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It is very clear that you need to issue a 3 day pay or quit based on what you said in your second post. Get ready to file an eviction, read up on the law and follow it exactly before you issue the notice.
It is very clear that you need to issue a 3 day pay or quit based on what you said in your second post. Get ready to file an eviction, read up on the law and follow it exactly before you issue the notice.
Since where does a Text Message = a Bill to be paid? How many time have You said Judges don't care about Text Messages EVERYTHING in Writing By snail mail! LOTS Now your saying the OP has a reason to evict?
^^^Any procedural error will reset the clock... this is why it is very important to be precise.
Also be aware that your tenant most likely will be deluged by solicitations offering to fight or stay the proceedings for a fee and a court date is set.
I avoid eviction when possible because is is costly.... 9 times out of 10 I can get a tenant to agree to vacate...
I text nothing... all personal service and US Mail.
Landlording is a business and the court will hold you to a higher standard.
Tenant moved in Mai 2015 and paid rent + Trash/Sewer bills since, but recently they are late paying rent (7 days) for January 2016 and lying about sending checks out on the 31th. Also, they claim given me an over payment that is absolutely not true.
here the correspondence with tenant:
"Me: Just got the check for rent today on 1/8/16. You said rent + utilities were sent out on the 31, but postmark is 06 JAN. Please note it constitutes a violation of the lease that was signed by you and Tobin and a late charge will apply. Also, you've got bills for trash and sewer total $128.41, payment not received yet. 3:51 PM
Tenant 2015: After looking over the records it shows we have paid 675 in sewer/garbage. I spoke to Burrtec and they said sewer is billed every two months at 64 and garbage 5:37 PM
Tenant 2015: is 64.41 every three months. If you do the math we should have only paid a total of 384.82. 5:37 PM
Tenant 2015: If you would like more info on this we can prove the payments. 5:38 PM
Tenant 2015: So currently we have given you an over payment of 291 5:39 PM"
You need to get your ducks in a row and sit down and write out or do a spreadsheet that contains exactly what the bills have been and exactly what they have paid you. Include copies/documentation of what they have paid you and the dates and also copies of every dated bill and what the final balance is. Then send them a certified letter/return receipt required via USPS mail.
You need to stop messing around and cease all of this texting and emailing back and forth. It appears it has done nothing but confuse the whole issue. Of course, make sure to save it all for backup because that is all you have thus far. But to make sure you are dotting all of your 'i's and crossing all of your 't's you need to make sure you have complete and proper accounting documentation in writing and sent via USPS certified mail in case push comes to shove and you need to evict or go to court.
Posting your text messages back and forth here has only proven how ineffective and confusing that process has been and what a mess it has turned into. No one here can sort any of that out for you.
You need to get your ducks in a row and sit down and write out or do a spreadsheet that contains exactly what the bills have been and exactly what they have paid you. Include copies/documentation of what they have paid you and the dates and also copies of every dated bill and what the final balance is. Then send them a certified letter/return receipt required via USPS mail.
You need to stop messing around and cease all of this texting and emailing back and forth. It appears it has done nothing but confuse the whole issue. Of course, make sure to save it all for backup because that is all you have thus far. But to make sure you are dotting all of your 'i's and crossing all of your 't's you need to make sure you have complete and proper accounting documentation in writing and sent via USPS certified mail in case push comes to shove and you need to evict or go to court.
Posting your text messages back and forth here has only proven how ineffective and confusing that process has been and what a mess it has turned into. No one here can sort any of that out for you.
Thank you guys for all inputs.
I need a sample to write the right letter to attach to documents and send them to tenant via USPS certified mail. Who can help with?
Since where does a Text Message = a Bill to be paid? How many time have You said Judges don't care about Text Messages EVERYTHING in Writing By snail mail! LOTS Now your saying the OP has a reason to evict?
Since he said in the OP he has emails... Not sure what you are going on about if you had read the OP, or the post that I had quoted, you would know the OP has said emails of the bills were sent via email.
This is quite simple stuff covered in LL 101. As soon as you are late on rent payment you start an eviction. If they cover in a reasonable time you stop. But you should be almost done with the eviction if they get past a week. Other stuff like trash bills pay and demand from the tenant if that is how the lease reads. In my mind no rational LL has tenants make such payments...you put them in the rent.
But if you want to do it that way you pay it...whether the tenant does or not. And in most jurisdictions you can't evict the tenant over it. Collect from the security deposit at the end if there is enough there.
This is quite simple stuff covered in LL 101. As soon as you are late on rent payment you start an eviction. If they cover in a reasonable time you stop. But you should be almost done with the eviction if they get past a week. Other stuff like trash bills pay and demand from the tenant if that is how the lease reads. In my mind no rational LL has tenants make such payments...you put them in the rent.
But if you want to do it that way you pay it...whether the tenant does or not. And in most jurisdictions you can't evict the tenant over it. Collect from the security deposit at the end if there is enough there.
For the record, utilities can not be deducted from the sec. dep. in CA. That is another reason the OP should be just incorporating any bills that must remain in LL's name into the rent. California Tenants - California Department of Consumer Affairs
And it does appear based on the following link that LLs may be able to evict for unpaid utilities in CA after all other processes are exhausted. But it is based on interpretation and more in-depth research of the state statutes: Can a Landlord Sue for Unpaid Utility Bills? | Home Guides | SF Gate
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