and everytime i ask for their payment they always have the same excuse.... im stressed abt this, what are the legal actions i need to do? please help.
2007-08-07 23:57:32 · 10 answers · asked by september 1 in Business & Finance ➔ Renting & Real Estate
your already out 9 mos. rent.....go spend $15,
on a book called Tenants Rights, for your state, this will get you back on track.........it covers both sides, in easy/step by step language..............
2007-08-08 03:46:57 · answer #1 · answered by DennistheMenace 7 · 0⤊ 0⤋
Start the eviction process right away. Some people will always come up with some excuse. If you have a mortgage on the property you have to pay the mortgage. I am pro-landlord. I find most people bring their eviction situation on themselves. Some states are pro-tennant and allow a slimy tenant to play tricks to stay in the property rent free, such as citing things broken in the apartment, and the tenant breaks them and blames it on the landlord. I would recommend hiring an attorney, he should be able to do it for a couple grand at most unless it becomes contested. You can try and do it yourself. There are books on the subject and the court clerk will give you some information but they will tell you they can't give legal advice. You also want to be sure you get advice that is specific to your state. In general, you have to give a notice to the tenant to leave send it certified you will need proof. For non-payment in my state it is a 14 day notice. Some people err on the safe side and give a 30 day notice. There are all kinds of little snags and traps that make you start over. If you give a 30 day notice it must before the 1st of the month. For example, if you gave notice on the 15th you can't start the action on the 15th of the following month. You would have to wait until the 1st of the month after that. You cannot take any actions against the tenant until after the notice period is up. Assuming you do the notice properly. You file and complaint and summons and get sheriff/constable to serve. Hopefully, the tenant does not show up and you get a default judgment. After a little time you can give it to a sherriff and they will evict the tenant if they don't leave voluntarily. Worst case secenario they get a legal aid attorney for free and they pull out their assorted bag of tricks. If this happens get your own attorney fast. If they show up without an attorney you will have to present your case to the judge, bring lease, deed, witnesses, correspondence with tenant. Also, watch out for taking money from tenant during this time, if you do be sure you send letter and write on check this is for use and occupancy only and does not establish a lease. They can claim you entered into a new lease with them. Do not be soft if they give you another sob story. Fun, fun, fun stuff. A lot of people see the ads on tv "make millions in real estate" and think it will be easy, buy some rental properties and the checks will just roll in. A lot of landlords throw in the towel after dealing with a few tenants like yours. I had a tenant shoot holes in the celing with a 9mm, and steal the washer & dryer. Some people do make a lot of money renting to tenants. I was happiest when I had a good management company run my property and deal with screeining and any headaches. Finally, my best advice is you make your money when you pick your tenants. Before signing the lease with them, check references, get a credit report, check work history, talk to the last place they lived, check credit and take pictures of property before they move in and get them to sign off on the condition of the property. Good Luck.
2007-08-08 10:37:51 · answer #2 · answered by stephen t 5 · 0⤊ 0⤋
I was going to give you an answer but... well, I can't until tomorrow. Actually, until next month. Well, maybe in 9 months.
Just kidding :-)
The day after rent is due, I contact the tenant and ask if they have overlooked payment. They have a day or two to make the payment and if they don't, I immediately deliver a "3-day notice to pay rent or quit" (California).
It is especially important to do this the first time they are late on a payment so that they know you are fair but firm.
I'll add more to this answer tomorrow, I promise. Well, my car broke down and I have to pay that first, so maybe next week. Oh yeah, my kid is sick and the dog has the flu, so you don't mind waiting till next lifetime, do you friend?
2007-08-11 20:29:51 · answer #3 · answered by Genki 3 · 0⤊ 0⤋
You should have started eviction proceedings when they were about 2 weeks late the first time around. Go to your local courthouse and ask the clerk's office for guidance. Or hire an attorney to handle it for you. Only the courts can order an eviction.
Get moving on this. Your tenant has you figured for a rube and is taking major advantage of you. Once you kick them out, I'd suggest that you hire a property manager to run the place for you. You're too much of a softie to be a successful landlord.
2007-08-08 07:23:34 · answer #4 · answered by Bostonian In MO 7 · 1⤊ 1⤋
Contact the sheriff's office in your county and they should be able to direct you through the proper process. You should probably start eviction processes after the second missed payment as this may take several months after filing against a tenant. Laws vary from state to state, but in my area it took as long as 90 days (last time I had to help deal with it).
2007-08-08 07:10:43 · answer #5 · answered by EvilWoman0913 7 · 0⤊ 0⤋
Why have you waited so long? Sounds to me that they have taken your niceness as weakness.
First you must give them a "Pay or Quit" notice. This notice can be anywhere from a 5day through a 30day pay or quit......it's at your discrepancy.
After that time has elapsed you then must give them a notice of eviction and there are companies that will serve them the eviction or you can have someone else serve them...YOU YOURSELF CAN NOT.....I REPEAT YOU YOURSELF CAN NOT serve them. After they have been served you or an eviction company must then submit the proper paperwork to the court. The courts will then step in.
Good luck.
P.S. Once you've done this.....if you need anymore help....let me know.
2007-08-08 10:15:58 · answer #6 · answered by shanana 1 · 0⤊ 0⤋
You could have started the eviction process several months ago. The laws regarding evictions vary by state.
2007-08-08 07:01:54 · answer #7 · answered by Alison P 3 · 2⤊ 0⤋
You don't need legal advice, you need to get an eviction and get the dead beats out.
Go to the courthouse and file for it. No attorney needed.
2007-08-08 08:03:37 · answer #8 · answered by Expert8675309 7 · 0⤊ 0⤋
You should know what is required in your County to evict someone. Contact the them and find out.
2007-08-08 07:21:48 · answer #9 · answered by Alterfemego 7 · 0⤊ 0⤋
go to your courthouse and file for the amount they owe you. (small claims court).and apply for an eviction order.
2007-08-08 07:08:21 · answer #10 · answered by good_fatrabbit 3 · 2⤊ 0⤋