bad tenant in Montana I need some options : ezLandlordForms

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Kimberley M

started a topic over 11 years ago

I have a tenant on a 6 month lease...she has been late every month with her rent, excuse after excuse..). I just finally received the last of her deposit in oct (her lease is up Nov 15) the tenant has know from the beginning that this was only a 6 month lease as my child (the owner of the Property) would be moving back from out of state and would be moving into the house at the beginning of December. So, first of all she only gave me back part of her lease agreement packet, I have requested numerous times that she give me the rest of it but she never has. I never received the check in and out walk thru for damages. I did however take pix of the property before she moved in. she has been in contact with my daughter, in which she(my daughter) has told the tenant that her lease is ending mid nov. I personally met with her on 10/27/2012 and told her I would be sending her notice of what her final rent (11/1/2012 - 11/15/2012) prorate amount would be. She was told that it would be for 11/1-11/15 and she was in agreement. (I have 2 adult children that witnessed this conversation) now she is telling me that I never gave her notice that her 6 month lease would be over, that she is expecting her whole deposit back as she was never GIVEN a check in and out form and that she is not moving out until the end of Nov (at least). I jumped on the band wagon and quickly sent her an notice of non renewal of lease (dated 10/29/2012). do I have any recourse? I would guess that she will not be paying her rent (pro rated or other) in Nov. I am just looking for some possible things I can do. My child and her husband are retiring from the military and will be here at the begining of Dec. expecting to move into her home and I am afraid that this tenant is digging in for the long haul....Any ideas? anybody?

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Bob R

said over 11 years ago

When the lease terminates and she’s not out, immediately start the eviction process. These sites may be of help. http://courts.mt.gov/library/topic/landlord.mcpx and http://www.rentlaw.com/eviction/montanaeviction.htm -----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. Free Trial Download with data

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Kimberley M

said over 11 years ago

thank you, Like I said before, I doubt she will pay her rent for Nov. so I plan to start eviction on the 4th with a notice to pay or quit.... but say in the craziest of things she actually pays the prorated rent or a full months rent? should I keep it?

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Bob R

said over 11 years ago

I would say yes. If it’s a check, it may 2-3 weeks for it to clear unless you cash it at her bank. Refund any over payment that is due unless you use it for damages not covered by the Sec.Dpst. Double check if you can use rent $$$$ for damages. I believe some State don’t allow that. Send a Notice of Non Renewal was the right move. -----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. Free Trial Download with data