can a rent depoist keep you safe from getting kick out?

Question

I rent a room for $300.00 to a lady and her son of 21 years old, deposit was $300.00 , so she paid me olny the deposit and own me rent! I was waiting for the rent but never got it , the 1st came round and no money! now her son was cought by me smoking pot at my house! i want them out how can i kick them out!

Answer 1

If they have not paid rent you need to start eviction proceedings immediately.

LANDLORDING 101- Although you will often be tempted, always require new people to pay the deposit and the first month's rent BEFORE they move in. Six of Seven times if you let them in without having paid both the first month's rent and the deposit before they get in, you will have problems.

You are their landlord. Don't "loan" them rent or the deposit. Let them see their relatives and friends for loans to get their rent and deposit.

If you don;t know how to evict, immediately get a real estate attorney to start proceedings. It will cost you, but you need to get it done now and you don't have time to fiddle around. Once you know how, it is a relatively simple process and you can do it next time. However, if you don't know how, there are mistakes you can make that can cost you hundreds of dollars and months.

By the way, this is a pet peeve of mine for new landlords. You have an investment of many thousands of dollars that you are willingly placing into the physical and legal care of a stranger. You must do your homework on the laws and responsibilities both for you and for your tenants. you also need to know the legalities for your area - such as limitations for accessing the property, how to handle deposits and for what and how you can evict a bad tenant. All landlords should get this basic information before they ever rent the first day to your first tenant.

You do that by going to the book store and getting a good book about landlording. it should tell you how to screen prospective tenants, chose tenants, handle credit and eviction background checks, structure deposits, handle repairs and communications with the tenants, record keeping, tax information, and yes, evictions. Again, it is also a good idea to meet with a local real estate attorney at least once, so they can inform you about local laws you must know, and have one available in case you need one, like now. They can also steer you to a good lease form to use. be careful of the generic lease forms you get online. many of them are so generic that they are useless in some states or cities. The attorney will steer you wise.

So evict immediately, and get educated. protect your investment and get some homework done right away.

Answer 2

If they breach the terms of the lease, you can start proceedings to get them kicked out.

Not paying rent - that is a breach.

Smoking pot, well. Is there a 'no smoking' clause in the lease? Is there a 'no criminal activities' clause in the lease? If not, then it probably isn't actually a breach.

I do hope you have a lease. Without that, you don't have much legal protection. Of course, you could always change the locks and throw their stuff into the street, but they might get upset and I don't know set fire to your cat or something.

First, you should talk to them and determine their attitude. If they actually do pay the rent and don't smoke pot in your house, then will that satisfy you? If they have no intention of doing what you want, then you should contact the relevant authorities in your area (including the police) and decide on the appropriate course of action to evict them.

The rent deposit does not give them protection. Was it actually a deposit, or was it a 'bond' to be held in the event of damage or failure to pay rent or to keep the property clean and so on? In any case, it doesn't change your rights as a landlord.

Answer 3

Check with the local sheriff's office on how to evict. If you don't have a lease, you are only required to give them 30 days notice. Since they didn't pay the rent, evict them immediately. But since the son was breaking the law, there may be another way to get them out quicker. You need to check your local laws. Don't mess around. They're deadbeats and will be hard to get rid of. You should have called the police when you caught him so that there is a police report. Next time you rent to someone, have a good lease that spells out what you will do if they don't and then do it.

Answer 4

Depending on your contract, you can evict them for not paying and use the deposit to cover the lost rent. This has never happened to me, but I had a conversation with an apartment manager in regards to this. Keep in mind, that this is also California law, each state is different.

Answer 5

interior the final 40 years, government suggestions has replaced from something that persons have been very almost embarrassed to settle for to a minimum of something it is seen to be a precise; from a protection internet to entitlement it is surpassed down from era to era. in this era that's getting used via the persons that head our government as a gadget. This gadget is one that strips ones self reliance and provides a central authority relevance and helpful which ability in on a daily basis existence to those that have succumbed to it. The question is, who do you blame? people who purely settle for what's given to them without thinking why, how, or who; or the enablers, whom have confidence that the top constantly justifies the flexibility, and proceed the vicious cycle of unproductivity and government reliance in seek of greater attaining power and larger administration over the plenty that they have got worked so tense to ensnare. no person will ever decrease off the hand that feeds giving the single that feeds all the ability. and that i pass away as much as you to be certain on.