Termyn8or
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Joined: 11/12/2005
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FR
Oh boy. Now I can't really deal with NM law because I don't know specifics, but I know there are certain constants. We all pay for our education, and unfortunately your tuition is due. (shoulda seen what it cost me to learn gambling)
Now, unfortunately for me in Cleveland, unless otherwise specified the owner pays the water and sewage. If it is otherwise specified by contract (lease) it belongs in their name. Sometimes people don't do that, instead they just show the bill and the tenant remits the amount. If not the owner can shut the water off. This is far and wide the fastest way to get them out. Of course it depends on local laws.
However, now that you've been paying their utilities for a time longer than a month, you made a [something] facto case for them that it is included in the rent. That was your first mistake. What you should've done was just call and have it all shut off during the very first month of occupancy. If, in court they claim those costs should be included in the rent, you can easily claim they are lying because "Your Honor, look at how much the rent is, how stupid would I have to be to include utilities ?". Continuing to pay them after the first billing cycle establishes a prima facie case for them. Assuming that avenue is screwed up we move on to......
Non payment of rent. Contrary to what some people say this is a good way to get rid of them. But you must remember not to accept it. In other words, refuse to write them a reciept and/or DO NOT cash their check. If you do not cash their check they will no doubt bring in their ledger and show it as proof that they paid, but it will not wash with the court. The court may actually view it as an attempt at fraud, which will blow them out of the water. The court will then ask you if you are willing to accept the payment if they pay you right then and there, to which you reply "No, after they tried to screw me this way I don't want it". This "shows" the court that you at least feel defrauded.
Now unless there are rent controls in that venue, you could concievably raise the rent to $12 trillion per month (the national debt). However this is likely to be viewed as something else by the court so it is not advisable unless you got one hell of a lawyer. Speaking of lawyers, if you don't have one, the court is not going to appoint one so you will have to represent yourself pro se. You are a property owner and most places will deny you a court appointed lawyer on that basis.
So now you are in a trick bag and the main idea here is to get out, more specifically to get them out. And do rent the movie Pacific Heights, consider it a worst case scenario, and DO enjoy the end, which I'll not spoil for you. I think that movie should be required viewing for anyone who intends to become a landlord. I mean expect the worst, and appreciate anything better.
But the basic tenet is - if you don't want them in the house and they don't have a lease, they will be gone. But all these verbal agreements don't mean a thing, and NEVER, and I mean EVER let a tenant do any work whatsoever on the property. You either fix it up or rent it as is. This is where the law gets complicated because in some cases as is can mean alot of things, in other venues different standards apply. Almost everywhere though there are constants. You are responsible for wiring and plumbing. Up here an adequate heating system must be maintained by the owner. Most of the time you can let the tenant spackle and paint, if you choose. I recommend against even that. They can install carpet for example, but if it's wall to wall and installed they have to leave it. But then what kind of shape is it going to be in when they are finally out ? One guess is all you need. When we rented we had our own carpet, if the place was carpeted our's went on top of theirs. But it was never installed, we sent it out to be cleaned and took it with us when we left. They can do that. But in most venues if it is screwed or nailed down they have to leave it or replace it with whatever was there before they changed it. This applies to things like cieling fans and light fixtures, also a gray area because you can insist that such things are done only by licensed contractors, quite legally in fact. (things are quite different when it comes to commercial property, and I'm glad we're not on that)
The basic fact is this, it will probably take you about two months to get them out, and don't expect a dime out of them especially if he works under the table. You could turn him in for tax evasion but that might not stick, and doing it now might be viewed as a malicious act, so if you care to try, do it after they are out. It helps if you know where they work. If you jam up the company they work for you jam them up. Sorry about their luck. In this case revenge is a dish best served cold, and you might not want them to know where it is coming from because they know where you are and you don't know where they are. Remember, if they are willing to screw you over when they live in your house, what do you think they might do when they don't ? I don't mean to scare you but be aware of this and if possible, don't escalate the situation any more than necessary to regain posession of your property.
Now the next time around, fix the place up yourself. Take pictures and insist on a lease. Six months will do but even if you make it self renewing all of the terms can be spelled out. Get this, you CAN write a lease contrary to the law but not IN VIOLATION of the law. There is a big difference between the two. And this is not law mumbo jumbo from Real or Hunky, many contracts go against norms for the exchange in your venue, and it may take a bit of legal research to know the difference. What you absolutely can't do is write a contract that is IN VIOLATION of the law. That will render it null and void in court.
Always insist on a full deposit and rent before handing over the keys, no deals. Once that money is in your hot little hand, turn the electric and gas off the same day if you can. That's the deal. Like I said in some areas you can't do that with the water. If you find that in the normal exchange in these matters in your area require the tenant to pay water, have it turned off now and notify the building department downtown. They will be put out in a matter of days in most jurisdictions. The only thing is to make absolutely sure it is legal. And then we have that prima facie case. However if they can't prove they paid the rent, you can simply tell the court that you don't have the money to pay someone to be a squatter in your house. This should fly usually. This is the fulcrum of your power, which is why it is imperative that you do not accept the rent money. Even if they try to pay, refuse it. They could mug you and be a put-pocket and shove it in your pocket or purse, but only you can write the reciept. You MUST NOT do this.
In fact if the situation is adversarial at this point the best course is to avoid all contact with them. They will say they tried to call you and you say you tried to call them, equal weight in court. But then the court will see who owes whom, and take that into consideration.
DO familiarize yourself with local laws on this matter, it doesn't sound like you intend to hire a high powered attorney for this matter. Hell it would be cheaper to buy some bikers a couple of kegs of beer and they could be sorry they ever set foot in the place, but I am assuming that you don't want to go that route. Even something like that needs to be considered, because dem guys ain't gonna stick around forever. Having someone else handle your dirty work like that is bad business.
So you see in the end it is YOUR problem. Get familiar with the law. I'll be here and can tell you how to find the jugular vein, to go in for the kill, to litigate. But you must know the specifics. And remember, this is pretty much like a divorce, nobody wins. All you can do is minimize your losses.
If you want to get nasty, you'll have to get me on the other side. I will not put it out here. Applying duress can be fun, I mean super glue, things like that. If you go that route just make sure not to get caught because then in court you can say "Well if they screw the landlord who else have they screwwed, they probably have enemies all of the place".
I don't play to lose. I can handle these things here, where I am familiar with the law and the system. Don't take my word as gospel. Things are not the same all over and you have to sit down and put yourself in their place. Think of all the things they can do, the tools at their disposal. Be ready for as many eventualities as you can. Not to bring up the sordid subject, but for example if they are of a different race than you, they might play the race card. In which case you need a trump card. If they are any kind of minority, expect anything. If they have kids, expect worse.
But you will emerge victorious eventually, with a hell of alot more knowledge than you had when you walked into the snake pit. I doubt you'll make the same mistakes again.
T
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Renter, Honest opinions, I know I screwed up!! - 
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