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Marie Hansen Properties
Actions Speak Louder Than Words
This is an age-old saying one can apply to a landlord/tenant relationship. Many property owners do not realize they can alter a contract by their actions. Often property owners are reluctant to issue a Pay or Quit Notice to a tenant, but then when the rent is late, it is important. The following story is true, although the names are fictitious.
Mrs. Smith took the necessary precautions to initiate a lease that provided all the important and necessary clauses when renting to her tenant, John. He moved in and the first month the rent was due, it did not arrive on time. Mrs. Smith waited a few days and then contacted John, who informed her that he would be paying the rent, but not until the fifteenth of the month. Although Mrs. Smith was not satisfied with this answer or arrangement, she agreed, and accepted his explanation that he had some unusual medical bills. She waited for the rent without issuing a notice to Pay or Quit and John eventually paid the rent on the seventeenth of the month.
From this point on, this was the pattern – John did not pay the rent on time, Mrs. Smith would contact John, he would give a variety of excuses, and although disgruntled, Mrs. Smith would agree. He then paid the rent between the 15th and the end of each month. This went on for about eighteen months.

Finally, Mrs. Smith decided this rent situation was unacceptable and she issued a Pay or Quit notice on the second of the month. The three-day period ended and the rent remained unpaid. Mrs. Smith contacted John and he stated he would not have the rent until the fifteenth of the month. Incensed, Mrs. Smith contacted her attorney and started immediate legal action to evict her tenant without relaying all the facts.

John engaged a free Tenant Legal Aid service and answered the eviction. In court, Mrs. Smith’s attorney argued that John had not paid his rent according to his contract. John’s attorney produced every paid rent receipt arguing that Mrs. Smith had altered the contract with “implied consent” by allowing him to pay on or after the fifteenth every month. Under oath, Mrs. Smith admitted she had agreed to accept the rent after the 15th and had not previously served a notice.

The judge ruled that John could remain in the property as long as he brought the rent current and Mrs. Smith was responsible for her legal fees. After her court experience, Mrs. Smith was reluctant to initiate any other legal action until John was over two months behind in his rent. John did not protest the eviction and abandoned the property with four months of rent in arrears and damage.

Normally, tenants do not challenge an eviction, most eviction attorneys prevail, and the judge rules in favor of the owner on a Pay or Quit Notice. However, Mrs. Smith’s acceptance of the rent after the fifteenth for so many months created a verbal contract by implied consent, which provided a loophole for the Tenant.

The moral of the story is that serving a Pay or Quit Notice is important when the unpaid rent is due. As your Property Manager, we know that although a notice is unpleasant, it is sometimes necessary to “Protect Your Investment.”
 
Spring 2017
Marie Hansen Properties Team
Marie Hansen Properties, Inc
615 Piikoi Street, Ste. 2020
Honolulu, HI 96814 77040
Business: (808) 591-1110
Fax: (808) 591-9780
Office Hours
Monday-Friday
8:30 am-5:00 pm
Additional Services
Want to buy or sell? Just call and we will have an agent contact you to help with your Real Estate needs.
Need management elsewhere? You, or someone you know, may need a property manager in other states. Because of our proud affiliation with NARPM we have contacts throughout the country and may be able to assist you.
Serving You
Cheryl Kunimoto
President

(808) 591-1110, x 204
cheryl@mhprops.net
Devorah Simon
Office Manager

(808) 591-1110
devorah@mhprops.net
Kim Arongay
Bookkeeper

(808) 591-1110, x 1202
kim@mhprops.net
Connie Oakland
Administrative/Accounting Assistant

(808) 591-1110, x 1208
connie@mhprops.net
Liz Ishimitsu
Property Manager

(808) 593-2780 direct line
liz@mhprops.net
Sherie Hitchcock
Property Manager

(808) 593-2735 direct line
sherie@mhprops.net
Linda Fogarty
Property Manager

(808) 593-2725 direct line
linda@mhprops.net
Drudi Johnston
Property Manager

(808) 591-1116, direct line
drudi@mhprops.net
Sue Bauer
Property Manager

(808) 585-9235, direct line
sue@mhprops.net
Rhonda Hutchinson
Property Manager

(808) 585-9235, direct line
rhonda@mhprops.net
 
Marie Hansen Properties Associations

The material provided in this newsletter is for informational and educational purposes only. It is NOT legal advice. Although we believe this material is accurate, we cannot guarantee that it is 100% without errors.

