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got the writ of possession today but then the clerk told me they filed Defendant's Ex Parte Motion. so i cant server them the writ of possession yet. gotta wait and go court on Tuesday again.
1) they said that the refrigerator was not working and was for 20 days without refrigerator. I did hired a sear technician to repaired twice. then end up bought a brand new refrigerator for them.
2) they said they did deposit a partial amount in to my bank account. ( after eviction already filed and delivered. ) 4 days before the court day.
3) they asking to pay bi-weekly
4) they want to stay at the property.
what should i do from here? what should i prepare for court day?
How much rent PLUS the deposit will they owe on Tuesday? If they paid that in cash before Tuesday I would be open to further negotiation. I would not agree to a rent agreement less than month to month.
Let the Judge get upset with them. Seems like the refrigerator is what they are hanging their hat on. Bring all documentation on communication about it and a time line of your actions and info from repairman. Was the check NSF? Did it bounce before there was a refrigerator problem?
Was there communication from them when they got the 5 day notice?
The judge will see through their tactics if they are only trying to delay.
until tuesday they are owe total:
- january rent $2500. + $125 late fee + electric city $144 = $2668
- they deposit into my account $2100 before court day, so total owed $568
- on tuesday 2/16/16 court day feb rent due $2500. so total they owed will go up to around $3068.
i still hold $2,500 on security deposit ( partial of cashier check and personal check, personal check was bound when i deposit. then they pay some cash to cover the check after it bound ).
the check was bound before the refig problem. what is NSF? there was no communication when they got the 5days notice. until i filed eviction and delivered the eviction paper. they send text msg to my phone 4 days before the court day and said they deposit money into my bank account.
saturday 2/6/16 send text msg
tenant: we deposit money into your account $2100
me: thats is not the right amount. you still owe rent plus late fee and electric
tenant: i know we try on Monday
so i wait to see if they pay the full amount but nothing happen. monday i went to court.
i do have reciept from sear repair that the techician did came twice to fix the refig and bought a new refig for them on the next day when the repair man said cost to be fix around $1000 on 2nd attemp.
Last edited by ufairy808; 02-13-2016 at 10:16 AM..
NSF Non Sufficient Funds. It's against the law to write a check when you know it is not good. Had the refrigerator been a problem and they stopped payment on the check it is not the same.
I'm confused by your accounting.
First security deposit. Did you cash the cashiers check? If not how do you know it is still good? Did they make up the total amount of the bounced check? What is the TOTAL cash that you have as security? If it's close to $2500 you are sitting pretty good.
Second, as I understand they made NO rent payment until 2/6/2016 of $2100 and $2500 is due 2/16/2016 for the following month.
So if the Judge tells them to leave on the 16th you still have almost $2500 to cover the shortage of Jan rent, court costs, etc. Why are you paying electricity?
I would make sure the Judge knows the rent is due that day. He/she will probably ask them if they have money for rent.
If they paid two weeks of Feb. and you have your writ and they weren't complete jerks I'd take the money with their agreement to move then. That gives you a little notice to start marketing the property. Any long term arrangement with these people will be a losing proposition. They need to move on.
I would focus on the rent and security deposit as a total and keep the extras, late charges, electricity, court costs as a separate accounting but with a grand total for both.
NSF Non Sufficient Funds. It's against the law to write a check when you know it is not good. Had the refrigerator been a problem and they stopped payment on the check it is not the same.
I'm confused by your accounting.
First security deposit. Did you cash the cashiers check? If not how do you know it is still good? Did they make up the total amount of the bounced check? What is the TOTAL cash that you have as security? If it's close to $2500 you are sitting pretty good.
Second, as I understand they made NO rent payment until 2/6/2016 of $2100 and $2500 is due 2/16/2016 for the following month.
So if the Judge tells them to leave on the 16th you still have almost $2500 to cover the shortage of Jan rent, court costs, etc. Why are you paying electricity?
I would make sure the Judge knows the rent is due that day. He/she will probably ask them if they have money for rent.
If they paid two weeks of Feb. and you have your writ and they weren't complete jerks I'd take the money with their agreement to move then. That gives you a little notice to start marketing the property. Any long term arrangement with these people will be a losing proposition. They need to move on.
