Tuesday, March 29, 2011

Postponing the Fight

I've just realized another option that would give me better standing in court. I'm not sure if this constitutes as not following through with the fight, but it is an alternative.

If I decide to extend her tenancy for another 3 months, thereby having it end in July of 2011, then that would use this time as a warning to pay rent on time. I like this better because I can say that I gave her a chance to pay it on time and she didn't comply. Being able to say this in court makes me feel a lot better, and it takes away the argument that "we didn't give her a chance to change". This takes care of any dealings with a sympathetic judge. Also, if I decided to extend the tenancy in July, that would mean that I would throw her out near the end of the summer, rather than at the beginning. Property Chi is not in a great area (across the street from a bar that gets rowdy in the summer), and prospective tenants hate to see "riff raff" hanging out all over the place. Renting the place out for September eliminates that, as the kids are getting ready for school and the riff raff is dying down. Going this way is, however, risky for a couple of reasons.

If she becomes late paying the rent or doesn't pay the rent at all, then I'm stuck with a tenant that I can't get rid of because I'll sue and she'll call the code enforcement boys. I can't have that.

Also, I really want to test the MPS using the 3 month lease part of it, and this would postpone it by another 3 months. But another 3 months will put me in better standing in court. So I have to think about this and make a decision tomorrow when I call her at 1430. I'd rather put on the gloves and box, but sometimes it may be beneficial to postpone the fight if I know I have an even better chance of winning.

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