It says Kim Zolciak, the American reality television personality on the Bravo series The Real Housewives of Atlanta is in a dispute with her landlord over the rental agreement. The landlord stated that Zolciak and her spouse agreed to leave the property by the end of May 2012.
Though Kim Zolciak and her landlord are fighting this serious legal battle, Zolciak told TMZ that she has been paying her house rent regularly. However, TMZ managed to obtain her rental agreement that they believe clearly proves that she has been lying.
Kendra Davis, the landlord had received an email from Zolciak's spouse Kroy Biermann wherein he stated that they would be moving out of the house on May 30 2012 but in spite of this they did not bother to leave the rental unit and are still dwelling in the same house.
According to TMZ, Davis further stated that she wants to evict Kim because the latter has no right to live in that house as she won't pay the rent. Moreover the lease clearly states that if the renters stay in the house past the date they declared to move out, they would be considered as squatters and would owe $600 each day.
This situation became more confused as the email sent by Biermann to Davis states, €We understand we are in the process of attempting to purchase the home however the Lease agreement is a separate agreement in its entirety and in order to honor that agreement it states we must send you a letter of this form to ensure we fulfill our obligation of the lease.€
Sources informed TMZ that Kim and Biermann had decided to drop the plan of purchasing the house as it was not worth the asking price; but they also didn't move out of the house. Davis told TMZ she sent a letter to Zolciak and Biermann letting them know they are in the home illegally and needed to vacate immediately.
This is a very common type of dispute that many landlords in Houston, Dallas, Texas, or all around the United States face. This story proves that even the best of prospective tenants can still cause headaches for landlords and management companies. Screening for prospective tenants is an excellent practice, but there are still risks even after a thorough screening. Hopefully, this landlord and the tenant can work out a beneficial settlement, as the eviction and failure to settle the judgement can be damaging to a person's credit report.
There are several landlords and property managers in Houston and Dallas area who are also facing issues evicting tenants who neither pay their house rent nor do they leave the rental unit. As single family home property managers, we are familiar with these kinds of tenant-landlord disputes and suggest the following ways to solve such disputes.
1. Send a written eviction notice to your tenant precisely stating that reason why you want your tenant to leave your property. Please make sure that the notice period to comply agrees with the terms of the lease on such matters.
2. If the written eviction notice gets ignored by the tenant and the notice period to comply is unheeded, then the next step would be to file an eviction at the appropriate court (in Texas, eviction matters are handled at the JP. You must provide enough evidence to the court to prove that the landlord or their property manager had sent a written notice to your client to vacate the property but the written notice has been ignored by your tenant. Examples of appropriate notice in Harris County include: 1)Delivery in Person 2) Certified Mail with Return Receipt
3. There is a chance that a tenant moves out after getting a court summon, but if he or she still appears adamant, then the landlord or their property manager should provide the court with records of the payment history (a tenant ledger), copy of your eviction notice, documentation of other communication, and/or evidence of damages caused to your property by the tenant.
4. If the tenant refuses to move out, then you can request that the court order, the local sheriff to intervene to carry out the writ by evicting the tenant forcibly from your rental property.
Though Kim Zolciak and her landlord are fighting this serious legal battle, Zolciak told TMZ that she has been paying her house rent regularly. However, TMZ managed to obtain her rental agreement that they believe clearly proves that she has been lying.
Kendra Davis, the landlord had received an email from Zolciak's spouse Kroy Biermann wherein he stated that they would be moving out of the house on May 30 2012 but in spite of this they did not bother to leave the rental unit and are still dwelling in the same house.
According to TMZ, Davis further stated that she wants to evict Kim because the latter has no right to live in that house as she won't pay the rent. Moreover the lease clearly states that if the renters stay in the house past the date they declared to move out, they would be considered as squatters and would owe $600 each day.
This situation became more confused as the email sent by Biermann to Davis states, €We understand we are in the process of attempting to purchase the home however the Lease agreement is a separate agreement in its entirety and in order to honor that agreement it states we must send you a letter of this form to ensure we fulfill our obligation of the lease.€
Sources informed TMZ that Kim and Biermann had decided to drop the plan of purchasing the house as it was not worth the asking price; but they also didn't move out of the house. Davis told TMZ she sent a letter to Zolciak and Biermann letting them know they are in the home illegally and needed to vacate immediately.
This is a very common type of dispute that many landlords in Houston, Dallas, Texas, or all around the United States face. This story proves that even the best of prospective tenants can still cause headaches for landlords and management companies. Screening for prospective tenants is an excellent practice, but there are still risks even after a thorough screening. Hopefully, this landlord and the tenant can work out a beneficial settlement, as the eviction and failure to settle the judgement can be damaging to a person's credit report.
There are several landlords and property managers in Houston and Dallas area who are also facing issues evicting tenants who neither pay their house rent nor do they leave the rental unit. As single family home property managers, we are familiar with these kinds of tenant-landlord disputes and suggest the following ways to solve such disputes.
1. Send a written eviction notice to your tenant precisely stating that reason why you want your tenant to leave your property. Please make sure that the notice period to comply agrees with the terms of the lease on such matters.
2. If the written eviction notice gets ignored by the tenant and the notice period to comply is unheeded, then the next step would be to file an eviction at the appropriate court (in Texas, eviction matters are handled at the JP. You must provide enough evidence to the court to prove that the landlord or their property manager had sent a written notice to your client to vacate the property but the written notice has been ignored by your tenant. Examples of appropriate notice in Harris County include: 1)Delivery in Person 2) Certified Mail with Return Receipt
3. There is a chance that a tenant moves out after getting a court summon, but if he or she still appears adamant, then the landlord or their property manager should provide the court with records of the payment history (a tenant ledger), copy of your eviction notice, documentation of other communication, and/or evidence of damages caused to your property by the tenant.
4. If the tenant refuses to move out, then you can request that the court order, the local sheriff to intervene to carry out the writ by evicting the tenant forcibly from your rental property.
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