding on you just as if you signed it. BUT if they have no signature authority then you need to inform them of that and tell them that they need to make things right and proper and to terminate the tenant's lease at their expense. 2) YOu are getting the runaround: Send another letter (keep them separate so it does not look like you are lumping up a whole shopping list of issue). Tell them about the poor service and indicate that if they do not contact you with a positive plan to solve issues that you will be terminating your contract with them and hold them responsible for any related costs which you will incur with a third party because of their inaction or error. 3) Start looking for another company to manage the place. Its a bad time to be selling property (winter, down market, etc.. rentals is likely a good investment there). 4) No rent: Another letter: Demand an accounting and a check.. give them 10 days. 5) No response to the 10 day letter.. time to take action with a local (Texas) attorney. YOu may need to make at least one trip there but hey.. better to go their in the winter then in the summer. 6) Sexual Harrasment: Is not necessarily verbal. There may be improvements that cause this to occur (for a off the wall example.. the bathroom only has a urinal.) but you need to read the lawsuit to see what she claims your dad did. 7) Has your dad's estate been probated? If not, then the management company may not know how to distribute the rent. (just an offhand thought) good luck.. g
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Alexandra Originally Answered: Ive been paying rent by cheque for the last 10mths, Last months rent was late, can LandLord stop taking cheque
There may be nothing in the lease about 'stopped payment', but I'm almost positive that there is something written into it in case of missed rental payments (It's definitely in the 'standard' Ontario tenant/landlord agreement!). There is usually as space for the landlord to write in how to resolve late or missed payments; the reason for the delay is immaterial. Often, the landlord will require 'up front' payment, rather than the more common 'post dated cheques' arrangement. This can be in the form of a prepaid money order, a certified cheque (which means the money to pay for the cheque is being held in the bank issuing the cheque and is no longer in your personal bank account), or by cash. If there is anything at all in the lease about this type of thing, he has the right to change the payment terms (i.e. refusing cheques from you). If there isn't, and he insists on his stance, write a letter to the local office for the tenant/landlord bureau and copy your landlord. State your case - and his - clearly, including the relevant details of the lease agreement. I'm pretty sure he'll back off, if he doesn't have a legal leg to stand on. Good luck!
Alexandra Originally Answered: Ive been paying rent by cheque for the last 10mths, Last months rent was late, can LandLord stop taking cheque
You violated the terms of the leases by stopping payment on the cheque and not paying on the appointed date. You may want to speak to you landlord and see if he will accept a personalized certified cheque is just as good as a money order, costs less and is easier for you to track. You have created a mistrust by stopping payment on a cheque which does have consequences for the land lord. Requesting an alternate form of payment is within his rights.

Turlough Turlough
Get yourselves a Lawyer and let him handle it on your behalf! If you want the tenant out in order to sell the house and the agent says they will find her somewhere else using the deposit for her new place then you will have your problem fixed for the price of the deposit.Cheap at the price I would have thought. You sound a very selfish and greedy person who is bullying a woman who takes in foster children and also your relatives into selling up so you can have your share of the money.If you break the lease then the tenant could ask for compensation and it would cost even more than just the deposit.
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Richie Richie
Find yourself a California lawyer. (You want a California lawyer first since you it would be easier to deal with one close by. You should be able to find a California lawyer who is also knowledgeable with Texas contract- and real-estate laws. If the lawyer is licensed to practice in Texas, then even better). BUT GET A LAWYER. [ All the items about the tenant being on government welfare will probably be of little importance (so don't get too agitated about that). The lawyer should focus on the issue that you are not receiving rent-payments. ]
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Richie Originally Answered: I haven't been married for 6 months yet how do I go about getting an divorce?
In order to have an judgment of nullity in California, you have to have a void or voidable marriage. A marriage is void in cases of incest and bigamy. A marriage is voidable in cases where one party was a minor, a current spouse was mistakenly thought to be dead, unsound mind, fraud, force, or physical incapacity. If you do not meet any of these criteria, then you may file for Summary Dissolution if you are both in agreement and meet the following requirements: *No children of the relationship *Marriage is not longer than five years *Neither party has any interest in real property *Amounts owed on debts incurred by either or both parties after the date of marriage, excluding debts relating to automobiles, do not exceed $5,000 *The total net fair market value of community property assets (excluding automobiles and specifically including any deferred comp or retirement policies) is less the $33,000 and neither party has separate property assets with a net value of more than $33,000 *The parties have signed an agreement setting forth the division of community assets and the assumption of community debts and have executed all documents necessary to effect the agreement *Both parties must waive any of their rights to spousal support If your spouse does not want to participate in getting a divorce, you will have to file a standard Petition for Dissolution of Marriage. Finally, although you can download, fill, and print the forms from the internet, you must file the documents at your county court. You may find forms and additional information at: http://www.courtinfo.ca.gov/selfhelp/ The above website is very helpful and is a location to get the forms you need for a California dissolution; however, some counties have specific local forms that are required. You will need to check with your local Court to see if any additional forms are necessary. Finally, you may want to call your county court to find out if there is a family law facilitator who can assist you with the forms. If you contact a document preparer or paralegal, be aware that all the preparer or paralegal can do is fill in the forms the way you tell them to. If the preparer or paralegal answers any legal question for you, they are in violation of the law by providing legal advice without a license. Good luck to you!

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