I gave her a letter that says she has until the 19th of march until i will put her out on the street if she doesn't pay.
2007-03-08 15:21:21 · 11 answers · asked by mrgoron1 1 in Business & Finance ➔ Renting & Real Estate
No lease, no paper work, completely under the table.
2007-03-08 15:39:18 · update #1
If she had some things stolen from her room, why do you care?
2007-03-08 15:29:02 · answer #1 · answered by 1,1,2,3,3,4, 5,5,6,6,6, 8,8,8,10 6 · 0⤊ 0⤋
I would think that it all depends on what state you are located in. In New York state renters are required to get renter's insurance if they want to cover their belongings in their apartment in the event of theft. Landloards are not held responsible unless maybe you did not supply locks for the doors (which I doubt is the case) or you had entered the apartment without her consent when she was not home (unless it was an emergency) or did not lock her door when exiting her apartment under these circumstances.
Regardless, even under the above circumstances she can not withhold the entire amount of rent. What was the supposed value of the item that she claims was taken? Just sounds like an excuse not to pay rent. If you have any landlord associations in your area I would call them to seek advice for your area.
At any rate, you do need to follow the laws in regard to eviction and every state has different laws. You need to give her at least 30 days to vacate from the time you physically gave her the eviction notice. Make sure that you have copies of what you gave her and proof that you gave it to her. For example, it's always recommended to send an eviction by registered mail (where she has to sign for it) in addition to the one you may have physically given her. Keep proof of sending it. She may not pick it up but you will have the proof that you sent it. In the meantime, contact your local sheriffs department and ask them if they know the legal steps involved in the process of evicting a tenant. In my area, they are the one's who enforce evictions. Be aware that once march 19th approaches, you can not just remove her items and put them on the street and you can't just go in and change the locks when she's not home, you also can't cut of any utilities as I'm sure that you may already be aware of. Unfortunately you need to go through the eviction process legally...or she can turn around and sue you.
Good luck to you.
2007-03-08 23:47:08 · answer #2 · answered by Mary R 5 · 0⤊ 0⤋
Unless you are responsible for her loss, ie, you didn't provide a working lock or let someone in to her room, she cannot legally withhold rent or deduct the cost of the stolen item from her rent. If you have to evict her, you must go through legal channels. A letter telling her to pay or get out in less than two weeks is not legal on your part.
2007-03-08 23:32:50 · answer #3 · answered by Brian G 6 · 0⤊ 0⤋
You can't just throw her out, you have to start the eviction process. If you try to throw her out she can take you to court and get like 3 times the amount she rented for in damages. Is she Month to Month or on a lease? If month to month you have to give her 30 days notice and then evict her if she doesn't listen, if on a lease (6 month or 1 year) you HAVE to evict her through the courts.
2007-03-08 23:30:10 · answer #4 · answered by ♥ Mary ♥ 4 · 0⤊ 0⤋
The courts generally do not consider the withholding of rent by a tenant to be a proper remedy, regardless of the situation. Giving her a notice of default is the first step. Familiarize yourself with the proper legal procedure to remove her from possession. The court clerk should be able to give you an overview.
Don't jeopardize your position by trying to physically remove her or threatening - you'll only look bad if and when it goes to court. If she fails to pay by the court date, odds are excellent that you and she will be parting company.
2007-03-08 23:32:01 · answer #5 · answered by njc_flhtc 4 · 0⤊ 0⤋
Go to court a soon as possible. This happened to me and I lost $7,000. They lived rent free, they refused to leave. It takes a month or two for court papers to go threw and then we had to wait another 2 weeks for the police to remove them. They got away with out paying
2007-03-08 23:39:52 · answer #6 · answered by Izzy 5 · 0⤊ 0⤋
As a tenant, she is responsible for loss or damage to the apartment and anything therein. Start eviction proceedings immediately if not sooner. You don't want to be her caretaker for the next several months.
2007-03-08 23:29:22 · answer #7 · answered by trentrockport 5 · 0⤊ 0⤋
Evictions must be done legally check and see what the procedure in your area, and make sure you can do what you want to do, especially if she has a lease.
2007-03-08 23:29:27 · answer #8 · answered by justa 7 · 0⤊ 0⤋
If she doesn't pay, give her the boot! It is not your fault she got her stuff stolen. No money=no place to live.
2007-03-09 00:23:45 · answer #9 · answered by Julia B 6 · 0⤊ 0⤋
if she or one her friends stole it then yes she needs to pay or but if you don't have proof then no she doesn't you two need to settle it calmly have the tenant find out who did it for sure cause if you two are friends and the item wasn't worth money don't let it tear up your friendship it is not worth it. it could of been any body
2007-03-08 23:31:14 · answer #10 · answered by dallfaceclarke 1 · 0⤊ 1⤋