I would focus on the rent and security deposit as a total and keep the extras, late charges, electricity, court costs as a separate accounting but with a grand total for both.
the security deposit is cashier check and a personal check. ($750). after i deposited into my account then later i got a mail said the personal check was " not sufficient funds ". i told them about it then they gave me cash for the remaining of security deposit.
the reason im paying the electric bill because it a single home family with 2 levels unit running by 1 meter ( heco. but we also install the sub meter for the lower unit. so the bill only go to me only. every month i have to calculate how much kwh they use per month from the sub meter x by $0.32 ( heco rate per kwh ).
yes i really dont want them to stay any longer in the unit. i feel that they are not going to pay me electric city because they said they dont got electric bill from heco. ( i was on this part )
they are really a complete jerk. when they first move in about electricity they said no problem and when the refrigerator broken they said no worry take time to fix. now they turn around and lie about everything.
about the rent amount they owe you are correct. their 1st deposit if $2100 after a month and 6 days living the the property. Im sure will let the judge know about the feb rent is also due and late.
Last edited by ufairy808; 02-14-2016 at 12:14 AM..
when to court again today. judge sent us to mediation center and end up with gaving them 2 weeks to move out on feb 29. i have my writ on the march 1 . also going court again on march 21th for all back rent and dmg ( if any ).
Last edited by ufairy808; 02-16-2016 at 01:16 PM..
when to court again today. judge sent us to mediation center and end up with gaving them 2 weeks to move out on feb 29. i have my writ on the march 1 . also going court again on march 21th for all back rent and dmg ( if any ).
Theyre moving out today in the morning but there are still some stuffs left behind ( chair, table, clothes ). So after midnight i can change the lock and throw away whatever they left behind? start cleaning up?
Theyre moving out today in the morning but there are still some stuffs left behind ( chair, table, clothes ). So after midnight i can change the lock and throw away whatever they left behind? start cleaning up?
You can change the locks and start cleaning up, but you can't simply throw away whatever they left behind (unless it has absolutely "no value" whatsoever). Store the stuff, send them a notice of your intent to sell or donate it, wait 15 days, and donate the stuff to a charity. Here's the relevant section of the law:
Haw. Rev. Stat. § 521-56 - Disposition of tenant's abandoned possessions
(a) When the tenant, within the meaning of section 521-70(d) or section 521-44(d), has wrongfully quit the premises, or when the tenant has quit the premises pursuant to a notice to quit or upon the natural expiration of the term, and has abandoned personalty which the landlord, in good faith, determines to be of value, in or around the premises, the landlord may sell such personalty, in a commercially reasonable manner, store such personalty at the tenant's expense, or donate such personalty to a charitable organization. Before selling or donating such personalty, the landlord shall make reasonable efforts to apprise the tenant of the identity and location of, and the landlord's intent to sell or donate such personalty by mailing notice to the tenant's forwarding address, or to an address designated by the tenant for the purpose of notification or if neither of these is available, to the tenant's previous known address. Following such notice, the landlord may sell the personalty after advertising the sale in a daily paper of general circulation within the circuit in which the premises is located for at least three consecutive days, or the landlord may donate the personalty to a charitable organization; provided that such sale or donation shall not take place until fifteen days after notice is mailed, after which the tenant is deemed to have received notice.
(b) The proceeds of the sale of personalty under subsection (a) shall, after deduction of accrued rent and costs of storage and sale, including the cost of advertising, be held in trust for the tenant for thirty days, after which time the proceeds shall be forfeited to the landlord.
(c) When the tenant has quit the premises any personalty in or around the premises left unsold after conformance to subsection (a) or otherwise left abandoned by the tenant and determined by the landlord to be of no value may be disposed of at the landlord's discretion without liability to the landlord. [L 1974, c 180, §6; am L 1981, c 154, §1]
they came back last night and do some cleaning ( still dirty as hell ). they left some of their properties in front of the house hopefully they pick up soon. i did change the lock this morning and taking picture of everything for March 21 court day. oh well major cleaning start tomorrow.
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