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You may remember me from the "unlawful entry" because of 13 year old. Need new advice. The "no permission" to enter from the mom continues due to "the minor" there alone while she is in CA (she says). State child protection says this would be cause to open a case - didn't file complaint (yet) because of the whole sticky situation AND I'm not sure she's telling the truth anyway.
Other new developments include her removing our for sale/rent sign, refusing to allow showing of unit, ripped sink head off (we are required to repair due to health code) but she refuses to pay for it. Basically she said "What are you going to do about it?"
She paid her rent just prior to filing and we had to take it. Talked to attorney who said it would be near impossible to get her out for nuisance and we'd be wasting our money. Attorney also said we can't evict her for unpaid amounts for damage or repair - only rent. (Are you kidding?!)
Her credit shows 2 recent civil judgments and 0 in any bank account.
Now what? Apparently because a few are bad, landlords have been stripped of reasonable rights. Any new advice?!
Boy I want to know what state you are in cause some of this I am reading is unreal . I cannot believe that you cannot evict her because she is destroying your property . I have never in my life damaged someone elses property and to think that other people do this stuff like clockwork is beyond me . My god I would be so ready to get her out of my place if I were you . I am glad you went to see an attorney and sought out about your rights sounds like she has more than you. I sure would not be renting in the state you are in . gosh I wish you luck .
If she shows a pattern of destruction to the property, then yes, you could evict her for that. But a judge isn't going to grant an eviction over 1 broken sink head. As far as the damages, your attorney is right. You can't evict for unpaid damages, only non-payment of items addressed in the lease like rent, deposits and utilities. You also can't refuse her rent. You can, however, keep a running tab of these items and deduct them from her deposit or bill her for them when she moves out.
I'd just watch her like a hawk and find whatever grounds for eviction that you can find. Just be sure to document everything!
At this point I would notify the state re: her leaving the teen alone when she is out of state. I consider this a last resort, but she is playing the game, you should begin to play by her rules, IMO.
This is in Utah. Yes, I'm dying to get her out but apparently can't do anything. Damages are already more than deposit -- (last time we give a tenant any kind of decent deposit amount I guess). From her judgments and collections, it's obvious we'll never see a penny.
I mentioned it in the other post, but son has also vandalized neighbor's door and police came out. Oh, and there's the unauthorized tenant (brother) whom everyone knows about but they continue to lie about. Still "not enough" apparently.
Since she keeps saying she's just going to run off (and not pay), attorney says just let her -- of course that would be whenever SHE chooses and will obviously be without paying and with whatever damages she chooses to leave behind. And, can't get new tenant going because I have no idea what will happen, when, or how long it will take to clean up the damage. Oh, the injustice of justice -- sometimes. Sigh.
OMG I am in the same situation as you. My mother owns a rent controlled building in Los Angeles, CA and the rules are outrageous. I am called putta (Spanish for horror or female dog), horror, 25cent horror, b"*tch, etc. Yelled at constantly from these one tenants. Cannot do anything. I have another tenant who smokes weed all day and night and sells it. Has fights. Fights with other tenants and tries to get physical with them. Has gang looking thugs come over, etc. and there is nothing to do also. It seems they only allow non-payment of rent. They seem to be able to break everything else on the lease except for payment. What is the point of a lease or trying to maintain my building when my hands are tied behind my back?
I know in some leases that whatever someone breaks you can take it out of their deposit and in the lease it states that they must keep deposit at initial amount or eviction. I know that is what some of my leases say but I do not know if it will evict someone.
What I am learning here in California is that I as the landlord must keep my units in a habitable condition, pay high property taxes, pay taxes, maintenance, water, etc. but it is okay for my tenants to damage, disrespect, threaten me, threaten my workers, threaten my other tenants, etc. and have no consequences.
People usually operate on reward and punishment. There is no punishment for these people. How are we landlords suppose to maintain a clean, healthy, safe complex when we have no means to enforce these rules, laws?
Yes I feel like you with my hands tied behind my back.
You may remember me from the "unlawful entry" because of 13 year old. Need new advice. The "no permission" to enter from the mom continues due to "the minor" there alone while she is in CA (she says). State child protection says this would be cause to open a case - didn't file complaint (yet) because of the whole sticky situation AND I'm not sure she's telling the truth anyway.
Other new developments include her removing our for sale/rent sign, refusing to allow showing of unit, ripped sink head off (we are required to repair due to health code) but she refuses to pay for it. Basically she said "What are you going to do about it?"
She paid her rent just prior to filing and we had to take it. Talked to attorney who said it would be near impossible to get her out for nuisance and we'd be wasting our money. Attorney also said we can't evict her for unpaid amounts for damage or repair - only rent. (Are you kidding?!)
Her credit shows 2 recent civil judgments and 0 in any bank account.
Now what? Apparently because a few are bad, landlords have been stripped of reasonable rights. Any new advice?!
You have to step back from it.
Your legal advice is right on. Hope they do not pay then adhere to your 72 hour notice. I think you are on the verge of harassing this tenant. Now do not freak out, I am simply telling you what a judge might see. Back off and let it ride for a while. If you are getting your rent then ease off. If they are late get on it. You can only deal with the property damage after YOU are awarded possession of the property. I know you are frustrated. You have to be smart. Good luck.
OMG I am in the same situation as you. My mother owns a rent controlled building in Los Angeles, CA and the rules are outrageous. I am called putta (Spanish for horror or female dog), horror, 25cent horror, b"*tch, etc. Yelled at constantly from these one tenants. Cannot do anything. I have another tenant who smokes weed all day and night and sells it. Has fights. Fights with other tenants and tries to get physical with them. Has gang looking thugs come over, etc. and there is nothing to do also. It seems they only allow non-payment of rent. They seem to be able to break everything else on the lease except for payment. What is the point of a lease or trying to maintain my building when my hands are tied behind my back?
I know in some leases that whatever someone breaks you can take it out of their deposit and in the lease it states that they must keep deposit at initial amount or eviction. I know that is what some of my leases say but I do not know if it will evict someone.
What I am learning here in California is that I as the landlord must keep my units in a habitable condition, pay high property taxes, pay taxes, maintenance, water, etc. but it is okay for my tenants to damage, disrespect, threaten me, threaten my workers, threaten my other tenants, etc. and have no consequences.
People usually operate on reward and punishment. There is no punishment for these people. How are we landlords suppose to maintain a clean, healthy, safe complex when we have no means to enforce these rules, laws?
Yes I feel like you with my hands tied behind my back.
I think I responded your your post also. You also have to step back. Now if you are in danger in your work duties at the property you should contact the PD. No one should have to worry about personal safety when they are doing their job. Why are you at the property this frequently? Are you documenting everything? What type of lease/rental agreement do you have? One year, month to month?
Boy I want to know what state you are in cause some of this I am reading is unreal . I cannot believe that you cannot evict her because she is destroying your property . I have never in my life damaged someone elses property and to think that other people do this stuff like clockwork is beyond me . My god I would be so ready to get her out of my place if I were you . I am glad you went to see an attorney and sought out about your rights sounds like she has more than you. I sure would not be renting in the state you are in . gosh I wish you luck .
Amazing isn't it.
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