Tenant not responding and not paying : ezLandlordForms

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V K

started a topic over 11 years ago

Hi, I need some advice from experienced landlords here, would really appreciate it :) I have a single family house in California, i rented out rooms separately and I am too living there in one room. One of my tenant renting from almost 1.5 yrs now, he was good person, paid rent throughout till now, some times late, i never asked for late charges. He signed a month to month rental agreement. But, Situation changed completely now. He has not paid me rent in last 3 months. 1st month he went out of town and when he came back at end of month paid with a wrong check (would have bounced, if I wouldn't have checked with bank). He was mostly out of house/room, started coming late in night and leaving early morning or coming during day, when i didn't use to be at home. He stopped answering my phone calls, text messages or emails. 2nd month..When tried to communicate through a friend's cell phone, he started lying that his cell phone, wallet and laptop were all stolen and after making new cards he will pay in few day, but didn't hear back from him. I had to leave for official work and I am outside US from last 2 months. He is still not responding back to any form of communication to me. He owes me 3 months rent and utilities and 4th month about to start. He still has all his stuff inside the house and in his room. He put on a door lock in his room without notifying me, so I don't have any keys. He is still not coming home on regular basis. He had his car and bike both parked earlier inside garage and now he took his car out. He is not planning to move his stuff out and seems to be taking advantage that I am outside. I am out for 2 more months. Not sure what should I do or what can I do to resolve this issue sitting here. I left him several messages, emails, note's but no response. I got his abusing text response once when i wrote him that I will have to report to police, if I didn't pay all his due rent. I would like to know what are my options now to kick him out and get my rent. I just know about 'Notice to pay rent or Leave', but I want to get my rent too and I am sure he is not gonna do receiving on any kind of notice, so will that be legal notice? in case I would have to serve any notice to him. Please advise. Thanks Regards

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Bob R

said over 11 years ago

@VK - Given your apparent inexperience, it may be best to get some professional help. Everyday the tenant remains is costing you $$$$. In the long run it may be cheaper paying for help. This will also show you what needs to be done properly. The cost is also tax deductible.

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V K

said over 11 years ago

Thanks Bob again for your quick response. If anyone can help me with these questions below, I will really appreciate. I was trying to fill out UD-100 and thinking whether I did serve 3 day notice correctly or not. As i gave 3 day notice on Aug 7th but in due amount in the notice I included complete August month's rent, is that right or wrong? If its wrong, due amount should be till 7th or 10th Aug, i.e ending day of 3 day notice or starting day of 3 day notice? In case I need to give 3 day notice again before filing UD. Also, as this is shared house, I didn't want other tenants to see amount he owes me. So I preferred putting 3 day notice under his door rather than pasting it on door, but now on UD100 form, I don't see a direct option for same, can I say this as posting on premises in UD100 8a (3) option or what else I can say? One more thing I noticed that tenants first name on his Driver Licence ID copy I had is different from what's in Rental agreement, i.e. may be short name he put on rental agreement, does that matter?

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Karen S

said over 11 years ago

I would start the eviction process now, trouble tenant for sure.

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Bob R

said over 11 years ago

3 Day Notice will work. If tenant does not perform, start eviction. You can post it on the room door. Here's a good site that will help... http://www.courts.ca.gov/1288.htm.

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V K

said over 11 years ago

Hi, Please tell for evicting a tennant in shared home, do I need to give 60 day notice to a tennant or '3 day notice to pay rent or quit' is enough? Also, Do i need to hire some one to give this notice or just put under room's door or paste on the room door?

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Bob R

said over 11 years ago

Check this site - http://www.courts.ca.gov/1288.htm

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V K

said over 11 years ago

Thanks a lot Karen and Bob for your replies. Bob yes your answer definitely helps. I have one more question regarding giving 3 day Notice to Pay or Quit, if he doesn't receive document (doesn't sign this) then is that Notice considered valid? Can I send Notice though email? What different ways, can I server him this Notice?

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Bob R

said over 11 years ago

I hope you learned a valuable lesson about sec.dpst. Good luck on collecting on damages, given that you're out of State. Since there was no sec.dpst collected, I doubt there is a time limit to report damages to tenant. Having said that, I would send something within 30 days. If you have to file a claim with Small Claims Court, check the State requirement on time to file. If contract was signed in WA, I believe you will have to file in WA. As a side note, don't collect "last months rent". Instead, consider increasing the Sec.Dpst to the max amount allowed -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with your State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance.

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Bob R

said over 11 years ago

Since he's considered a renter, the Police can't help you with removing him. You will have to serve him with a 3-days Notice to Pay or Quit. More than likely, you will have to start an eviction. Don't expect to be able to collect back rent. Chances are slim. You may want to hire a lawyer to help you since you're not available some of the time. The bad news - it's going to cost somewhere around a $1500 + loss of rent. The good news - you can take him to Small Claims Court ($10,000 limit). The other option is offer to help him with his move. It may cost you some $$$$, but it may be cheaper and less stressful. How much - offer $100 - $500. If he accepts and moves, take him to Court to recoup your rent loss.-----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with your State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance.

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Lisa S

said over 11 years ago

Rented out our house in Washington. Tenant paid first & last, but we did not ask for a security or cleaning deposit. They rented for 4 years, during which time rent was never increased. There were some repairs that took place w/i their time of occupancy i.e. hot water heater went out & we replaced, leak under kitchen sink that was repaired. Tenant moved out but left some signicant damages, i.e. sliding glass window broken, garage door broken, screen in sliding glass door ripped up, mini blinds throughout the house broken 911 total), glass insert & insulation for wood burning stove, etc., extensive cleaning (4 men-2days). I know I am within my rights to charge tenant for repairs, but is there a time frame for the tenant to pay once they receive the bill?