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Old 03-04-2014, 01:25 PM
 
15 posts, read 18,628 times
Reputation: 13

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So we're new to managing a small 6plex in California and we approved a young couple to move into one of the apartments. I stated that they needed to bring $1300.00 in Monterey order or cashier check. Well they ended up coming with a$300 money order an a personal check for 1,000.00. I stupidly said I'd see if the owner was ok with it. I had it to the owner yesterday and at the bank they said the signature didn't match so it wouldn't cash. We told them last night of the problem and they said they would take care of but i have my doubts. So what i need to know is can i still have them 3 day pay or quit or do i have to wait cause we at least got the 300? If they don't pay in the 3 days can we refuse to accept payment and continue the unlawful detainer process? Or are we stuck cause the rental agreement was signed? Please help.
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Old 03-04-2014, 02:10 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,678,834 times
Reputation: 26727
Presumably you haven't given them the keys yet? If they don't come up with the money as required in the lease then they don't get the keys and they don't sign the lease and they don't move in.

If all parties have signed off on the lease, you've given them the keys and they've moved in - then as property managers you've made a big basic mistake and may well end up having to evict them if they don't come up with the balance due.
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Old 03-04-2014, 03:56 PM
 
Location: Riverside Ca
22,146 posts, read 33,509,477 times
Reputation: 35437
Quote:
Originally Posted by STT Resident View Post
Presumably you haven't given them the keys yet? If they don't come up with the money as required in the lease then they don't get the keys and they don't sign the lease and they don't move in.

If all parties have signed off on the lease, you've given them the keys and they've moved in - then as property managers you've made a big basic mistake and may well end up having to evict them if they don't come up with the balance due.


This^^
STTresident is absolutely right
If you want to be really nasty put the check through. When it bounces it will add check fraud to the charges. If it was mailed. Add mail fraud. Although now you know the check may be forged you probably don't want to do that.

You never ever let someone move in if they do not have ALL the required paperwork filled out and approved and ALL funds in your bank. I would go as far as making it clear your account before move in. No writing checks the first day of move in.
All funds and required paperwork must be completed turned in and finds clear before move in date. I don't care how you want to pay as long as it clears before you move in. I accept cash money order or bank transfer. . I would serve them with a 3 day pay or quit notice to start the eviction ball rolling
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Old 03-04-2014, 09:11 PM
 
Location: Silicon Valley
18,813 posts, read 32,484,481 times
Reputation: 38575
If you don't have ALL the rent, you don't have the rent. You can evict.

And tell me you're not really real. No wait, I bet you are. I bet you were a tenant in the building and the owner offered you a free apartment if you would be the manager and you thought, wow, great deal lol! Been there. You'll learn. Assuming you're for real.

EDIT: Whoa, too weird. I looked at your personal profile and we both live in Redding lol! Get this book. Make your boss pay for it:

http://www.nolo.com/products/the-california-landlords-law-book-lbrt.html?utm_campaign=product-feed&utm_medium=merchant&utm_source=google&utm_con tent=aenphpff_d{device}|pcrid|11143104730|pkw||pmt |

I used it for 8 years, and the forms included. Well written in layman's terms, by lawyers.
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Old 03-05-2014, 04:17 AM
 
15 posts, read 18,628 times
Reputation: 13
Thank you for your replies we truly appreciate the help. Yes I messed up good, fortunately it didn't have a negative outcome, this time. I held onto the check and gave the tenants a copy. I printed a 3 day pay or quit and had it filled out and ready to present (I did look up the requirements so it would be done properly.) They told me they would have a cashiers check or money order by 6:30. I agreed to wait, and at 5:50 they showed with a cashiers check for the full thousand. I gave them the check that would not clear after i had the new cashiers check. I told them for all future payments I can only take money orders and cashiers checks, no exceptions. It worked out somehow this time, for now, but yea, we're learning, and I'll take any advice I can get. NoSnow, you hit the nail almost on the head. We've been tenants here awhile (couple of years) and we're the one of the only ones (besides the 75 year old woman who has been here forever) to not have any issues. We get a portion off the rent monthly and a small bonus when a new tenant is successfully moved in, but we don't get free rent. (And yes I gave the owner the bonus back when there was the issue with the check, I'm not gonna keep a bonus for something I didn't do right). I'm trying to read all I can and learn. We are trying to help around here, the last manager was bad, no receipts, no log for repairs, and half the time he doesn't know where simple paperwork was. We bought a receipt book and started giving those for any money transactions. I gathered what was listed on the net as common forms apartment managers need in CA. I've been reading up on the exact way to properly evict (file unlawful detainer). I keep an accordion folder with all papers related to the property (applications, rental agreements, receipts, repair logs, emergency contacts, 3/30/60 day notices stuff like that). We want to be good managers, we just need to be less trusting and accommodating. For the application we verified employment, called the 3 references on each app, verified the last residences (3 for the Man, 2 for his fiancee cause she was 18 before that), we also did a criminal background (yes, that was paid for online) and I went thru all of shasta counties online court records to see if there were any notices or whatnot filed against them but not brought to judgment. I also checked Megan's Law to be safe, but they are parents and the property is to close to a school for a set offender to live here. We should have done a credit check , but the owner said it wasn't important as rental history and income. I will look into that nolo book as it sounds like a must have for managers/land lords. Were going to be much more careful. As another Redding resident do you have any advice specifically for dealing with things here? I'd love to learn how to do this job right, I'm not asking for any repeats of earlier. Thanks y'all, hopefully this newbie will grow from all this.

