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sugarBear | A question about tenants? |
I am currently renting out my house. The tenants turned out to be bad at paying rent on time, they are now behind 1 month. I always have to call them & ask for the rent money when it comes time to pay they don't have the money or come up with bull*hit excuses about trying to come up with the money. Most of the time they ignore my calls. Last Monday they promised to pay, still no payment for this month (Sept.), I been calling, leaving messages, but no answer. I am fed up & now want to EVICT them. What do i do? and how do i do it without breaking the law? we are in the state of California.
Thank you. |
 |
 
newmexicorealestateforms
 |
You sound like a reasonable person just attempting to avoid conflicts. However sometimes there are not many people like you but like your renters. Therefore you might want to try the first step and write them a courtesy notice that if the payments are not received by you timely the next letter will be an eviction and demand letter.
The important thing is to make sure you follow the letter of the law so that it does not turn on you and bite you so to that end you need to learn what you can and can not do from the government that would come after you if you don't do it right.
Here are links that you need to research:
STATE’SLANDLORD TENANT ACT: http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=72145723910+1+0+0&WAISaction=retrieve
HUD – Tenant rights in California: http://www.hud.gov/local/ca/renting/tenantrights.cfm
Pamphlet from the State of California on Landlords and Tenants:
http://www.dca.ca.gov/publications/landlordbook/catenant.pdf
Private Attorney’s Website on Tenant/Landlord issues: http://www.caltenantlaw.com/
Home owner and renter assistance programs: http://www.ftb.ca.gov/individuals/hra/index.html
California Civil code - CONTRACTS – Sections 1619 – 1632: http://www.lectlaw.com/files/bul15.htm
I wish you the best in resolving the issue. |
|
ticketoride04
 |
there's no time like the present to begin getting in a paying tenant. chk out their references better next time.
Go to the city or county offices the have jurisdiction in your area and either file for an FED or Unlawful Detainer Action against them. If you are smart and diligent about law, do it yourself and save money.
If you want accurate documentation at a reasonable rate, get a paralegal to fill out the doc's with accuracy and due diligence.
I'm in the Napa Valley and the UD is the way to go there. The firm of Charles Gravett handles my UDs and a paralegal there in Chucks office named David will do it for you correctly for a nominal price.
get it done now and move on in life...take the eviction cost out of their deposits. |
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CW L
|
get rid of them now, one step forward and three steps back.
they are dead beats and want to one-up you
get a new tenant
Mr nice guy finishes last.
the longer you wait, the deeper in debt you get with them.
you can only bale so long ....then you sink!!!!!!!!! |
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chicagoavonlady
|
get a court order to evict them. start there. don't ask them anything now. if you have asked over and over and they haven't even given you the courtesy of at least giving some portion of the rent, start the eviction process. Call the city of where ever it is you live's help line. we have one where we live or go to your city's web site. look up landlords or owner's info. they should give you some detail about how to go about doing that or there should be a contact # there.
Good Luck! |
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skiingstowe
|
Hi,
If you are going to evict them, and you should, you should file for an escrow hearing at the same time. This will force them to pay rent into the court system while the eviction process goes forth. Most of the time the deadbeats will leave because they won't wasn't to pay the rent to anyone. This is your best bet to get them out sooner. The laws must be changed so deadbeats face a criminal charge for their actions. In most states it is a Civil case which most often goes unpunished. The Landlords of Vermont are changing the laws in our State so this is a punishable charge whenever there is rent loss or damage to our properties. You can help by signing our petition at gopetition.com Just type in Landlord at the search line and our petition will come up. It would be great if the laws in all 50 states could be more fair toward the Landlords and property owners. Why should it take three or more months to jump the legal hurdles so we can get rid of deadbeat tenants that don't pay and destroy our properties. Join us and help change the laws so we can gain back our property rights !!! Please help pass this on so other Landlords can gain control their property rights back!!!! Thanks! |
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crazesgirl
|
The first thing you will need to do is issue a 3-day notice to vacate. Basically it says that if they don't pay or move-out of the premises within 3 days you will file an eviction. You'll have to check to see if CA has a certain form that they want you to use. Being a landlord there is going to be some out of pocket expenses getting the proper forms. You will need to post the 3-day notice on the door of the home.