 
Services Provided By:
Property Management Newsletters 288 N. Hartford St. Chandler, Arizona 85225 United States
MHP Rental News: Fair Housing and Reasonable Modifications
Having trouble viewing this email? Click here
You are receiving this newsletter because you are a client of Marie Hansen Properties
If you are not interested in receiving it,  Unsubscribe Instantly
 Click Here to confirm your subscription.
Marie Hansen Properties
Actions Speak Louder Than Words
This is an age-old saying one can apply to a landlord/tenant relationship. Many property owners do not realize they can alter a contract by their actions. Often property owners are reluctant to issue a Pay or Quit Notice to a tenant, but then when the rent is late, it is important. The following story is true, although the names are fictitious.
Mrs. Smith took the necessary precautions to initiate a lease that provided all the important and necessary clauses when renting to her tenant, John. He moved in and the first month the rent was due, it did not arrive on time. Mrs. Smith waited a few days and then contacted John, who informed her that he would be paying the rent, but not until the fifteenth of the month. Although Mrs. Smith was not satisfied with this answer or arrangement, she agreed, and accepted his explanation that he had some unusual medical bills. She waited for the rent without issuing a notice to Pay or Quit and John eventually paid the rent on the seventeenth of the month.
From this point on, this was the pattern – John did not pay the rent on time, Mrs. Smith would contact John, he would give a variety of excuses, and although disgruntled, Mrs. Smith would agree. He then paid the rent between the 15th and the end of each month. This went on for about eighteen months.

Finally, Mrs. Smith decided this rent situation was unacceptable and she issued a Pay or Quit notice on the second of the month. The three-day period ended and the rent remained unpaid. Mrs. Smith contacted John and he stated he would not have the rent until the fifteenth of the month. Incensed, Mrs. Smith contacted her attorney and started immediate legal action to evict her tenant without relaying all the facts.

John engaged a free Tenant Legal Aid service and answered the eviction. In court, Mrs. Smith’s attorney argued that John had not paid his rent according to his contract. John’s attorney produced every paid rent receipt arguing that Mrs. Smith had altered the contract with “implied consent” by allowing him to pay on or after the fifteenth every month. Under oath, Mrs. Smith admitted she had agreed to accept the rent after the 15th and had not previously served a notice.

The judge ruled that John could remain in the property as long as he brought the rent current and Mrs. Smith was responsible for her legal fees. After her court experience, Mrs. Smith was reluctant to initiate any other legal action until John was over two months behind in his rent. John did not protest the eviction and abandoned the property with four months of rent in arrears and damage.

Normally, tenants do not challenge an eviction, most eviction attorneys prevail, and the judge rules in favor of the owner on a Pay or Quit Notice. However, Mrs. Smith’s acceptance of the rent after the fifteenth for so many months created a verbal contract by implied consent, which provided a loophole for the Tenant.

The moral of the story is that serving a Pay or Quit Notice is important when the unpaid rent is due. As your Property Manager, we know that although a notice is unpleasant, it is sometimes necessary to “Protect Your Investment.”
 
Spring 2017
Marie Hansen Properties Team
Marie Hansen Properties, Inc
615 Piikoi Street, Ste. 2020
Honolulu, HI 96814 77040
Business: (808) 591-1110
Fax: (808) 591-9780
Office Hours
Monday-Friday
8:30 am-5:00 pm
Additional Services
Want to buy or sell? Just call and we will have an agent contact you to help with your Real Estate needs.
Need management elsewhere? You, or someone you know, may need a property manager in other states. Because of our proud affiliation with NARPM we have contacts throughout the country and may be able to assist you.
Serving You
Cheryl Kunimoto
President

(808) 591-1110, x 204
cheryl@mhprops.net
Devorah Simon
Office Manager

(808) 591-1110
devorah@mhprops.net
Kim Arongay
Bookkeeper

(808) 591-1110, x 1202
kim@mhprops.net
Connie Oakland
Administrative/Accounting Assistant

(808) 591-1110, x 1208
connie@mhprops.net
Liz Ishimitsu
Property Manager

(808) 593-2780 direct line
liz@mhprops.net
Sherie Hitchcock
Property Manager

(808) 593-2735 direct line
sherie@mhprops.net
Linda Fogarty
Property Manager

(808) 593-2725 direct line
linda@mhprops.net
Drudi Johnston
Property Manager

(808) 591-1116, direct line
drudi@mhprops.net
Sue Bauer
Property Manager

(808) 585-9235, direct line
sue@mhprops.net
Rhonda Hutchinson
Property Manager

(808) 585-9235, direct line
rhonda@mhprops.net
 
Marie Hansen Properties Associations

The material provided in this newsletter is for informational and educational purposes only. It is NOT legal advice. Although we believe this material is accurate, we cannot guarantee that it is 100% without errors.

 
Services Provided By:
Property Management Newsletters 288 N. Hartford St. Chandler, Arizona 85225 United States

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