My tenant hasnt paid rent for 5 months even though i have paid management fees to estate agent they have said will need to go to court. My tenant gave me a cheque last week and it bounced as she had closed that account , isnt that fraudulent?? she is not returning phone calls and i called round and her23 yr old daughter who it appears lives there too just keeps saying she isnt in. any ideas how to deal with this???
2006-11-18 22:58:29 · 15 answers · asked by k4zzi 1 in Business & Finance ➔ Renting & Real Estate
What you need to do is go to is send your tenant an eviction notice giving them 7 days to pay or move out. Send this through certified mail. On the 7th day if they haven't paid, go to your city's court house and tell them you need to file for an eviction. It will cost you around $50 plus an extra $20 for the sherifff to deliver the notice to your tenant. They'll give you a court date (usually about 3 weeks from the time you file for the eviction). When you go to court either your tenant won't show up (most likely what will happen) and you'll win automatically, or they will and they won't be able to prove they've paid and you'll win. At this time they'll give the tenant 7 days to move out. If they don't move out in 7 days you can call the sherif and set their belonging out on the curb. The sooner you file for eviction the better. Good Luck!
2006-11-19 02:37:18 · answer #1 · answered by Ryan B 2 · 0⤊ 0⤋
I am not sure which state you are in so I can only speak from the perspective of my state, Georgia. You more than likely are going to have to go to court. First you must send to the tenant late notices for each month they are late spelling out the fees owed. Keep a copy for your records and take to court. Next you must make a formal demand for the property. In writing is best. You or someone else needs to go to the house and either hand deliver it to the tenant only or tack the notice in a sealed, addressed envelope near the door in a conspicuous place. Then mail a copy to the tenant at the property address. If your goal is to get the tenant out of the property do not accept any partial payments. Next go to your county clerk's office and file a Dispossessory action form. You are doing this to protect your property and your rent. A sheriff will deliver a summons within 7 days. The tenant may leave at this time. If not, you need to get a Landlord Tenant attorney and prepare to go to court. This may sound like a lot of work but, you really have no other "legal" options at this point. In the future you must address this type of issue no later than the 6th of any given month. Never wait this long. Remember this is a business!
2006-11-18 23:39:12 · answer #2 · answered by 2themaximus 1 · 0⤊ 0⤋
It should never have gone on so long! Go to court! Yes, the bank will tell you if an account is closed, and that is fraud. Call the cops as every state is different , a fraudulent check is worse than no check in many areas. I don't know if you are in a cold state, in may you can't evict in winter but check it out, sometimes that only applies if they have kids.
You can get a judgment, doubt if they will pay - if her 23 year old daughter is lying to you, this is their way of life, but it will make it harder for them to rent and you may be able to garnish their wages.
Some people just have entitlement issues and are , basically, scum- sorry it happened to you!
2006-11-18 23:14:18 · answer #3 · answered by Down to earth 4 · 0⤊ 0⤋
Its sad but a fact this often happens. As someone else said your letting agent should be on top of this, that's what their management fees are for!
I have personally experienced this problem in the past. Normally they will leave (eventually) but you can apply to a court to get possession of your property under the terms of your contract.
Once they are evicted you have the task of trying to recover unpaid rent,etc. Use the small claims court online service (link below) as the costs are very low, the exact amount depends on how much money is involved but should be no more than £100 to £200 including bailiff appointment.
Going forward I recommend you get some credit referencing done. I have put another link below, this one provides credit checks from as little as £8.95 incluisive.
Good luck
2006-11-21 03:04:21 · answer #4 · answered by Anonymous · 0⤊ 0⤋
In most states if you had gone to court 2 months ago they'd be out already. You can also take them to court for the bounced cheque. By the way, use a lawyer that specializes in tenant law, if you use a lawyer who isn't used to this aspect you will pay money to them to learn the law, and they may not be as effective in representing you.
2006-11-18 23:08:31 · answer #5 · answered by stezus 3 · 0⤊ 0⤋
Assuming you are in the UK, I have put a links in below to the Government website that will give you the information you need.
Be vary careful about accepting the advice you get on here. Getting a tenant out has to be done by the book or you could land yourself in hot water. It CANNOT be done without a court order and there are all sorts of rules relating to getting one of them and how to proceed if you get one.
I am a landlady who MAY have to go down this route which is why I have researched it - keeping my fingers crossed at the moment. Good luck
2006-11-18 23:17:22 · answer #6 · answered by Anonymous · 1⤊ 0⤋
you will have to go to court to have her removed. your agent ought to be doing it for you. it is a long and painful process as there are many laws to protect tenants and not so many to protect landlords.
This may seem unfair in this situation but generally the tenant is the most vunerable.
How do you know she closed the account, that information should not be disclosed to you and if the bank told you they could be in breach of data protection rules.
Get a sloicitor or go to your county court and pick up papers to take her to the small claims court as she definately owes you money.
Pty that your agent is so useless as this is why they get their fee
2006-11-18 23:03:23 · answer #7 · answered by Anonymous · 0⤊ 0⤋
In the state of Washington there is a service called LTS Landlord Tenant Services, you might have one where you live. They kick dead beats out in three weeks hands down, it will cost about $600. Lawyers will drag their feet and charge you many times more. Like $3,000 plus and counting. Have gone the route that the building needs repairs and you feel it's not safe, this is another option. You can give them a deadline as to when the construction crew will be there and they best be out.
2006-11-18 23:08:27 · answer #8 · answered by lonetraveler 5 · 0⤊ 0⤋
If you love in the uk then you can get into a lower court in 60 days and get an eviction order with cost against your tenant. Or just kick them out .... carefully not to much force... I had to do this last year.
2006-11-18 23:30:34 · answer #9 · answered by John K 1 · 0⤊ 0⤋
Five months IS a long time to be delinquent on the rent. Since your tenant is avoiding you,you have no other choice but to go to your local Constable and have him/her serve the tenant with an eviction notice.
2006-11-18 23:06:03 · answer #10 · answered by Anonymous · 0⤊ 0⤋