She is also refusing to pay for past utililties bills,do I have the right to shut off the electric after the 15th of August ??? as it is in my name....?????
2006-08-02 02:25:43 · 17 answers · asked by Fillie 1 in Business & Finance ➔ Renting & Real Estate
You are not allowed to have the utilities shut off. You have to give her written notice that her lease will not be renewed and that her tenancy is terminated. The notice period in most states is 30 days but check the written lease to be sure it's not longer. Once the time period passes, if she still hasn't vacated then you have to file a lawsuit for eviction.
Go to http://realestate.findlaw.com/landlord to read about terminating leases in general and then click on the Resources link to get specifics for your state.
2006-08-02 02:33:37 · answer #1 · answered by Anonymous · 0⤊ 0⤋
The laws in each state vary. However, the fact that she currently owes you money means you don't have to wait until August 15 to take action. What action?
Well, in my state, you are not allowed to use any self-help: you can't turn off electricity, change locks or anything. You have to go through the courts.
Get a lawyer and pay for help. Whatever the cost, it will be cheaper than having a bad tenant sitting around on your property.
2006-08-02 02:31:36 · answer #2 · answered by Loss Leader 5 · 0⤊ 0⤋
The law is different in every area, but just because a lease is up does not mean that a tenant has to automatically vacate. Where I live, a lease with a set term automatically converts to a month to month lease unless it is renewed for an additional term.
Does your area require that tenancy be terminated for cause? In most areas, just because the lease is up isn't a good enough reason. For instance, your area could require an official notice of non-renewal.
Why are the utilities in your name? Transfer them to her name. Unfortunately, you will probably have to sue her in small claims for the money owed in your name unless it stated in her lease that the utilitiy bill amounts were to be considered "additional rent". In that case, you could file for non-payment of the additional "rent".
Consult a Landlord/Tenant attorney in your area.
Don't do anything stupid like turning the utilities off. It may be against the law, and you could end up paying her damages.
2006-08-02 02:46:17 · answer #3 · answered by BoomChikkaBoom 6 · 0⤊ 0⤋
I would of shut off the electric 30 days after the FIRST time she didn't pay for it... seeing that Niagra Mohawk.. or "National Grid" reports overdue bills to credit agencies.. and there goes YOUR credit.
Go to a lawyer and have him write up an eviction notice. I think someone other than you has to deliver it to her though. It's the 2nd.. get it done as soon as possible and then she will have to be out by Sept 1st... 30 days in NY anyways.
2006-08-02 02:30:52 · answer #4 · answered by punkakski 2 · 0⤊ 0⤋
Give her an eviction notice. Get the ball rolling on eviction immediately, because it could take a while. If she is eating up that much of your money, it could make sense to give her like $100 to leave. It would be a worthwhile investment in the long run, she may leave of her own will.
But eviction could take a while get that going ASAP!
Also, when you give her the notice, keep the ball rolling. Don't accept any excuses. Because if you stop the eviction process, you will just have to start all over again. Talk to a property management firm in your area. One that specializes in residential properties. They do this all the time.
2006-08-02 03:35:25 · answer #5 · answered by Christopher 4 · 0⤊ 0⤋
You file eviction using a "hold over" form. You have to wait until the 16th of August to go file it. Then you have to wait the 7-10 days for the hearing. The judge will then give a vacate date, another 7-10 days. IF they are still there you have to then go to court to file a writ. Electric is another matter. Some states do not allow it. I have done it beofre....
2006-08-02 03:34:03 · answer #6 · answered by educated guess 5 · 0⤊ 0⤋
You can't take the law into your own hands by doing any of the haphazard suggestions you have received like changing the locks, cutting off power etc. Look in yahoo search for eviction laws in your state.
Here's a site where you can get free forms.
http://www.formstool.com/cgi-bin/search/search.pl?Match=1&Realm=All&Terms=eviction
You don't necessesarily have to get an attorney involved as this is a small claims court action.
You can get sued by the tenant if you don't follow the laws.
2006-08-02 02:53:10 · answer #7 · answered by Credit Expert 5 · 0⤊ 0⤋
There are rules about notices that have to be posted first. Consult a lawyer, read up on it. You may have to take them to small claims court. Send them, by certified mail, the amount due and the vacate date. Get started now. or you will be stuck with them until the proper procedures are followed.
2006-08-02 02:35:34 · answer #8 · answered by grudgrime 5 · 0⤊ 0⤋
You might want to consult a lawyer or at least the laws in your state/country as they can vary.
I do know in California it can take up to six months to evict someone from your property.
2006-08-02 02:29:39 · answer #9 · answered by Angyles Cerddoriaeth 3 · 0⤊ 0⤋
call the cops and take her to court.
make sure you collect.
if the court dont make her, buy a ski mask and put your foot in her ***
yes you can shut off the power since it is your own the place and she isn't paying bills
2006-08-02 02:32:48 · answer #10 · answered by moon d 1 · 0⤊ 0⤋