my tennant is in arrears with rent i have sent letters to him but had no response, he is never there when i call round what can i do? his contract is expired but im stuck do i have the right to break in and remove his stuff and change the locks? please help.
2006-12-13 03:32:28 · 10 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
In CA, you must first send a 30 day pay up or quit notice.(always send one to yourself too) Then, if no response you serve eviction notice. (We went thru an eviction agency who handle the legal stuff.) Then a period of time passes before you can touch his stuff. When you do go in (if he has completely vacated the premises) you must itemize the items and put in storage unit. You can sell them after he has a chance to retreive them, but believe it or not, the proceeds go toward HIS bill. Landlords don't seem to have the rights they need in this case. And if the lease has expired, he is on a month to month. That's in your favor. Read your lease or rental agreement over carefully. Sometimes you don't recoup your loss, but every month they live there free, it adds to that loss. Get him out as soon as you can.
2006-12-13 03:58:48 · answer #1 · answered by cronediva 1 · 0⤊ 0⤋
No do not break in.
Now it depends on whether you notified the tenant in the appropriate time frame that you were not renewing the lease and that he should vacate at end of lease. If you did this, you can go start to the county clerks office and get the eviction process going.
If you didn't, when the lease expired it automatically became a month to month lease. Notify the tenant that at the end of month X( which has to be at least 28 days from date of notification) to vacate premise. If he doesn't, then go and start eviction process.
This is the only way for you to get that person out of your home.
PS. As to the person trying to describe the eviction process, they are wrong. Once you get the order from the courts, you have to arraign with one of the county approved movers and guarantee the moving fee. Then you will take the order and letter from moving company and usually some more money to the County sheriff's office. They and only they can evict the tenant and they supervise the moving company in packing up the tenants belongings.
2006-12-13 11:09:25 · answer #2 · answered by AJ 7 · 0⤊ 0⤋
You need to start the legal eviction clock - under no circumstances can you enter the apt/change locks/shut off utilities/etc.......Send a 3 or 5 Notice to Quit or Pay Rent.....mail it, stick it under the door AND tape it to the front Door.....
Each state is a little different....google your state and landlord/tenant laws....once the Notice deadline has passed, ONLY THEN can you request an eviction hearing.....get a court date, pay a process server and mail a copy to the tenant....then you go to court and get an Order of Eviction.....then you call the constable or whoever does evictions and get them out.....
Your Judgment can include all rents/late fees/court costs associated w/ the eviction.....
Then you take the original Judgement to your county recorder's office (make sure the tenant's social security number is on everything) and file it w/ the recorder's office.
I did this (in AZ) all w/out a lawyer and had my tenant out in 19 days start to finish.
2006-12-13 05:22:29 · answer #3 · answered by Paula M 5 · 0⤊ 0⤋
Hell, no, don't even THINK of doing that! You need to evict your tenant through the courts. If you enter and take his things, you WILL be arrested for burglary!
Changing the locks will make it all that much harder for you to get the legal eviction that you migh otherwise be entitled to. That's illegal in all 50 states. The courts frown on that severely.
You obviously need the services of an attorney since you know nothing about landlord-tenant law. Call one today.
2006-12-13 04:19:10 · answer #4 · answered by Bostonian In MO 7 · 0⤊ 0⤋
Check out NOLO books. They have some great information on landlord as well as tenant rights, which are state specific. Otherwise check out Pre Paid Legal which is a minimal monthly fee that you can consult with an attorney regarding your situation. Some states are friendly towards tenants and some towards landlords. There are also "Tenant and Landlord laws" that should be posted in the state website that you own your subject property in.
2006-12-13 03:42:55 · answer #5 · answered by Anonymous · 0⤊ 1⤋
I'm my state you have to allow 30 days eviction notice.
If you have done this then you should be OK to do so.
I would tape an eviction notice to his door (this way if it gets removed you can prove he got the letter) Allow 30 days lock him out.
Check your state laws before you do anything that I said because it can very.
keep copy's of everything you send to him! If you have any conversation with him try to record it....you may need these things if you have to go to court.
2006-12-13 03:43:48 · answer #6 · answered by angelmwilson 5 · 0⤊ 1⤋
No you do not have the right to enter the house without his permission, You would be breaking the law. You have to send him a CCJ so get in touch with your solicitor, He will instruct you.
Whatever you do, Dont break in!
Good luck.
2006-12-13 03:43:23 · answer #7 · answered by Anonymous · 0⤊ 1⤋
Unfortunatly you will have to apply to the court to get him evicted which could be a very long and tiring process.
2006-12-13 03:43:28 · answer #8 · answered by Cherry 3 · 1⤊ 1⤋
sorry but you have to send them an eviction notice if they then dont contact you you need to get a solicitor to start eviction proceedings it will go to court and if they still refuse to go the court will order baliffs to get them out
2006-12-13 03:42:16 · answer #9 · answered by SAMANTHA F 1 · 0⤊ 1⤋
dont know
2006-12-13 03:35:48 · answer #10 · answered by naveedm 2 · 0⤊ 4⤋