I rent out an apartment above my office which we are selling next week. We have a buyer who is ready to move his business in and the renters must be out. In my lease it says they were to be given a 60 day written notice (they were) and the lease would be terminated upon sale of the business. Prior to two weeks ago everything is going great, I even found the two woman a new place to live for Dec 1.
Then out of the blue they send me a letter last week stating they need $6880.00 or they are going nowwhere (this is 3 months future rent and moving fees…dont ask me how they came up with 3 months). My lawyer tells me I have every right to boot them but in Maine the process of eviction can take months. Meanwhile, I am actively opening my new office with builder pounding nails as we speak.
I offered them 1000 dollars and they “counter” with 3000.00 and my lawyer advises I pay them off if I want to sell the building and move on with my life.
It feels really good to be extorted.
My lawyer question is can I take them to small claims court (after they move out) and have a chance of winning. I am thinking a judge would side with us based on the overall situation.
File a criminal complaint for extortion. See if the cops will or the DA will help you out. They are prepared and able to move out. The only reason they are not moving out is because they want money to do so. Sounds like extortion to me.
If they are just trying for some cash, they might be frightened off by you filing a criminal complaint. They may see it as not worth the fight and move on out.
If you pay them off, you will never see that money again. If you try to take them to small claims court after the fact you will have to pay your own lawyer, you will either lose the case because you did not follow the letter of the law, or you will win and they will not pay you back.
I say you tun off the power and the water on Dec 1 and tell the new tennant to do all of hs renovations at 2am.
Filing the police report on extortion is a good idea. Make sure that they get served the papers at work.
I’m pretty sure the extortion is a tough nut, especially since you countered the offer: that can be considered a negotiation and not extortion worthy. The best bet is a sternly written letter from a lawyer threatening to sue for damages and fees (outline some sick amount of money as the amount). If that doesn’t work, change the locks when they are out. Its your place, you have the right. They can then try to fight the legal system to get their stuff back, or work with you. They’ll call the cops, and you’ll have the signed lease and ownership of the property. Have the cops negotiate the ‘deal’ on the spot. If the cops can’t, charge the ladies for storage fees. Other options include:
Begin work on the building, at night, with a jackhammer, for days on end.
Cut off the power, heat, water, etc. Fumigate daily.
Call the SWAT team. Tell them that you’re pretty sure the ladies are making meth and selling guns.
Tow their car(s).
Threaten to mess with their credit.
Let truckers park semis in the parking lot. All over.
Open a night club downstairs.
C’mon man, use that $3000 for some good old, all-American, outside the lines, out of the box, sneaky tomfoolery. Take the fight to them! Be the aggressor!
“C’mon man, use that $3000 for some good old, all-American, outside the lines, out of the box, sneaky tomfoolery. Take the fight to them! Be the aggressor!”
I can get you a deer head if you want. It is pretty fresh.
Did you send the notice to vacate by certified mail, return receipt? Proper notice is the first step and will determine whether you can take any further action. Does your lease include language on how service/notice is to be made? If so, did you follow the lease?
I did a bunch of eviction cases early on in my career. There are a lot of scumbags out there that will do anything. Unfortunately, your lawyer is right – you’ll win in small claims, but eviction takes time you don’t have. Plus, it will cost you money. I agree with your lawyer – pay them off and move on. It sucks, but it’s the fastest way to resolve the problem. Keep your eye on the end game if that helps; everything else is just annoying noise.
From a lawyer. Do what your lawyer says. Better yet, pay your lawyer and let him/her handle it entirely. Eviction law is very hypertechnical and governed by the local law of the jurisdiction. There is no uniform property law standard from state to state, or perhaps even from municipality to municipality, depending upon your jurisdiction. You can get in a huge legal morass if you mess with your tenants. I assume your lawyer has some expertise in this area. If so, let him/her handle it. If not, find a landlord-tenant lawyer who practices in your jurisdiction and let him/her handle it. One thing for certain … you don’t want to listen to folks who aren’t qualified to give bona fide legal advice. In the final analysis, you bear the economic risk of loss if you don’t follow the law. Caveat: this is not a legal opinion, only my general personal observation. Good luck.
I had a verbal talk with them telling them about the 60 day notice. I then followed up with a mailed letter. I did not certify it as there was no bad blood at the time. Ironically, she claims to “have never gotten a letter” but I have my copy. Then again, she lost the hard copy of her lease also…surprise.
What I havent told you guys is the day I told them about the 60 days, I told them about a house down the road they could rent. I even cut the rent in half for the month of November as I felt bad. They took it as a sign of weakness I think (cutting the rent) and went for the juglar vein.
It gets worse… I contacted the owner of the property and he told me they are good to go as of Dec 1st, so all along they actually had a place to go and were ready to move in.
No good deed goes unpunished. Do not give in. If they are ready to go on the new place, then they have a signed lease for which they will need to pay rent. Call their bluff. Begin eviction proceedings. They will be on the hook for your rent as holdovers and the rent on the new place. Ask your lawyer to look into the laws regarding blackmail … I think you have a case. You can even give a heads up to your purchasers. They can start work on the downstairs while you deal with the slime upstairs. Do you have a security deposit? Can you rescind your November rent reduction and charge them the full price? Strike back on these low lifes.
…
It gets worse… I contacted the owner of the property and he told me they are good to go as of Dec 1st, so all along they actually had a place to go and were ready to move in.
You lost me here, the owner of which property. Who is good to go? So your tenants have a place and are moving in? Thats great for you right? Help, I want to here how the deer head goes over.
