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General Property Management
eviction
w
Wendy G
started a topic
over 17 years ago
Our tenant is way behind on their rent. they have been promising to pay but have not made any payment for over a month. We found out that he no longer has his job. We gave them a three day eviction notice, can we change the locks after three days if they decide not to leave?
153 Comments
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D
Donna
said
almost 16 years ago
Send written notices! This way they know yo mean business and if you have to, send them a notice for eviction if they are too late on the rent. Sometimes you just have to be tough.
D
Donna
said
almost 16 years ago
When you are renting a room in your own home; some states have different rules for eviction. But usually, you will still have to go through the court system. Soemtimes if there is no established proof of residency on the tenant's side, the police will get involved. Minnesota has specific requirements for eviction and I would contact your local clerk of court if the police are of no assistance.
D
Donna
said
over 15 years ago
It is hard having a tenant dis-respect you and your property. But the one thing I must say is you CANNOT afford not to file to evict your tenant as the damages and non-payment will add up. In Florida for non-payment of rent, you must give a 3 Day notice before filing. I believe one is offered through this web-site. For the other offenses, a 7 day notice is given to give your tenant a chance to fix the situation. If the situation is not fixed within the 7 days, then you can go to court and file against them. I would try to obtain the police reports and check with your local courthouse. Sometimes speedy procedures are in effect for criminal activities. And there is a cost involved for a lawyer, it can save you MUCH time and aggravation. Many even offer free initial consultations.
D
Donna
said
over 15 years ago
This seems more of a domestic dispute. I would contact your local authorities (police department) and ask them how this type of situation is handled. If they tell you through the courts, then you want to give them proper notice according to CO law. Then yo can start an eviciton.
S
Sharon H
said
over 15 years ago
yes they can be evicted - oral aggrement stands up in court ... proceed like normal eviction 3 or 5 day notice , etc. .........
R
Ralph F
said
over 15 years ago
No, the fact that the tenants didn't pick up the letter doesn't affect any eviction efforts on your part. The notice to vacate that you sent isn't an eviction notice anyway; if you want to evict them, you'll have to serve them with a PA eviction notice before filing for the eviction in rent court.
D
Denise S
said
about 15 years ago
You may evict a tenant for breaking a term of the lease. A lease is a contract where the terms and conditions are agreed upon by all parties. The difficulty is though, proving that there is another tenant living in the unit. A tenant may use many different excuses such as "they are visiting".
M
Mike M
said
about 15 years ago
Visiting vs. living is hard to prove. But, is there a time frame or length of stay that would consider them as a tenant? This appears to be a non-family member as well. Thanks.
M
Matthew M
said
about 15 years ago
Step one, get a lawyer. Step two, listen to what he/she says and try to recoop fees with the lien.
D
Donald G
said
almost 15 years ago
What would happens if they take that notice rip it up and say they never got it , you have to do things according to South Carolina 's rental laws . All laws are different from state to state . What are your grounds for the eviction, they do have rights .
D
Donald G
said
almost 15 years ago
Its your place .check your tenant laws in N.Y. You have to follow the rules to a T. ON PAPERWORK . In mass its a 30 day notice, if they are not out eviction process. You have to make sure these people are served properly and in the time limits , usuallt by a constable to prove they got the paper work, anywho the judge makes the final decision. on how long they need to find a new place to live.
D
Donald G
said
over 14 years ago
You better check your tenant laws in TN, you could pay dearly , if you get a judge that sides for the tenant, what happens if she falls with the lights out. Man get it together. You are not a judge, she might be doing this on purpose for this purpose of you harassing her,
D
Donald G
said
over 14 years ago
Dan, I think you have to write everything down and put in storage for I think it is 3 months and you have to flip the storage fee . After that you can sui your tenant for the storage fee, sounds fair huh.
B
Beth T
said
over 14 years ago
Are you referring to a prospective tenant? If you are, I would ask them for their current landlord's phone number and call them about their rental payment history.
M
Michelle F
said
over 14 years ago
No a current tenant. I don't think that she has paid her rent in full every month. My books are coming up short. So I wanted to know if I can legally ask her to provide me proof (receipts) that show her rent was paid.
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