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Paula W | How to get a tennant out......HELP!!!? |
We have rented a house out for the past year and have given the tennant 2 months notice, she is a DHSS tennant and we get money through her not the council. Her cheque bounced this month and rent is now nearly 3 weeks late. We have received a text today saying she has spoken to her support worker and has decided we can use the deposit as this months rent.
We are fuming! How dare she communicate by text and then try to use the deposit which is to cover any wear/tear or damage to the property!
She never answers the phone and is never in if we go round. We are selling the property so need her out wiht as little trouble as possible, she has never paid her rent on time either!
Any idea's? Anyone been in this situation before and can help get her out swiftly?
Please help me! |
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Jackie
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Contact social services. I doubt if her support worker would say this. Ring them up and just as for the duty officer - there's always one on call at your local social services. Also citizens advice may help. This could end up needing legal help too as eviction isnt easy.
If she has a support worker she obviously has problems and the support worker needs to intervene on this. |
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bob
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She can't use the deposit as rent.
Start the eviction procedure, if you let her stay it will only get worse. |
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HELEN LOOKING4
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Contact the DHSS and inform them of the situation.Go to the CAB they might help.
It will be a bit of a bind,call at the house every day,at different times and you will catch her
You could even post a notice on the door. |
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micheleamanda
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If she is reliant on housing benefit that could explain her rent always being late as local authorities aren't noted for their timely assessment and payment of benefits! She can't use her bond as rent, that is correct. You could do with seeking legal advice as evicting a tennant is not easy and tenants rights are extensive! It may be an idea to consider using a letting agent to handle your property in future that way they deal with the hassle of rent arrears and have Housing Law at their fingertips! Please do not follow the example given by "Manchester" below, this tactic would get you into such serious trouble! Your tenant is protected by a 1977 act called "protection from eviction". The only legal way you can evict a tenant is for thepurpose of redeveloping the property or it is required as the home for you. PJ-Mark1 (below) raises this as an option but it may not legally stand up if you have a second home. Get to a solicitor! Do it right and protect yourself. |
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shih tzu lady
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My tenant never pays up on time either and thinks its one of his lesser priorities. Its not her decision as to whether the rent is paid from the deposit - the deposit is held for any damage noted on her moving out, and its quite possible you may need that money for exactly the same reason. You could take her to the small claims court if this is the case - oh, the wonders of renting! Been there - done that - and now selling each property as it comes empty because I'm sick of being taken for a ride for tenants! |
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Cari
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I hope you've now learned why you don't take in DSS tenants!
I can understand why you're angry. I would advise that you speak with her support worker if possible, or if not, with the council, to find out how you go about getting her to pay this month's rent, because you're right, it's not acceptable that she has told you to use the deposit as rent. It's most unlikely that the support worker did say this to her in the first place.
If you've already given her two months notice, then just wait the time out because as other Answerers have already posted, the eviction process can take several weeks so it's unlikely that you'd get her out any quicker than that anyway. On the day the two month notice is up, IF she isn't gone, simply change the locks and throw her stuff into the street. Without refunding her deposit, if you ever do manage to get this month's rent.
I had a friend who lived in a sharehouse but the tenancy was in her name rather than that of all the tenants, so she was the one in trouble if the others weren't paying the rent. When one of her housemates didn't pay for a couple of weeks, she changed the locks and sold his TV and PlayStation on eBay! Hehehehe. Not saying that you should do this - this was an entirely different situation because if you're in a sharehouse and your name isn't on the lease, then you've got no rights whatsoever. Your tenant has rights. |
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Chrisey
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Difficult situation. Firstly she has legal rights. To have her evicted is a long and costly process that can take up to 10-12 weeks as least. You have to prove that she hasn't paid on the due date.. and any arrears. If she has a support worker then she has either a medical condition or mental health issues. She will be protected. Contact the Council first to ask if this money can be paid directly to you. When did the rent last go up? If she has the lease for a month, year whatever you are obliged to fullfill her contract. So is she!
