Really?!?!

[Ravensfan2001]

We informed our landlord that we are buying a house and will move before the end of the year. She then wants us to sign a lease because she does not want to rent month-to-month. Of course, we said no. And we updated her saying we'll probably move in October. Now, she is looking for every reason to have us evicted. She says we are always late with the rent and refuse to pay late fees. For 2 years, rent has always been payable to her brother, who also signed the lease, and it has NEVER been late. We leave the rent check under the doormat and text her brother once we leave it. She keeps sending me emails saying we are refusing to let her inspect the condo, but when we tell her to come, she doesn't call back. Her brother even says she's crazy.

So our loan went into underwriting today, and my LO says we should hear back this week about the appraisal and which collections have to be paid before closing. Tentative closing date is September 25. Can I give notice now? If the loan falls through, we are moving anyway to get away from the drama queen. I'm sure we would get approved if we have to lease a place.

[DallasLoanGuy]

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@Ravensfan2001 wrote:
 which collections have to be paid before closing.

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Are they saying why ANY might have to be paid?

[Ravensfan2001]

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@DallasLoanGuy wrote:

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@Ravensfan2001 wrote:
 which collections have to be paid before closing.

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Are they saying why ANY might have to be paid?

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I am in Virginia and am getting an FHA Plus loan, which is basically 100% financing. Not sure whose rule it is, VHDA or FHA, but it seems that I have to pay any collection over $250. I have 2 that are over. The rest are small medical bills. My LO today said that the underwriter has everything and we should wait to hear back from them (this week) to see if there is anything else we need to do. That's all I know.

Do you think there is a chance that I don't have to pay any of them before closing? ALL are over 5 years old.

[Boldilocks]

I feel your pain!  My own crazy landlady story is right here, towards the bottom of page 1 (and continues on, LOL).  One day, she sends me a letter from her lawyer, the next she tries to friend me on Facebook.  Yeah, we're getting out of here by hook or by crook too!

We have the same thing - she's saying we were late with July's rent and are late with August.  Actually, what happened and she is well aware, is that we withheld July rent and paid August rent as usual.  She's using August rent as July, and says it was paid a month late, and August is still due.  Problem is that August Rent 2013 was written on the check, and she accepted and endorsed it.

You will be able to get copies of your cancelled checks from your bank - this is what we were doing.  Shows perfect history of 4+ years, paid on the day due or early. 

Also, google tenant rights for your state - the law can differ state to state.  For example, in NY (where I am), you are able to withhold rent under some circumstances, and she is not allowed to harrass us (she has been here every day this week, as well as contacting me on Facebook, sending us 2 threatening letters, and calling the police) - which she has.

You are supposed to give 30 days notice in writing - even as a month-to-month (which you are as you haven't signed a new lease), so make sure that you do it, certified, for her to receive in time - and ask her for your deposit back in the same letter.

[DallasLoanGuy]

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@Ravensfan2001 wrote:

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 today said that the underwriter has everything and we should wait to hear back from them (this week) to see if there is anything else we need to do. That's all I know.

Do you think there is a chance that I don't have to pay any of them before closing? ALL are over 5 years old.

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i don't know your lender or their guidelines. 
so i do not know.

fha doesnt require them to be paid. that is why i suggest that people call around to other lenders in the area and see what their guidelines are.

[Ravensfan2001]

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@DallasLoanGuy wrote:

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@Ravensfan2001 wrote:

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 today said that the underwriter has everything and we should wait to hear back from them (this week) to see if there is anything else we need to do. That's all I know.

Do you think there is a chance that I don't have to pay any of them before closing? ALL are over 5 years old.

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i don't know your lender or their guidelines. 
so i do not know.

fha doesnt require them to be paid. that is why i suggest that people call around to other lenders in the area and see what their guidelines are.

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I finally figured out that the requirements above are from the VHDA website.

We were just looking to see what else we needed to fix on our credit to get approved. And the LO came back with a preapproval. So we shopped around, but never asked about the guidelines. And this LO that I'm working with now is the only one who got back to me. Anyway, the collections are do-able for us, no biggie. We've been trying to PFD with these CA's since March with no success. I'll just pay them and get it over with.

[Ravensfan2001]

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@Boldilocks wrote:

I feel your pain!  My own crazy landlady story is right here, towards the bottom of page 1 (and continues on, LOL).  One day, she sends me a letter from her lawyer, the next she tries to friend me on Facebook.  Yeah, we're getting out of here by hook or by crook too!

We have the same thing - she's saying we were late with July's rent and are late with August.  Actually, what happened and she is well aware, is that we withheld July rent and paid August rent as usual.  She's using August rent as July, and says it was paid a month late, and August is still due.  Problem is that August Rent 2013 was written on the check, and she accepted and endorsed it.

