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How Do I Deal With Undesirable Tenant?
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Jamani
#31 Posted : Saturday, February 05, 2011 3:54:54 PM
Rank: Elder

Joined: 9/12/2006
Posts: 1,554
@Mukiha, i bet this guy knows what he is doing and he knows your options, as has been suggested above talk to him get back his plasma and he might leave in peace.

From his actions he is ready for war and this might uneccessarily cost you, whether you hire goons, go to court or visit every weekend with auctioneers, he is ready thats why he paid to nullfy you notice.

My advise try diplomacy it might work and only cost you his plasma or pass on the house to an estate agent who will take care of the business(but you will lower your margins)

The other alternative is war which might lead to one of you wiping off the face of the other as has been suggested above
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madhaquer
#32 Posted : Saturday, February 05, 2011 9:44:06 PM
Rank: Member

Joined: 11/10/2010
Posts: 281
Location: Nairobi
Do not use goons or thugs to try and get rid of this guy. Unless you have some connections to the underworld. Once you get into engaging those guys they are difficult to get rid off.
Don't bully him unnecessarily either. meet him and Listen to his grievance solve what you can. Tell him you want closure by vacation and be fair. You are in business for the long term.
I have seen houses go even 6 months unoccupied because word is out that the landlord has issues.
I lived in a hse where the landlord was foolish enough to come and pull out the main lock because we had a dispute over the electricity meter. I called a friend who took photos of the door. went to the chief and he was summoned asked to restore the door to it's previous condition and follow the contract we had signed to evict me. Not only did we part ways in a dignified manner, but he had to give the Chief's office a copy of the cheque he refunded for my deposit.
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mukiha
#33 Posted : Monday, February 07, 2011 9:53:55 AM
Rank: Elder

Joined: 6/27/2008
Posts: 4,114
@madhaquer; I see your point, I am also not keen on using goons. I'd prefer to go about it fairly and legally.

You see; I've tried being fair - by giving the guy ample notice which he ignored. And did I mention that he has a habit of refusing to take my calls?
Nothing is real unless it can be named; nothing has value unless it can be sold; money is worthless unless you spend it.
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Sasha
#34 Posted : Monday, February 07, 2011 10:12:19 AM
Rank: Veteran

Joined: 9/5/2007
Posts: 627
@mukiha: I have dealt with a similar case before albeit a commercial property. Few things you need to consider:

1. Was the lease registered? If not, the tenant can disown it on the strength that it was not registered and thus constituted a 'gentleman's agreement'. A lease has to be registered within 42 days of the date of signing, otherwise it is not admissible in a court of law.
2. As some people have noted, accepting the January 2011 rent invalidated the notice you had earlier given him.
3. DO NOT disconnect any of his utilities. Were he to go to court, you would be slapped with hefty damages and ordered to reconnect them at your cost.

What is the nature of the disagreement? If it is rent arrears, you can approach the Rent Dispute Tribunal. If it has nothing to do with rent arrears, DO NOT attempt to use auctioneers! They will only serve you if you have a decretal amount, and they will milk you dry!

My suggestion: Write to the guy asking him to meet you to sort out the issue and copy the letter to your lawyer. Have the lawyer arbitrate and have minutes of the meeting signed by both of you. If you do not reach a middle ground, the papers you will have will form a good case in court to evict the guy. The court will give you orders which can be executed with the help of the police!
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mukiha
#35 Posted : Monday, February 07, 2011 11:20:29 AM
Rank: Elder

Joined: 6/27/2008
Posts: 4,114
@Sasha: My dispute with him is that he persistently delays paying the rent - right from the first month. usually for more than a week. And he has caused some damage to the floor tiles in the house.

So I decided to "cut my losses" and get rid of him. I'm better off without him.

I will try your approach. But first I will do an official inspection of the damage and get an estimate from a builder then send him that bill as well.

Regarding the auctioneers... they recovered their charges from the tenant.
Nothing is real unless it can be named; nothing has value unless it can be sold; money is worthless unless you spend it.
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QD
#36 Posted : Monday, February 07, 2011 11:28:15 AM
Rank: Member

Joined: 8/5/2009
Posts: 597
The best use a learned friend for defaulters they are called demand notes, to direct ua tenant to vacate the premises within some set days else be ready to bear the legal cost. Give another notice of vacation of the house coz the initial one is void as you accepted Jan rent. He will not be willing to go the court way and the fees to ua friend will be minimal.

Remember not to accept any plea to allow to stay coz it will be a cat and mouse game next.
The problem with the world is that the intelligent people are full of doubts while the stupid ones are full of confidence
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ngwono
#37 Posted : Monday, February 07, 2011 12:36:06 PM
Rank: Member

Joined: 8/8/2008
Posts: 201
If its Possible,as far as it depends on you,live at peace with everyone;Romans 12:18(NIV)

Be very afraid to hire goons or can i say those who do not think twice b4 shedding someone's blood.Its not worth it for rent delay.I know its not really good when one is joking around with your sweat(Investment) but you can vacate the tenant in a better way.Am sick and tired of hearing bad news of young girls being kidnaped,raped or even killed.I believe that most of them a resulting from some witches who are in revange mission.My heart goes for the innocent kids who have to pay for such sins with their lives.

Believe me or not,you dont need to create more enemies than the ones you already have in this life .

If i was in ur shoes,i would give him a notice stating that by the end of March 2011, i will be renovating my hse.During that time,i wld not allow him to read my mind.I wld behave in a very friendly manner that will leave no room to doubt then give him a peaceful send off(Hint.thats how i deal with my Hse helps since i dont know what they are capable of doing while am away or even at night when am asleep).

On ur case the tenant can secrately remove his valuables and set ur hse on fire in the name of accident.Dont trust Him,he is a human being my friend.Thats the other side of the coin.

If he is wise enough,end of much is such a long time to get a nother place,you can also assist him with the such just to get rid of Him since you dont trust him anymore

On the other hand,u cld have given him an audience ,let him tell you the reason for his delays and reschedule ur deadline appropriately upon which u introduce penaltiesi case of any delay.Am saying this coz u never know ur next tenant.I was told about some wired pple who lives in the City without paying rent.The guy gets into ur house with very little items,stays for 3months without paying,when u kick him out,he moves to a new estate and the story continues.

Wish u all the best
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wazua
#38 Posted : Monday, February 07, 2011 12:46:12 PM
Rank: Administration

Joined: 11/19/2009
Posts: 679
Dear @ngwono,

Trust all is well with you and yours in the journey of life.
Welcome back, you've been missed.

The Wazua spirit
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ngwono
#39 Posted : Monday, February 07, 2011 2:27:14 PM
Rank: Member

Joined: 8/8/2008
Posts: 201
@Wazua

Thanks
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McReggae
#40 Posted : Monday, February 07, 2011 2:57:56 PM
Rank: Elder

Joined: 6/17/2008
Posts: 23,365
Location: Nairobi
Mukiha,
If this guy delays rent by almost a week every other time then the interval must be still one month ama?
..."Wewe ni mtu mdogo sana....na mwenye amekuandika pia ni mtu mdogo sana!".
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