I own a 3 stall garage and I rent the spaces for $20 a month each.I have one renter who never pays on time.At one point he owed me for 6 mos.rent.I billed him via certified mail and I have requested that he please pay his monthly rent on time (3 times over the past 3 years).I am sick of chasing him for my money.He is currently behind 3 months on rent.(January,February,March).On the 15th of March I sent him a notice via certified mail that I would no longer be able to rent the garage space to him and requested that he vacate the space by April 15th.I also stated that if his property was not removed by 4-15-07 that the items would be considered abandoned and will be towed/removed.He sent a letter to me stating "GO AHEAD ******,JUST TRY IT,I'LL GET A LAWYER AND SUE YOUR ***".Questions:Is my notice legal?is 30 days enough eviction notice for a garage?If he doesn't remove his stuff,can I legally dispose of it?Can he succesfully fight this eviction?What else should I do,if anything? Thanks!
2007-03-21 10:45:20 · 6 answers · asked by ? 5 in Business & Finance ➔ Renting & Real Estate
Since it isn't a living space, you have a lot more rights.
If you have given him 30 day notice and inform him of the consequences you will most likely be covered by local laws.
Make sure to keep all of your correspondence with him.
2007-03-22 09:09:45 · answer #1 · answered by Santa Barbara 7 · 1⤊ 0⤋
It is YOUR space that you are renting to him. 30 days notice is plenty of time, especially in the case of a garage. Your renting fees are more than fair, and in the court of law you would definatly have the upper hand. The tenant would clearly be seen as an unreliable payer, or a bum if you will. Do not fear him and his "lawyer", he probably can't even afford one. And if you've given him notice of personal belonging removal, it should be legal. If you wanted to, you could even go after him with a lawyer for the money he owes you, but at $20/mo. it may not be worth it.
2007-03-29 15:40:14 · answer #2 · answered by Missy 1 · 0⤊ 0⤋
Check the terms in your local area, here it is 45 days, but this varies by jurisdiction. Keep the letter in case you do end up in court to attest to the defendant's state of mind. Also, bring his payment history in case he does sue. Sounds like he will either way.
If you have met the terms of an eviction detainer (some areas require a notice in the local newspaper), you are within your rights to legally dispose of his stuff. But if you liquidate it, you may be required to refund some of his money if it goes above what he owes you. Again, check your local statutes.
2007-03-25 22:20:55 · answer #3 · answered by godged 7 · 2⤊ 0⤋
I would retain an attorney since he is not being cooperative. You have done everything correct. you hav a lease agreement I assume signed by all parties? If he has breached that lease then you can evict him legally. starting with a certified letter then giving 30 days notice. then remove the items to the curb for trash. consult with attorney to be safe
2007-03-29 17:26:36 · answer #4 · answered by crazymama 2 · 0⤊ 0⤋
What did your contract entail? We are a collection agency who can collect on back rent it just depends on what the contract says and on a personal note if you have ever watched court tv shows in some cases it is unlawful to remove property. On the otherhand people make millins by buying the property someone "abandoned" in storage facilities and putting it on Ebay.
2007-03-28 11:55:46 · answer #5 · answered by meagan c 2 · 0⤊ 0⤋
Depending on your state, if you din't have him sign a lease when he moved in, or renewed his contract with you about the space, I'd say that It wouldn't hold up in court on either end of the complaint.
However if you live in the WPB area, I would love to take over his rental fees, lol. Cause I need a place to live.........My lease is up in May. Good Luck with the situation
2007-03-28 00:31:01 · answer #6 · answered by RitaL32 1 · 0⤊ 0⤋