I want to terminate lease that expires 8/31/06 prior to exp date due to late payments & refuse 2 payl ate fee?

Question

I have documented late rental payments for 6 of the last 7 months. Tenant refuses to pay late fees and fees charged by my bank to resubmit NSF checks. Tenant is uncooperative when Home Owners Association requests for her to repair broken window in a timely manner. Per tenant's statement she is planning on subletting rooms (not agreed on lease ) Upon serving Notice to Pay Rent or Quit tenant issues verbal complaints of non-working appliances that she says have not worked since last November, however, she brought this to my attention through the person who served her today. Tenant took full resposibility (verbally over the phone on 6/14/2006 for lease after 2 roomates moved out last May, for which I received no notice from either one of the 3 tenants. Current tenant did pay rent in full for the month of June but refused to pay late fees. Tenant also has paid $ 1300.00 of the $ 1525.00 monthly rental fee.

Answer 1

If you get lucky, you can legally get her out in around 3 months.
Otherwise "strong arm" techniques are left to your imagination.
If I had not paid, and someone came around with a gun or baseball bat, in the middle of the night, I might be concerned !

Answer 2

You should start eviction proceedings. Either hire an attorney (the tenant can be billed for the fees) or contact the county court clerk's office for procedures.

The tenant's verbal notice of the roommates moving out is meaningless. Sue them for the unpaid rent and all fees as well. They are jointly responsible for the rents and fees if they signed the lease.

If there are problems with appliances, etc., the lease almost certainly states that the tenant must give written notice of those issues. You are under NO obligation to remind her of that fact. Unless it's an emergency situation, you can ignore the verbal notice in most cases.

With a bit of luck, there will be enough security deposit to cover the unpaid late and NSF fees as well as any damages. You may deduct those when you render the statement on the deposit after move out.

At the very least, starting legal eviction proceedings will put the tenant on notice that you're not playing games and may shock her into compliance. However, my guess is that she'll ignore the eviction notice and summons and you'll get a quick default judgement. The sheriff will then remove her and her belongings from the home. That WILL get her attention.

Don't bother calling the police regarding the eviction. This is a civil matter and the cops won't get involved.

And I shouldn't have to mention that you should NOT attempt a "self help" eviction or lockout as at least one fool has recommended here. That would put you on the wrong side of the law and is even a crime in some jurisdictions.

Answer 3

From what I understand, as long as there is a written agreement, then you have the right to take them to court. When you file, include that in the addition of the late fees that are outstanding, the back rent and fees for NSF checks, you also include the attorney fees. Hire a lawyer. Take a digital camera with you when you come to inspect the property. Anything that goes above and beyond "reasonable wear and tear" they will be liable for. Make sure that you have all the paperwork from the bank as well. That will also have your proof from the NSF checks. I'm not sure about the window...that generally falls into the landlords domain of fixing. Check into that with your local laws to see what a landlord is liable for. If there were problems with the utilities not working, the your tenant "should" have contacted you IN WRITING for you to get them fixed. If they didn't do that, then it's up to them to should burden of proof that you were informed. It may be their way of stalling. Good luck!!

Answer 4

Can you begin eviction proceedings since she is technically in default of her lease payments? If that is too much trouble, I would just wait out the lease (It's only two more months). The bad part is, she sounds like the type that when you do tell her you are not renewing her lease, she won't pay you the last months rent. I would definitely report her to the credit bureaus (with your proof of late payments) so no one else will fall victim to her... Good Luck

Answer 5

So, take them to court. But, maybe she has pictures and records too. If smart that person set money back or opened a acc't for rent till repairs were made. Try to fix things yourself within reason. Most leases says that tenants can't make repairs. If they do you could sue them. hmm.. there's a problem with that huh? You might be able to evict them yes but if they only owe you like $200 in late fee's it might now be worth hassel. you could spent more to get out if they have kids b/c in most places it can take 3-6months to do it if they wanta push it. try to work out payments with them if you can to get caught up or help them find a replacement person. you might have to go after the ex roomates too. go to judge joe brown. com and read your rights they have legal information there and its free. good luck. You don't have much longer to deal with them though.

Answer 6

It seems to me that you need to go to the police and have the tenant evicted. It seems that you have excellent records and will have no problem with any burden of proof laws that may exist in ur state

Answer 7

Bite the bullet and hire a lawyer to get this bum out of your rental. You will probably have alot of damage, and will need to go to court anyway.... What bums,.,....

Answer 8

it is your duty to allow adequate time for the charge to flow by potential of by technique of the dealine - in case you go away it till the perfect minute, you could't then whinge because it did not get processed in time.