I HAVE A TENANT THAT HAS NOT RENEWED THERE LEASE AND WAS TO BE MOVING AND HAS NOT MOVED OR PAID RENT ON MONTH TO MONTH BASES. TENANT CHOOSE NOT TO RENEW LEASE , BUT ALL BELONGINGS ARE STILL IN UNIT. THERE IS NO LEASE IT HAS EXPIRED.... I HAVE A BUYER IN PLACE THAT IS PAYING CASH ON READY TO MOVE WITH IN DAYS. I HAVE WAITED ON THESE GUYS PATIENTLY FOR OVER 90 DAYS. WHAT DO I DO....
2007-01-12 12:40:50 · 10 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
Remove all of the items left by the previous tenant. Change the locks. Let the new tenant move in. If you have a forwarding address for the previous tenant, send them a written notice advising them that you have moved out their possessions and will keep the items and sell them to pay for the past due rents or just throw the items out. If you have no contact information for the previous tenant, it is not your responsibility. Sell the items or throw them out at your discretion. You do not have to negotiate with the previous tenants. Stand firm.
2007-01-12 12:51:52 · answer #1 · answered by Venice Girl 6 · 0⤊ 2⤋
I don't know how it works in other states, but in California you have two options:
1. start an eviction process - Use this if you're not sure if the tenant lives there or not or even comes and goes.
2. Start the abandonment procedure by using a "Notice of Belief of Abandonment" - Use this path if you know that the property has been abandoned. It will take 29 days and after the 29 days, you can toss out their stuff because the 29 days of notice, plus the 90 days you waited is considered "reasonable time" given to the tenant to pick up his stuff.
Next time start eviction proceedings the day after rent was due. Also, if you use any illegal self eviction methods as advised above, you will have stiff penalties and issues. Good luck.
Regards
2007-01-12 19:33:06 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Check with lawyer first since the law varies.
If the tenant has moved out,but not removed personal property-after 30 days it is considered abandoned and becomes yours if you have made an attempt to get the owner to remove the items.
If the lease has expired,you can sue the tenant for back rent from the time the lease expired.
You will need to modify your lease terms to cover this problem in the future.
If the tenant still resides at the rental property,you will need to start eviction proceedings.
2007-01-12 12:53:53 · answer #3 · answered by Ralph T 7 · 0⤊ 0⤋
TWO OPTIONS.
1. Not legal, but quickest. Haul tenant's belongings to the dump.
2. Legal, but time consuming (up to 60 days based on location) and you may lose buyer during this period: Evict tenant
My guess, after 90 days, the tenant has already skipped out because they were expecting the eviction notice anyway.
2007-01-12 13:51:09 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Give a letter of notice of confiscation of the goods by a certain date followed by a duration at which the goods will be kept to be auctioned if there is no payment.Indicate also the penalty of the intrest rates for storage and delayed payments.The buyer paying cash should be convinced to leave a deposit for the house upon the latter breaching the contract he /she assumes being the new custodian of the house as per the agreement between the agent and tenant.
2007-01-12 12:55:58 · answer #5 · answered by AMOS N 1 · 0⤊ 0⤋
Some of the advice here is illegal. You can't just toss their stuff out. You need to legally evict them. If you have never done an eviction I would recommend an agency, they charge about 600. If you don't do it right they could be there for a very long time.
CA would have you in jail if you followed some of the advice here, I don't know how other states are on "renters rights", but I doubt they would take kindly to you booting someone illegally in the middle of winter.
You should have started 90 days ago. File Tuesday.
2007-01-12 15:39:36 · answer #6 · answered by Landlord 7 · 1⤊ 0⤋
If there is no lease then they are tenant at will or month to month. All you have to give is a 30 day written notice. You may want to check with your states laws.
2007-01-12 13:08:13 · answer #7 · answered by NH Realtor 2 · 0⤊ 0⤋
what you have with this tenant is a month to month rental. and
as long as there are belongings in the unit, the unit is occupied
and rent is due.....have you tried to send them a registered letter
informing them of lack of payment for 90 days and giving them
2 weeks to pick up their items or you will get rid of them......
the apartment is abandoned so feel free to to what you want with
it...as a matter of fact why don't you print this page out and take it
to small claims court when needed/ good luck
2007-01-12 12:54:38 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Contact an attorney because you did not follow the normal process when someone has not paid their rent. If might take you another sixty days to get them out.
Why have you waited so long before you are willing to do something about the situation?
2007-01-12 12:54:01 · answer #9 · answered by D S 4 · 0⤊ 0⤋
You need to evict them.
2007-01-12 13:24:31 · answer #10 · answered by ramman 4 · 0⤊ 0⤋