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Old 08-13-2009, 04:34 PM
 
2 posts, read 19,903 times
Reputation: 12

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I'll try to make it short and sweet...
I'm a landlord living out-of-state and have a small house in Maine that I rent. Currently rented to a couple for year. The lease expired 4/30/09. They didn't move out, but paid May, then June. Beginning July, they "lost their jobs, had surgery, etc" and stopped paying any money. They had domestic issues and he went to jail and she moved out. He's currently in the house and won't move. Owes 2 months rent and fees, though he doesn't have a lease and any other consent to stay on in the house. He works as a softball ump, seriously, that's his job. He's due in court on the 18th for the donmstic issue. He's been in jail for 18 mos due to drugs and credit theft. He might go back for an extended stay, I don't know. I'm going to be in Maine for a week on the 17th and want to present him papers to vacate. Do I have to give 30 days or can I do a 7 day, or less? What if he does go to jail on the 18th? Is it considered abandonment? Who removes his personal property from the house? I live too far away and will have to purchase plane tickets to keep going back to Maine to deal with this guy. He's in the original lease with his girlfriend. Are they both responsible for the rent even if the lease expired? Do I give her copies of everything I give him with both names on the papers? HELP?!?!?! We plan to make repairs and close the house down for the winter. No more renters for me!!
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Old 08-13-2009, 05:33 PM
 
Location: 39 20' 59"N / 75 30' 53"W
16,082 posts, read 25,233,873 times
Reputation: 18069
Quote:
Originally Posted by my2sonznme View Post
I'll try to make it short and sweet...
I'm a landlord living out-of-state and have a small house in Maine that I rent. Currently rented to a couple for year. The lease expired 4/30/09. They didn't move out, but paid May, then June. Beginning July, they "lost their jobs, had surgery, etc" and stopped paying any money. They had domestic issues and he went to jail and she moved out. He's currently in the house and won't move. Owes 2 months rent and fees, though he doesn't have a lease and any other consent to stay on in the house. He works as a softball ump, seriously, that's his job. He's due in court on the 18th for the donmstic issue. He's been in jail for 18 mos due to drugs and credit theft. He might go back for an extended stay, I don't know. I'm going to be in Maine for a week on the 17th and want to present him papers to vacate. Do I have to give 30 days or can I do a 7 day, or less? What if he does go to jail on the 18th? Is it considered abandonment? Who removes his personal property from the house? I live too far away and will have to purchase plane tickets to keep going back to Maine to deal with this guy. He's in the original lease with his girlfriend. Are they both responsible for the rent even if the lease expired? Do I give her copies of everything I give him with both names on the papers? HELP?!?!?! We plan to make repairs and close the house down for the winter. No more renters for me!!
Holdover means hes month to month. 30 day would be normal procedure if
you wanted to end a month to month whos paid their rent on time. He hasn't paid rent in two months.

For non-payment 5day letter [5 business days,exclude weekends]
Then file for eviction. Court date/tenant can appear, then Sherif serves writ of possession, then sherif does lockout.

Last edited by virgode; 08-13-2009 at 05:34 PM.. Reason: edit
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Old 08-13-2009, 05:35 PM
 
Location: Seaford, Delaware
3,482 posts, read 18,101,250 times
Reputation: 2659
Is there a clause that the lease continues on a month to month basis if no notice by either party to end the lease? Did you notify that the lease is ended and no renewed? Check the laws of Maine and your county on how long a notice needs to be, 7 or 30 days. You need to go by local statues on that one.
if poissible consult a lawyer and maybe find a property management company who will work with you to get him out and then close down the house. It will cost, but probably less than plane tickets.
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Old 08-13-2009, 06:02 PM
 
Location: 39 20' 59"N / 75 30' 53"W
16,082 posts, read 25,233,873 times
Reputation: 18069
I believe it will be the 30day letter for Maine according to a website
I just looked at, the 7 day letter is for anything but non-payment,
depending on how holdover figures into the scenario.

I would consult with an attorney, rather than try to do it myself,
particularly if your on a short time frame living out of state.

www.Rentlaw.com

www.maineapartmentowners.com

Last edited by virgode; 08-13-2009 at 06:11 PM..
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Old 08-13-2009, 07:09 PM
 
2 posts, read 19,903 times
Reputation: 12
I used the term holdover myself. There was no agreement to continue the lease by any means. There was no clause. They did break the lease at one point by having a dog at the house. The insurance people are the ones who let us know. It took them several months to get rid of it.

Plain and simple, the lease states on section 2: 'That the rental of the house is with a 30-day notice to landlord, or from landlord, for vacancy.'

The part that confuses me is the expired lease. Does the writing in the lease still apply or does it no longer apply? I really appreciate any and all replies. It sounds like a lawyer is really the only way to go. Real estate laywer?
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Old 08-13-2009, 07:37 PM
 
Location: 39 20' 59"N / 75 30' 53"W
16,082 posts, read 25,233,873 times
Reputation: 18069
Hold-over refers to tenants who remain without the landlords consent.
You can take their rental payment as long as you wish without acknowledging them as a tentant.

Like I said in the previous post it says 7day notice for anything
except non-payment, so, I originally thought it would be the 30
days, but I'm thinking it may be more like the 7day, technically
he's not even a tenant. He's there without your consent.

More of a Squatter, I've said before , they need to come up with
a new or additional definition of a squatter, this is just to common.
We read about it all the time on the forum.

Yes, a Real Estate attorney will be what you'll contact. I'd be interested
in hearing the final outcome, other posters here would as well.
Good Luck

Last edited by virgode; 08-13-2009 at 07:40 PM.. Reason: comment
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Old 08-13-2009, 08:00 PM
 
Location: Seaford, Delaware
3,482 posts, read 18,101,250 times
Reputation: 2659
Since the clause is there, the lease continues on a month to month basis. You or the tenant must give a 30 day notice. That's what that clause says. You have grounds for eviction by no rent being paid. Follow the steps os the local statures to file eviction. until then, you can't go in there and remove his stuff. But again, check the local statues for each step.
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Old 08-14-2009, 01:48 AM
 
Location: Kailua Kona, HI
3,199 posts, read 12,060,878 times
Reputation: 3403
See if your jurisdiction has a Nuisance Notice. In Nevada we have (had, I don't live there now) a notice for nuisance issues which obviously would include suspected illegal activity. 3 Day Nuisance and if not complied with, a 5 day Unlawful Detainer, then the eviction. In your case the 30 day no reason is probably the least hostile way to deal with this loser, though. You are responsible for storing his posessions safely for a matter of days, whatever is proscribed by your laws. Then they are given the chance to retrieve them (but they could be liable for the storage costs), then you can dispose of them.
If you were to consider renting it out again, I suggest a professional property manager in the area.
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Old 08-14-2009, 04:20 AM
 
Location: Gary, WV & Springfield, ME
5,826 posts, read 8,896,479 times
Reputation: 17292
Do not do it yourself! Do it through the courts. This guy is bad news with a big, bold, B. Hand it over to the courts to do it. File a petition to evict with the local magistrate's office and let the papers be served to him via an employee of the sheriff's department.

I been there and done that.
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Old 08-14-2009, 06:04 AM
 
Location: A little suburb of Houston
3,702 posts, read 16,876,746 times
Reputation: 2075
Alice is correct. Especially since your are an absentee landlord you need to hire an attorney to make sure this is done correctly in accordance with the laws of your state. A national discussion board is not going to help you as the LL/Tenant laws vary greatly from state to state.
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