Last edited by michelleybelley; 03-05-2014 at 05:00 AM..
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Old 03-05-2014, 04:30 AM
 
27,214 posts, read 46,728,178 times
Reputation: 15667
Quote:
Originally Posted by michelleybelley View Post
So we're new to managing a small 6plex in California and we approved a young couple to move into one of the apartments. I stated that they needed to bring $1300.00 in Monterey order or cashier check. Well they ended up coming with a$300 money order an a personal check for 1,000.00. I stupidly said I'd see if the owner was ok with it. I had it to the owner yesterday and at the bank they said the signature didn't match so it wouldn't cash. We told them last night of the problem and they said they would take care of but i have my doubts. So what i need to know is can i still have them 3 day pay or quit or do i have to wait cause we at least got the 300? If they don't pay in the 3 days can we refuse to accept payment and continue the unlawful detainer process? Or are we stuck cause the rental agreement was signed? Please help.
I'm in shock that you are managing without having the basics knowledge of management...sorry I don't want to sound rude but management is not learning on the job while playing with other peoples investment money. JMO!

You probably are looking to get used sooner then later if you don't know all the laws and basics. Isn't it better to learn by renting out your own investment and learning the hard way with your own money before jeopardizing other peoples money and dealt with tenants and/or owners who have no clue is not always easy.

We deal with many owners who don't agree with how we handle certain things just because they want to cut corners as much as possible but not realizing that what they do is illegal....we tell them and if they still want to proceed than they have to manage it themselves. We work for the owners but not to scam tenants of their rights and neither the other way around.
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Old 03-05-2014, 05:43 AM
 
15 posts, read 18,628 times
Reputation: 13
I am not looking to scam anybody I don't even know what I said that makes you think may be trying to. I'm really sorry if gave that impression. I guess i should step down and tell the owner to deal with it on his own. I just tried to help when he asked for it. We were trying to help clean the property up, help him get his 3 vacancies filled that the last manager didn't care about. We were not trying to scam or hurt anyone. I just want to do what is right and helpful. Guess I'm not good at that. So last question, i just paid my reduced rent for this month, as pointed out we are not suitable so do i have to inform the owner in writing about not managing anymore or is verbal good enough. Once i quit if i hand him the $150.00 he gave me off my rent this month can i just go back to being a tenant like i was? The last thing I want to do is hurt or scam people so yeah.
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Old 03-05-2014, 05:54 AM
 
1,915 posts, read 3,990,470 times
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Only $150.00???? You are definitely the one that is getting scammed.
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Old 03-05-2014, 06:17 AM
 
15 posts, read 18,628 times
Reputation: 13
I know it's not much but i was ok with it, we like where we live here, and when we were asked to help manage we wanted to help, so we said yes. It wasn't about money, we can afford our rent at the normal rate no problem. But yea, it's not really a issue anymore, as soon the owner shows up this morning I'm going to resign.
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Old 03-05-2014, 06:33 AM
 
Location: Riverside Ca
22,146 posts, read 33,509,477 times
Reputation: 35437
The owner hired you. I would ask for him to pay for a property management class to get you up to speed. Or the books needed to manage right. Bentlebee is right that you are fresh and it's a huge gamble but at least you're showing a willingness to learn and better yourself. Some people become managers and think they are god and couldn't manage their way out of a open shoebox. Unfortunately that's where you're at but you don't need to stay there.
Get the books NoSnow recommended and start reading. Hey I had no formal training but I've been doing it for a long time and I'm still learning things. Nobody knows everything. I never used to do background checks. The last 5-6 years ? I've been doing back ground checks. And even then sometimes it's hit and miss. About 6 years ago I started getting a two year turn over.
You will learn. The owner probably knows as much as you do.
Start reading and pick some of these folks brains on policy and procedures
Bentlebee is a pretty smart person. That lady NoSnow or Rabbrita can research their butts off. Use their experience and knowledge to learn.
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