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I have a tenent who notified yesterday that they will be moving out the 31st of january. He stated he going to live out her security deposit for this months rent. He previously had a year lease which expired in August 08. We have let him stay on a month to month basis. There is some money owed for bounced checks and some damage that is visable outside the property. Inside is unknown. As well as damaging maintance equipment. When I told him that he could not use the security deposit because the property has not yet been inspected for damages he said I am not paying this months rent and you will have to evict me. What are my options? This tenent has been nothing but problems and harrass the tenets that live in the on the premisis. Is a 3 day eviction my only option? Or can I evict based on breaking the conditions of the lease due to destruction, I have so many reasons that could be the cause of eviction including illegal drugs. I am trying to find the quickest way possible. Please help!
I have a tenent who notified yesterday that they will be moving out the 31st of january. He stated he going to live out her security deposit for this months rent. He previously had a year lease which expired in August 08. We have let him stay on a month to month basis. There is some money owed for bounced checks and some damage that is visable outside the property. Inside is unknown. As well as damaging maintance equipment. When I told him that he could not use the security deposit because the property has not yet been inspected for damages he said I am not paying this months rent and you will have to evict me. What are my options? This tenent has been nothing but problems and harrass the tenets that live in the on the premisis. Is a 3 day eviction my only option? Or can I evict based on breaking the conditions of the lease due to destruction, I have so many reasons that could be the cause of eviction including illegal drugs. I am trying to find the quickest way possible. Please help!
I have a similar issue but the difference is that my tenant had a no refundable sec. deposit which he now used to pay last months rent. He moved overnight on Dec. 31 while his lease will end Jan. 31 same as yours. We did a check on Satrurday since you are allowed as a Landlord to enter the premisses to inspect. He told me and also I have written proof he would pay last months rent yesterday on Jan. 1 at 4pm when I had to go and pick it up...but I found that he and his family of 5 had vanished!
Maybe a sixth sense but I just had bought new locks in the morning and we put them on right away since he had left the keys. We have some damage but not too bad...no cleaning what so ever, he changed the toilet seat to a softer version (weird one and we have to change that) and left a hole in the wall since they must have slammed the door so hard that the door knob made a round hole in the wall. The kitchen vinyl had a square cut out but it was clued back in (weird)...no last months rent and I will be in court, but I don't have a forwarding address and mailing a letter to my own property while he isn't there makes no sense, but maybe I have to. So I don't have to evict, he left and maybe I'm lucky he left. He didn't change the utilities or had them cut off so he can still pay for them. The police was notified and I called them a couple of times to get advise what I could do and what not.
These tenants makes us Landlords even more critical to get new tennats and they will pay the price when renting gets harder for certain people.
I had 2 bounced checks and didn't charge him what I should have, and he always paid late and lied, but I didn't expect anything else, after we learned more about them. Luckily no drugs, but child protective services visited him this week and I guess that scared the hell out of him and that might be the reason for leaving as well as not paying. Well I'm going to try to get a lien or what ever you call it for the damages, late fees, court fees and try to collect it through his VA checks and his wages and his wife checks....
No more positive feedback to new Landlord about them...so good luck to these losers! They might have thought they had me but I'm still smiling and how far will his carwreck drive him...it was already broken....
Try a visit to an attourney who deals with real estate issues and renting. About 200 bucks will get you a nice official looking "threat letter" explaining how you will collect on the rent he refused to pay and that you will refund his deposit according to proper deductions. The attourney will also be able to advise you on how to proceed should the "threat letter" not scare him into paying his last month's rent.
Or you can look up the laws and write the letter yourself to save cash. However, if it's from a lawyer, it tends to carry more weight.
Eventually, if he doesn't pay, you can refer him to a collection agency for a % of what he owes. That will wreck his credit and make it hard for him to find rentals in the future if he doesn't pay up. You won't see much of the money, though, and you'll need to have good paperwork to prove you've acted on the up-and-up.
We have attorney on retainer so whatever we need we can get. Trying to avoid that route and plus due to the holidays I believe hes out of town. Thanks for your help!
IF only I lived in Texas, if a tennant decides not to pay the last months rent and uses the excuse to use the security deposit for the last month. You have the right to obtain tripple the amount of rent for the last month when you go to court.
I believe in florida you can double the rent if they threaten to not pay. I would have to look that law back up.
The fact is the Tenant is delinquent and if you wait 30 days, there is a good chance you will incur additional loss.
The Tenant may not move and then you will have to evict.
The Tenant may move leaving the unit damage and you won't have the Security Deposit to work with.
Have I let Tenants use Security for last months rent... sure I have. But, only in situations where there was true hardship and the tenant helped by showing the unit and was cooperative.
I never thought about that, we have had so many problems they got a final warning a little while back and they know the next step was eviction anyways.. I dont see how they can afford to move to a bigger place when rent was always an issue. You could possible be right.
I think the best thing to do is to go ahead with an eviction. I know there is damage thats why this is not fair on there part to just not pay and leave. But hey who wants to pay for damages they caused?? lol its not their property right??!
You basically have two options: file for eviction now or sue for any damages later. The advantage to the eviction is that you have more control over the tenant right now. Filing for eviction is easy: find the district court for the neighborhood, call to get the fees and form of payment, fill out the form and pay. The court takes it from there. There's a good chance that the renter will get nervous when served and pay the rent. Then you can deduct the court fees from the security deposit.
non refundable sec deposit sounds nice i dont think thats legal here in florida.
Yes it is legal in a lease purchase. The tenant wanted a lease purchase...I don't know why ...(my asking price was really high since I don't have to sell and I even explained it to them, but they told me they rather had a lease purchase because they could work on their credit and if after 1 year the market wasn't looking better they could extend it).
I will go to court on Monday and see how we can go from there...It might be harder since he vanished in thin air....sad for her parents who live close by and saw their grand children on a daily base....I guess they went far away.
In todays mail that came for them were only letters from collecting agencies so I guess there won't b much for me to be able to get back....He worked 15 hours, studied and had a pay check from the VA.....
The guy had it really going for him...30 yrs old and his oldest son is 15...wow, a real smart guy and a great example for his kids ( he has 3 kids)....leave in the middle of the night and used his son to lie and even admitted everything in emails. It is almost to hard for us to believe so stupid....I understand if people say this can't be true, since I would have a hard time believing if some one would tell me....but we have emails, tape and pictures and it is sad that there are so many losers on this earth...what a waste! Can you believe that people raise kids who become the same loser or worse....OMG!
Does any one know how to go forward if you don't have any address where the tenant went....I do have his and his wife's SSN and drivers license #....?
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