I just rented an apartment at my new house. I told the couple that I required a 1 year contract. I heard nothing from them until the day they were going to move in. That same day, I mentioned the contract but both of them were not present so I said i'd go back when they were both there. My husband and I went August 2, and they REFUSE to sign!!! I told them that if they dont sign it, they have to leave at the end of the month. What should I do??
2007-08-03 04:21:46 · 6 answers · asked by Mommy to Joel 2 in Politics & Government ➔ Law & Ethics
You told them up front that a written contract was required for them to rent from you. Since they refused to agree to this, you are well within your rights to evict them, particularly if you require this of all of your tenants. You may have some difficulty getting them out (although, since you own the property and gave them a month's notice, you can throw their stuff to the curb and change the locks), so you may want to contact your lawyer in case things get ugly.
Next time--don't give tenants the keys until they sign.
2007-08-03 04:27:42 · answer #1 · answered by spunk113 7 · 0⤊ 2⤋
I would talk to the city or county Prosecutor's Office to make sure I followed the correct procedure.
Don't know where you are located but best you know that the eviction process is different in different parts of the country.
Sounds like this is your first tenant. You should have made yourself familiar with this procedure before you became a landlord. Collecting the rent check each month can be fun but you are being introduced to the bad side of renters early on.
You may end up having to have the evicting noticed served by a Process Server. All of this is going to cost you much time and some money.
In the future have them fill out an application and supply you with references. Check them out first. Never let a renter move in until you have the signed lease in your hand with the first and last months rent money. And if you require a security deposit make sure you have that in full also.
There are some renters that you just have to have a mean dog attitude with. Sounds like you've got some.
2007-08-03 04:50:34 · answer #2 · answered by From Yours Trully 4 · 0⤊ 0⤋
You should not have let them move in with out signing the contract. If they refuse to sign you can give them written notice that you are terminating their tenancy. You are required to give 20 - 30 days notice depending on what state the rental is located.
Since you gave them the keys and let them move in the trespassing approach will not work By allowing them in you allowed them to establish tenancy.
2007-08-03 04:30:13 · answer #3 · answered by davidmi711 7 · 0⤊ 0⤋
You were scammed. They will never pay you a dime. Contact a local attorney on Monday morning and start the eviction procedures in your state. Never give a key again until they sign a contract, pay a damage deposit, and until you learn the laws of your state regarding renting.
2007-08-03 15:23:45 · answer #4 · answered by mcmufin 6 · 0⤊ 0⤋
The longer you let them occupy the property the more likely you are to have to evict. Get them out now!!! You are only substantiating their "right" to be there by allowing them to stay. Post a note stating that they are illegally trespassing and must vacate the property within 48 hours. If you are really nervous - have them served through the sheriff's department or through your attorney's office.
2007-08-03 04:28:30 · answer #5 · answered by CHARITY G 7 · 1⤊ 0⤋
the contract should have been signed before they moved in.you can't change the rules after the fact and i don't think it's legal to evict them for that reason.it sound's like they know the law better than you i would get legal help. good luck.
2007-08-03 04:27:12 · answer #6 · answered by niki 5 · 0⤊ 1⤋