eviction : ezLandlordForms

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Wendy G

started a topic over 18 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 13 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 13 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 13 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 13 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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Karen H

said about 13 years ago

I read up on the quitclaim. how long does this take? It sounds like you go to an attorney, everyone signs and that's it. Can it be that simple?

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Karen H

said about 13 years ago

yes, she is part owner. how do I go about 'Quit Claim"? I think I can get her to do that, as long as the bf doesn't know what's going on. She's already looking for another home and it's likely that she'll need a downpayment to make a purchase. If we get her to Quit Claim, we can tell her we'd give her her portion of the downpayment on the current home for her to use on her next purchase. She is on the mortgage too. How does that effect things?

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Bob R

said about 13 years ago

The bad news is that she is part owner. These are my thoughts on your situation……Your agreement with her about the home pertains to the home only. In other words, you have say in improvements to the home. However, you have no control how she runs her life and that includes who she has at her home or how long invites can stay. That includes what items are stored at the home, as long it doesn’t violate any laws….. I would say that you have no right entering the home since that’s your daughter’s residence and you were not invited. I’m not sure how much weight the lease has other that stating he was agreeing to pay rent. When the lease terminates, your daughter has the right to allow him to stay as a guest…. This is an example of why parents should not have children listed on Title as owners. If I was in your shoes, I would try to get your daughter to Quit Claim her ownership to you (I’m assuming she’s not on the mortgage loan). Be creative in your reason why this needs to be done. This places the property back in your control and given the current situation, she could be given notice to move or evicted. -----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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Karen H

said about 13 years ago

Can I enter the home when lease ends even if tenant did not vacate?

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Karen H

said about 13 years ago

Jessica, thanks for your input. see my above reply. Mom and dad have the lease with the boyfriend. Daughter lives with the boyfriend in the home. boyfriend has tons of his stuff all over the house and garage. boyfriends lease has not been renewed for Dec. Our fear is that boyfriend 'gives' all his stuff to daughter just to spite us so he doesn't have to move it out. Will bet boyfriend does not vacate peacefully on Nov 30.

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Karen H

said about 13 years ago

Yes, husband, daughter and mom own the home. boyfriend moves in and signs a month to month lease with my husband and myself. Daughter just lives in the home with boyfriend. Husband and I have already told boyfriend we are not renewing his lease. He has moved tons of stuff into the home. Daughter is mostly on his side of the fence. our biggest reason for not renewing boyfriend lease is so he has to get all his stuff out of the home...second that he has not paid the october rent. Our fear is that boyfriend 'gives' all his stuff to daughter just to 'spite us' so he doesn't have to move it out! Since house is 1/3 hers, she can take his side and keep the stuff in the house for the boyfriend. I'm guessing boyfriend is not going to leave peacefully on Nov 30. Also, do you know if when lease is up on Nov 30, can we enter the premises on Dec 1 even if he has not vacated? Thanks for your input!

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Bob R

said about 13 years ago

Clarification: You, husband and daughter own home. Boyfriend moved in with daughter and signed a lease agreement. Now someone (who?) does not want to renew lease with boyfriend. Are you also stating that boyfriend is willing to move when lease terminates only if he can give “all belongings” to your daughter? Do you know why?

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Jessica B

said about 13 years ago

If a tenant is given a non-renewal, then the lease is not renewed and they must vacate. If they do not vacate, then you would need to more forward with eviction. If the home is still rented by someone else and they are given possesion of items, its not really a concern of yours, esp if the lease is renewed and rent is paid.

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Bob R

said over 13 years ago

1 day. Send a Notice to Pay or Quit. Next, start the eviction process if they don't pay or vacate. For more info, visit http://www.ezlandlordforms.com/articles/arkansas_landlord_tenant_law_and_regulations/ . . -----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 13 years ago

Are you on a long term lease or month-to-month? Is the dog a violation of your lease? I'm assuming yes. If so, you need to contact the landlord and explain your situation and see if something can be worked out. If not and you want to stay, you'll have to find the dog a new home. Don't get mad at the Landlord. YOU violated the agreement. Maybe you should have talked with Landlord before taking in the dog. Again, I'm assuming the dog is a lease violation. To answer your question about eviction, in CA it could happen in 3 Days. -----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 13 years ago

Is the tenant renting one of your properties or living in your home? You have several questions. Let’s do 1 at a time. Which one would you like answered 1st. Also, more info would help.