My tenants have failed to pay the previous two months rent. I've given all the proper notice and made sure to consult with some real estate attorneys, but in PA the eviction takes place in small claims court. I'm just looking for some wisdom for those who have some experience. Maybe an odd document or item they wish they had brought or something to that effect.
Thanks!
2007-10-26 03:01:37 · 12 answers · asked by drf2684 1 in Business & Finance ➔ Renting & Real Estate
Just bring the lease and your payment records, as well as copies of your notices to them.
I would hope that you are not forced to house them on your expense for another 2 months, many people would be in foreclosure not receiving the rent for that long.
Be prepared for their appearance too. They tend to whine and cry about being victims to this and that to justify forcing you to support them. I was amazed the first couple of times I saw teh "oh poor pitifull me" acts.
2007-10-26 03:18:38 · answer #1 · answered by Landlord 7 · 2⤊ 0⤋
Bring with you a copy of the executed lease agreement, any documents on move-in condition, a clear account detailing the charges, and payments that they have incurred/paid. Any pertient info, check numbers dates recieved, any NSF payments, etc should be included on the account detail. Make sure you have copies of everything, all notices, the lease, account detail, etc just in case.
The process may take awhile but now, when there is a situation such as this, they will have to pay rent into an escrow account to the courts during the process if they appeal. This is the one upside to an icky situation.
In the future, include in your lease what the grace period is, if any, and as soon as a tenant is 10 days late with rent, give them notice to quit and begin the eviction process. This way, you are not starting 2 months behind.
Good Luck!
2007-10-26 17:15:55 · answer #2 · answered by K&A 3 · 0⤊ 0⤋
Just bring any and all documents you have for them just in case. You'll need the lease, copies of their ledger and the notices you sent them. You may have to have a seperate damage hearing after they move out, so you probably won't have pictures or anything like that yet.
I've also had to have all of the copies of any work orders or repairs that were completed for the tenant, because they claimed that they didn't pay because we didn't complete them.
Really, anything and everything can happen. Be strong and don't back down! A lot will depend on the judge. We've had judges that were great and gave us the judgement right away and we were done...then we've had others that asked the tenant how much of the balance they could afford to pay and how long they needed to move, and basically letting them stay another two months for like $200.
Good luck! Let us know how it turns out :)
2007-10-26 10:46:48 · answer #3 · answered by Olivia 3 · 0⤊ 0⤋
Good, Classy Granny!
I was an apartment manager here in Florida for a couple of years. Non-payment of rent is the best reason for eviction.
As mentioned before, be sure you have copies of all your documentation. Show where you've given proper notice. I'm surprised you don't HAVE an attorney representing you, hopefully it will be a simple matter for you.
Do have:
A copy or original signed lease
notices you've posted on their door (in FL, we have a "3-day")
If they have paid rent late in the past and you have notified them in WRITING that this is unacceptable, have copies of your letters to them.
If they have paid rent late in the past and you HAVE NOT notified them in writing, don't bring it up. This may appear as though you established an "acceptable pattern" of late payment outside of the lease agreement.
Be respectful of the court, and of your tenants. Show you are the bigger person. If they say incredibly stupid things, don't roll your eyes. (This may sound silly but you don't want to go in there looking like this is a high-school fight).
If you think there is any CHANCE of your tenants bringing up delayed maintenance, be ready for that with whatever you've got. (Invoices for repair work, work-order logs and follow-up times).
When the eviction occurs, here in Florida the local sheriff carries it out. You have a maintenance person (or yourself) change the locks immediately.
Have you been to the property? Is the electric still on? If they've neglected to pay the rent, they may neglect the utilities, even if it is at the last minute...protect your asset. Toss out stuff in the refrigerator and leave the door open. If electric is off, check to be sure that the oven or burners weren't left on. We had a resident booby-trap an oven so that when the electric was switched on, the kitchen ignited!
Sorry to go off on a tangent. I hope all goes VERY SMOOTHLY for you!
2007-10-26 10:20:07 · answer #4 · answered by susiegasser 4 · 0⤊ 1⤋
Hi,
Very important to file for rent escrow into court at the same time you file for eviction. This means they are forced to pay rent in to the court system. Now the court has some skin in the rent collection precess. If they don't pay into court like they are suppose to, the court boots them out. This works so don't pass on this advice.
2007-10-26 14:03:20 · answer #5 · answered by skiingstowe 6 · 0⤊ 0⤋
Just bring your receipt book with you so there is a chronological record of what you write out.
Keep in mind, that most of the time tenants won't show up, so don't be surpised when that happens. About the only time they'll show up is when they have repairs that didn't get fixed.
I had one lady to stop paying rent b/c she didn't understand that changing light bulbs was her responsibility.
2007-10-26 11:10:39 · answer #6 · answered by Expert8675309 7 · 0⤊ 0⤋
Unfortunately, what you may need is a third party person to explain to them that its not worth renting in today's market and that they should consider buying a short sale/foreclosure for dirt cheap. Yes, they may not be able to afford paying rent, but that shouldn't stop them from buying. It didn't stop me when I went through a similar experience, bought and sold and made a nice profit from doing so. Despite the high (12%) interest rate.
2007-10-26 11:17:10 · answer #7 · answered by temescalrealtor 1 · 0⤊ 1⤋
Judge could let them stay until they find suitable housing....my tenents stayed 2 extra months and I had to go back to small claims court to recoup the money they owed me in back rent. I'm still trying to get it.
2007-10-26 10:11:52 · answer #8 · answered by Veritas 7 · 0⤊ 0⤋
Have prove with you that you have not received your rents. A copy of the lease and pictures of any damages if you are planning on keeping any of their deposit.
2007-10-26 10:06:08 · answer #9 · answered by Classy Granny 7 · 1⤊ 0⤋
Just offer to still be friends with them, and if they truly are sorry and have a real real real good reason, let them stay and give them one more chance, but only if they have a good reason, so stay strong you are doing the right thing
2007-10-26 10:04:53 · answer #10 · answered by starletbaby04 2 · 0⤊ 4⤋