Arrears are serious. The Council will take a dim view if she is using money that they gave her for something else and they will ask for it back. They might take her to court themselves. So not all black. |
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morebidd
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There are laws that protect both the tenant and the land lord. I know of a few decent sites for Illinois law, so check around for your state. It's a royal pain, and a lengthy process, but you do have rights to evict people that don't pay rent...Check your local laws & good luck |
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lonetraveler
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In Washington state we have LTS (landlord tenant service) Before I server an eviction notice I contact this service. They do everything just according to the law. Their rates are very reasonable and they will have the Police set them out on the sidewalk in three weeks. The cost is around $600. This is much cheaper and better way to go. Hope you have this service where you live. |
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pj_mark115
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you may be able pending on where you are to send a notice stating you need to move in yourself. this pushes them out. you may need to legally "move in" for a few months. then put the property up for sale. this sucks but maybe your only options |
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mgd6624
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Well, I am no expert, but I know that you have to give her 30 days notice no matter what. If she stays after thirty days, you can have the cops remove her and her things. Just remember that YOU cannot remove her things yourself before the 30 days arre over. You cant lock her out before 30 days either. And by the way, dont use the deposit! If you do and she trashes the place during the 30 days, you will have to take her to court to get your money back. |
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A_Kansan
 |
This is what happens when armatures try to become landlords.
You have to start at the beginning, with your contract. Impose late fees or, give discounts for payment on time. (Just charge more and discount to the amount you want.)
You contract should also make it clear that they will be responsible for reasonable court costs, legal and collection fees from their breach of the contract.
If a tenant is more than 24 hours late, serve them notice IMMEDIATELY. Try to catch them at home. Sometimes you have to stake out the place.
Approach them nicely and try to explain they have to pay the rent or get out. See if you can coax them into getting out by the end of the weekend.
If they tell you that, they will have the rent by Friday. Ask them what time they want you to come by and collect it, and then show up early.
If they resist you need to serve them notice, but act like it is the last thing you want to do. The notice should be headed; 3 Days to Pay Rent or Quit the Premises.
Some states require 10 days notice, but never more than that.
You need to state the full amount due and where to pay it.
Then try to coax them again into leaving by the end of the weekend.
If you cannot catch the tenant at home, STAPLE IT TO THE DOOR! I like using florescent colored paper. They can't say they missed it then.
If at all possible, try to avoid serving them. Try to coax them out. Tell them if they leave by Sunday evening, don't trash the place and leave it in broom swept condition, you'll return their deposit. It costs less to do it that way than go to court.
Of course, if they tear the place up, all bets are off.
Here is a link to the contract I use.
http://www.carrollsweb.com/radar/better/publicrentalagreement.pdf
Good Luck |
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MANCHESTER UK
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A lot depends on the Tenancy Agreement. I am puzzled by the statement you make that the tenant pays you directly. I know this happens but you would be wise to speak to the DW&P, advising them of the situation.
Now, you asked if I had similar experience, Oh yes indeed.
I had a Medical Doctor staying in a flat I owned. The Tenancy Agreement said he was the only person who could reside there. I found out he was cohabiting with a rather undesirable woman, so one evening, my Wife & I let ourselves in and when the couple arrived home at 12.30 a.m. I turfed them both out, there and then. The place was a tip and I retained his £200 deposit. No problem. |
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stuartalan w
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change the locks |
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brien123
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If you are in the uk you dont stand a chance of evicting someone until the rent is at least 6 weeks in arears. To be honest I dont think you are being a very good landlord and this is probably why she has not paid, if you are selling the house and kicking her out anyway then she probably needs all the money she can get for a new place to live. Once you do start the evivtion process it will take months to get her out and the court will not give you the order if you are being unreasonable or she is not in a large amount of arears(which she is not) Sorry to be harsh but its true. |
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