You will be able to get copies of your cancelled checks from your bank - this is what we were doing.  Shows perfect history of 4+ years, paid on the day due or early. 

Also, google tenant rights for your state - the law can differ state to state.  For example, in NY (where I am), you are able to withhold rent under some circumstances, and she is not allowed to harrass us (she has been here every day this week, as well as contacting me on Facebook, sending us 2 threatening letters, and calling the police) - which she has.

You are supposed to give 30 days notice in writing - even as a month-to-month (which you are as you haven't signed a new lease), so make sure that you do it, certified, for her to receive in time - and ask her for your deposit back in the same letter.

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In Virginia, we can't withhold rent for any reason. I felt like not paying rent when there was a heat wave last month and the inside temperature was 80+ degrees for 3 weeks. She is very bitter about having to fix the AC, saying that it was new, even though the technician said (way back in November 2011) that the unit was very old and won't last much longer. Here's her latest email from yesterday....

I have asked you in writing and over the phone so many times to send the rent on time (which you never did) and to pay the late fee whenever you bring the rent late (which you never did). Rent was always paid to her brother, and always on time. The only time either of them have ever mentioned a late fee was for August 2013 when they did not look under their doormat where I always leave it and even texted her brother it was there on the 4th. Her brother said everything was fine.

Your lease expired long time ago and you refused to renew the lease.  I told you I do not want to rent my condo month to month but I got no response from you or your husband.  At the beginning of this month, I finally heard from your husband since all you wanted was for the AC to get fixed.  Your husband told me that you are trying to purchase a house in September and that you do not want to renew lease.  I told him over the phone and you over email that I do not want to rent the house month to month.  So far no resolution. Umm, I'm buying a house. Who would sign a lease when they're buying a house? Obviously, she knows we don't want to sign a new lease. So what's the problem?

In addition, for the past one year and a half (meaning since July 27, 2013), you refuse my entry to my own condo for inspection (refusing means the landlord does not show up to inspect the condo on the agreed upon time, TWICE, with no communication to let us know she's not coming. It also means that she can email me at midnight and show up the next day at 5pm when we were at work and that supposedly was the required 24 hour notice).  There is a clause in the lease that gives me the right to enter my property after giving you notice.  For over a month now (first it's a year and a half, now it's a month - since July 27), you did not answer my knocks on the door when I came to see my property (she came over once) nor did you respond to my calls or emails (that's why she spoke to my husband, because we did not respond). 

Please take note that I will be sending you a notice to evict the condo due to all the factors listed above.  First, I will give you 5 days notice to remedy the above, meaning:

1.  renew lease or leave the condo since your lease expired and I do not want to rent month to month I guess this still isn't clear. How else can you say NO?

2.  renew with an increase of $50 and pay the rent the first of each month.  You also owe me late fees for many months where you brought the check very late (after the fifth of the month) So she wants to go back and charge me for the many months that the rent was not late and I received no notice EVER that the rent was late (except for this month, which is explained above. 

3.  I need to have access to my property immediately and be able to inspect it.  You would not allow me entry into my own property since you rented the place.  I scheduled appointment to come  (yes, scheduled through email at midnight the night before, with no confirmation) and you did not open the door when I came to the condo (because we have jobs. Her brother even called me at work that day to discuss how crazy his sister is).  I basically have not seen my property (not even once) since you rented it over a year and a half ago. I have proof that she was here in November 2011. She hasn't contacted me to come here until July 25 2013.

4.  I had to replace the AC and the heat within 1.5 years of your stay in the apartment.  Both units were not even couple of years old (so she thinks. but I don't have proof).  That tells me that you are not taking care of things in the house.  The technician for the furnace confirmed that due to the tenant not changing the filter, the furnace went bad and needed replacement (the technician told me it had nothing to do with changing the filter).  Since you are preventing me entry into the condo to inspect, I am not sure what other major and small damage is in the property. 

Again, if all the above not resolved within 5 days, I will be sending you your notice of eviction. 

So my issue is that both the brother and sister signed the lease, so they are both my landlords. The brother is perfectly sane, but the sister isn't. And they are saying opposite things. The brother is telling me to ignore her, but how can I ignore her when she keeps sending emails and texts, but I have nothing in writing from him? My only concern is that if she tries to evict us, it won't give us time to move. I'm not even sure if she has good enough reason to evict. She's the one who doesn't come to inspect her condo at the agreed upon time. I guess it's time to get the landlord tenant commision.

[DallasLoanGuy]

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@Ravensfan2001 wrote:

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I finally figured out that the requirements above are from the VHDA website.

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well, if you are getting some kind of down payment assistance or reduced rate for using the program..... then paying your bills shouldn't be a problem. free money is free money.

i cant keep up with all of these local programs. i just know that fha doesnt require collections to be paid.