eviction : ezLandlordForms

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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?

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Karen H

said about 12 years ago

I just checked on the status of the certified letter I sent the tenant. A notice was left, so he obviously did not sign for it. I also sent it regular mail to my daughter and the boyfriend. The post office says he'll get another notice in 5 days. After 15 days the letter is returned to the sender. So what's the purpose of sending it certified he he doesn't sign for it or go pick it up and it's returned to me?

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Bob R

said about 12 years ago

Q1...Her being on the Mortgage make her responsible for payment and will affect her ability to purchase another home, depending on her income/credit. Quit Claims does not relive her of the mortgage liability. If you and hubby don’t pay, she will have to. To remove her from mortgage, you will have to refinance…..Q2…Yes, it’s that simple. Call a title company that processed the purchase of the home and ask them if they can do it for you. If not, ask them for advice. There will be a cost, but cheaper than a lawyer. Each state if different…..Q3…As mentioned earlier, I don’t think you can evict him or her. She owns the property and has every right to live there as well as having invites. I don’t believe you have any rights to tell her how to live her life. I also believe the lease is worthless other than him agreeing to pay you for staying there. Think of it as a loan agreement. If he doesn’t move, your only option to have him evicted. However, I’m not sure you have ground to do this, because of your daughter owning/living there. -----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. BTW...check out the Rental Property Organizer at Simp-List.com.

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Karen H

said about 12 years ago

refinancing isn't a big deal for us. We've done it dozens of times for the homes we've owned and re-financed. We may actually get a better rate! Got to look at some bright side! It sounds like it may be up to the judge. Our attorney doesn't seem to think we can't evict him. If I recall, the title company was through 'our attorney. Thought, if we can't evict him because she can invite him in, we own the house too, so why can't we move in there too? That's extreme, but why can't we? If our agreement with him isn't a lease, then he doesn't have any tenant rights, right? We can tell him he's trespassing...the daughter will say otherwise, but we all own the property.

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Karen H

said about 12 years ago

refinancing isn't a big deal for us. We've done it dozens of times for the homes we've owned and re-financed. We may actually get a better rate! Got to look at some bright side! It sounds like it may be up to the judge. Our attorney doesn't seem to think we can't evict him. If I recall, the title company was through 'our attorney. Thought, if we can't evict him because she can invite him in, we own the house too, so why can't we move in there too? That's extreme, but why can't we? If our agreement with him isn't a lease, then he doesn't have any tenant rights, right? We can tell him he's trespassing...the daughter will say otherwise, but we all own the property.

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Bob R

said about 12 years ago

Karen, listen to your lawyer. I would not waste my time going to court over this issue….You may still may be able to bypass the lawyer. Don’t assume. Call the Title Co and find out….. The good news is moving in is one way to handle it. You have that right. Just give proper Notice of your intent…..The bad news.. she can still have him move in and there isn’t much that can be done…..Try and work things out. Get her to do the Quit Claim, Refinance, pay her back her investment, and be a loving family. No matter what, she is your daughter and “you gotta love her”. We all have made judgement errors. True, some more than others, but that’s how we learn. -----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. BTW...check out the Rental Property Organizer at Simp-List.com.

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Bob R

said about 12 years ago

This was originally post under the wrong topic. Sorry.....Just keep in mind that she is 1/3 owner and has as much rights as you do with the property. I believe she may even have the right to force a sale or have you buy her portion out. Just hope she doesn't talk with someone that may offer her suggestions. I believe the way to rest at night is to have her do a Quit Claim to the property. You can always leave the property to her when your time comes. There's also tax advantage to receiving property via a trust vs being an owner....Best wishes. -----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 Posted by Bob R, CA on Friday, October 19, 2012

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Karen H

said about 12 years ago

Thanks for all your input. I think the quitclaim is the way to go. She is already talking about moving to a place she can afford on her own, so this would be perfect to bring this up. She can't buy another property with her name on the current mortgage, (her credit is excellent, but she doesn't make THAT much. So if we refinance, she's off that note and can go buy another property. It's to her advantage. For refinancing, she would have to quitclaim. Certainly reasonable thinking. We may wind up refinancing and turning the property over to a property management co to rent it for 6 months vs selling in today's market.

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Karen H

said about 12 years ago

I want nothing more than to be the loving family. Our relationship is still pretty good on all other fronts...just not on the bf topic. I pray everyday she sees the truth.

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Karen S

said almost 12 years ago

oooo how frustrating. the "good" tenants could file a restraining order, but that requires time and effort on their part. you could contact your local court house, asking if there is anything else that can be done.

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Eric B

said almost 12 years ago

cash for keys, it's a assault to ones principles but they are jeopardizing your future income with your good tenants. I would offer them a some money to expedite the process of them moving out, as well as add the conditions that they must be out sooner than it would take to evict them, and have the unit clean and in working order upon leaving. I would still follow through with the eviction process, just in case they accept your conditions but then use it as a way to delay leaving by not meeting your agreement.

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Rose H

said almost 12 years ago

Thank you for the advice. I have offered them their deposit plus one months rent if they leave by the 10th of February. Money to be paid when they hand over the keys. They are to give me an answer by 9:00 PM. Hopefully it works, we just want them out.

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Bob R

said almost 12 years ago

@ Rose - Good call. Did they accept your offer?

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Rose H

said almost 12 years ago

They have said they are looking for a new place. Hopefully it works and they move out peacefully.

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Bob R

said almost 12 years ago

If it’s not in writing, do so asap. State that they will receive the amount in 5 or 10 (your choice) days after they move. That they will get the $$$$ only if they move by the 10th and return the property in the condition they received it, excluding normal wear-n-tear. Also, they must keep the place in good condition so you can show the property. -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Unfortunately, it is impossible to give comprehensive real estate/tax advice over the internet, no matter how well researched or written. Therefore, it is up to you to become familiar with Fed/State/Local Tax Laws. Also, if you have real questions, you should consult with an attorney or tax professional……Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance. BTW...check out the Rental Property Organizer at Simp-List.com. Free Trial Download with data. Check out the new $$$$ for 2013

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Janet M

said almost 12 years ago

I believe in North Carolina, you must serve a 10 day notice first before starting eviction procedures. If it is for rent owed, and tenant has not moved or paid the rent during the 10 days, then you can file for summary ejectment. Why do you want the tenant out? Is it for non-payment? If so, even though they agreed to move, I would serve them with the required notice under NC law anyway. This way you do not have to go through that again, delaying the process.