After that if they haven't paid you can take your copy of the paperwork and go to the courthouse and file an eviction. Again you will need to check with the county you live in to see what paperwork they require you to file. It's going to take some legwork on your part. But your already doing enough calling them asking for the rent. Good Luck! |
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yawlcome2000
 |
I hope you dont depend on the rent money to pay the motgage, if you do, you will probably have to sell the house to get the tenant out of your property. California really makes it hard on renting property. If they have small children, there are also protection for the tenant. You will really have a problem getting them out. That is one reason, I sold my real estate and moved out of Calirfornia, retiring overseas and just renting now, renting out properties is too stressful and creates much un-happiness in life, life is too short for this mess. Just sell you property and enjoy the cash, but, dont put it back into real estate or stock market, enjoy it, take vacations, tour overseas and see the places you have never seen. Reduce your stress level, enjoy life. |
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hecallsmelove
|
give them a 3 day notice to pay rent or quit if they dont pay file an eviction agaisnt them, also what was the rules of the lease that they signed about paying rent for your house? |
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rlloydevans
 |
If you've never done it before, I suggest you get with a real estate attorney and have them take care of the legalities. It will cost your $300-600. Evicting a tenant is a relatively simple procedure, if you do something wrong it can cost you many more delays and lots more money.
Essentially, you need to serve them with a notice to Quit or Pay Rent - which can be done by simply attaching the notice to their front door.. If they haven't made good within the prescribed time you then start an eviction action, actually an "Unlawful Detainer" action in California legal parlance.. There will be a hearing. You show the judge they have not paid repeatedly and are now 1 month past and you want them out. The judge will grant it, although the tenants will be given 5 days to move. It takes about a month to evict a tenant allthough if they fight it it can take 2-3 months. You also normally get a "Judicial Judgement" which sets an court order allowing you to collect against them for any unpaid rent and your legal fees.
One of the first things you learn as an investor is you make it a strict policy to serve all tenants a Quit or Pay Rent Notice as soon as they are late. When you are new, you think it is rude and you want to work with tenants. However, if it is a strict policy and you do this for everybody, then they don't get in the habit of paying late, and the good tenants will understand it is policy. Getting such a notice will motivate most tenants to pay faster, and give you a running start on deadbeats should you have to go the eviction route.
Once you have been taken through the process once, you'll be able to do it yourself, if unfortunately something like this comes up again.
Good luck |
|
Leo F
 |
You will have to check with your state, but in WA you start with a 3 day pay or vacate notice. The you will have to hire a lawyer and start eviction. This will take a couple of months and will cost between $500-1500. This is why its so importand to screen tenants through a screening company. I bet they have done this before to other landlords. Forget about getting any money from them, you will just have to eat the loss. I hope you took a first, last and depost from them. Also be prepared to find a mess when you get them out. |
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Weimaraner Mom
|
You have to go down to the court house and file eviction papers. The tenants will then be served eviction paperwork, they either have to pay or vacate. I believe you have to go to court, if you win they are given 24 hours to vacate, after 24 hours the sheriff's department shows up with a locksmith, if they aren't out then you rekey the locks and they are thrown out on the street and anything left in the apartment is yours.
That is the ONLY legal way to go about evicting them. You have to regain possession of your own home, if you do it any other way you will end up having to pay the tenant. Unfortunately the tenant has more rights than you do to be honest. Are they on a lease??? What does your lease state about not paying rent on time?? Do you have a clause that states that if they fail to pay you have the right to kick them out? If they are not on a lease then they are considered a tenant at will and you have the right to give them 30 days notice to vacate. If they fail to leave then you will have to go thru the court system to get them out. Be advised that the courts are so backed up that it will take you no less than 6 months to get them out, in the meantime they can live there rent free until that time.
Good luck. |
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