Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I rented my house to this family for two years because they were having financial issues and i did them the favor to rent them my home for a low price. Anyways, i sold my other home in which i was living in and rented an apartment to give the tenant 2 months to find a place and move out. My neighbors contacted me 2 weeks ago telling me that they were moving. So i contacted them and we both agreed that she would give me the keys on the first of December because she just wanted to clean up. Now, she refuses to give me the keys back because they still have a box with clothes that they are sending to there birth country on the 15th and if i tried getting close to the house they would call the cops on me. But the house is pretty much abandoned??? They could just take that box to there house, but they said no because it would take to much space so they are using my ENTIRE house until the company comes and picks up that box.I told them that they could place it in a room where only they would have access to, i just wanted to fix some things there before i moved in, and they refused.
There is nothing there anymore, the utilities have been disconnected since the first, and they didn't pay for this month either. I already paid for this month, and installed my utility services thinking that by now, i would be at my house already.
The problem is that i need to relocate as soon as possible or the place I'm currently in will charge me this month, i will have to pay for storage's again, even though my house is already empty.
There was also no lease agreement, or deposit.
What can i do?? Just wait till they feel like moving out? Hopefully they keep there word till the 15 of this month? And pay all these extra things that i really shouldn't even be paying?
Help!!
File 3 day notice to quit for tenant overstaying the lease beyond Nov 30. That was the end date of the lease and also that was the last day for rent to be paid. (You could also file 3 day notice to Pay or Quit for them not paying the rent. But this is not suggested because it assumes they are still within lease period)
The 3 day Quit gives them 3 days to get everything out and give keys aka "Quit". If they don't do this by 3 days, then you file eviction. Let them know you will do this and it will be bad for their record, since it goes on public record.
Even if no lease in writing, you had a lease with them. It defaults to the state default if there is no written lease.
Did you do, in writing, the 30 day notice for them to move out by Nov 30? Because if you don't then they can say they didn't have 30 day notice.
They officially have not handed over the property to you yet. But they are overstaying the lease illegally by staying pass expiration date. Even if there was no expiration date, they didn't pay rent(in this case you would do a 3 day notice to Pay or Quit) . So they could be evicted for non payment of rent also.
You have to take proper action to get them out asap.
Whether or not you do the 3 day quit and then evict, you could sue them for half rent for December. If you do eviction try to get the unpaid rent part of judgement. Else if you simply wait until Dec 15 and IF they move out then, you could still sue in small claims court for all unpaid rent.
This is why you should always have a security deposit. If you had one, part of the damages would be half month rent from Dec 1-15.
Google 3 day notice and also about renter staying beyond lease expiration date. There are certain things that need to go on the notice and specific ways to deliver it. Then the close ticks 3 days. Then the 4th day you go to the courthouse and file eviction.
Last edited by sware2cod; 12-05-2013 at 05:41 PM..
What sware2cod described is the legal method. If you were a professional LL that's what you should do. However, you sound like an accidental LL renting to (illegal?) immigrants without a lease or even a deposit. Do you have it in writing that she said she is leaving on the 1st? If so, great. If not, whatever.
They're moving to a different country, they won't sue you. They can't stop you from coming in the house, either, you own the place. If they were still living there you would have to give notice before coming in, but since they aren't you can go back whenever you feel like it.
If you're feeling nice, hold onto the box of clothes until the moving company or UPS comes to get it. If not, dump it. Either way, move back into your house and change the locks. If they do by some miracle call the police on you, explain you are the LL and they gave notice and moved out. So you are moving back in. They've left nothing in the house. Forget the box of clothes.
There is no reason to accept their attempt to retain possession of the house, when they have left and taken everything with them except one abandoned box.
BTW, I researched this to see what a professional LL is actually required to do when this happens, and although it depends on what state you are in, generally if the items left behind aren't worth much (1 box of clothes wouldn't qualify as being valuable property) the LL can throw it away without repercussions.
...And while I was writing this MrRational managed to summarize my overly-long post in 4 steps.
Most states you only have to give 24 hour notice to enter the property anyway. I think knowing the property was left empty would be a pretty good reason to say you needed to do an inspection. And please say you have a key to your own house and that you didn't give them every copy.
They are "family" that we tried to help out. I mean, we have known them for years and never thought they would ever act this way. They are not immigrants, I just didn't charge them a deposit because they were family and we never made an agreement because i trusted them.
But okay, i have an extra key. I just didn't want to get into any trouble since they told me they would accuse me
of stealing there things. But i mean, it's just old used items that they are sending to there hometown for there family.
If you are already paying the utilities . . . and the house is in your name . . . why aren't you back in your house?
First of all, you said your neighbors called . . . so I am assuming you are not presently living in the same town/state where your house is located. Are you certain (as in, have seen with your own eyes) that they have vacated the property and that it is still habitable? Something sounds so fishy about this . . . I am wondering if they have trashed the place or if they haven't moved but part of their stuff out.
Why would these folks say they would "call the cops on you" when you have done them a huge favor by letting them live in your house? That just makes no sense at all.
You need to get a locksmith in, change the locks and if anyone calls the cops, just have a copy of your utilities agreements and a copy of your tax bill or something to show you are the owner of the house.
I agree with others . . . you have no obligation to keep their box(es) of clothing and whatever else they have left behind. I would probably be a nice person and put their box(es) aside and let them come pick them up, but after being threatened with intervention from police . . . I don't know I would remain so charitable. And if the house is a terrible mess, I might be inclined to just throw their stuff in the dump.
buy some new locks of the same brand (so you know they'll fit)
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
