 Landlord/Tenant Question? |
I live in Tennessee. Can a landlord do surprise monthly inspections of a home in Tennessee?
Additional Details
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rosalieburg | Landlord Tenant Dispute? |
I am a landlord and I am currently in the process of evicting a tenant. In a recent conversation with another tenant of the home I have been informed that the stove, the washer and dryer have disappeared. Never has the thought crossed my mind that a tenant would steal and sell appliances and I feel really ignorant to not have thought this as a possibility. Has anyone ever experienced this and how did you deal with it? I feel so alone!!!!!! AHHHHHHHHHH!!!!!! I feel like I have no rights as a landlord. Please share your experience if this happened to you. Thanx! |
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GWB
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I keep pictures,serial numbers and invoices of appliances.
I also take time stamped pictures of the whole unit.
I do a signed walk through upon move-in.
One time I had this happen and they went to jail.
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rtfm
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First, go in yourself and verify that the washer/dryer/stove are missing, instead of just taking another tenant's word for it -- and then file a police report for theft.
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Expert Realtor
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And you STILL can't lock them out, but here is what you can do:
1. It's theft...call the police and make a report. You will need this for documentation.
2. Call your insurance company...that's what it's for.
3. The tenant should have carried HIS OWN insurance for theft...so he is still responsible...add it to his bill when you sue him for what he owes you.
4. You CANNOT lock him out...if you do, he can sue you for triple the value of the deposit for an illegal eviction.
This can happen, just like a fire or anything else...that is why you carry insurance. |
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Silva
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Maybe they are bringing your appliances to their new apartment!!
I suppose you would have to prove that the apartment came with those appliances in order to charge them with the theft.It seems a rather complex issue for right now, especially since they are still in the apartment! You may have to wait until they have been evicted to charge them with the theft.
Edit: Love that idea from William l...great idea!! |
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ang l
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you have to see for yourself if it is true.. if it is true call the police. then take them to small claims court and sue for damages. send the tenant a registered letter listing the damages and missing items. take pictures of the place for court so you have proof.these things do happen. i've heard were tenants take out the copper pipes to sell them. you need to get references next time. good luck |
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estielmo
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The ONLY thing you can do is give notice of an inspection and take photos of the condition of the place.
Go to the library and get some landlording books.
I hope "the process" means proper filing of all notices, documents and court filings. |
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educated guess
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" You CANNOT lock him out...if you do, he can sue you for triple the value of the deposit for an illegal eviction."
The above is an incorrect statement. A former tenant can only receive 3x the amount of the security deposit if the landlord failed to provide the written disposition to the former tenant within 30 days, PROVIDING the tenant gave a forwarding address. Providing the tenant can "prove" it was not done in the 30 day time frame.
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J.C. P
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Hopefully you have a security deposit and you ran a credit check, collecting the tenant's SSN. In the worst case scenario, if the tenant is evicted and the appliances are gone, call the police and have the tenant arrested for theft of your property. Did the tenant abandon the premises? If so, go through your state's process to take back possession and contact the authorities quickly.
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iluv2tradestks
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It is hard to be a landlord. I no longer give one year leases. I give a thirty day renewable lease. A lease protects the tenant more than the landlord. 1st make sure that you get a contact in case of an emergency for this individual. If they are sold, more than likely you will have to sue the individual, but you will have to know his wearabouts. If he is clearing you out, he will destroy the dwelling. In the future, make sure that you rent to a young married two income family. That has been my best experience. |
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walrus
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My Dad tried to get me to landlord for awhile on a condo we bought together while I was going to university...I advertised for roommates, and interviewed a few, but chose to talk co-workers I'd met to move in with me to share the burden of mortgage payments...that worked best. As far as theft, well, yeah...one so-called friend had his brother spill some red-ink dye on the wall to wall carpet...that cost like a few thousand to get re-carpeted...depends on lots of factors...a friend of my son's who my son worked for who manages like 2500 units in the state capital area said that his main problem is 'squatters'...he told me they can find a way in your home while your on vacation for more than 14days...then when you come home...you cannot legally throw them out!!!....insane I say....ON THE THEFT, depending upon what kind of tenants they were, and what value you place on them etc...1) you can find out where they moved to?...and knock on their door with a sheriff assist...and ask for the stuff back....or file a small claims lawsuit if you have the time?>..or call the local police and ask their advice?....Hope this helps |
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Frank
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This happens sometimes. It is best to hedge your bets by spending more on upgrades that are harder to steal or destroy, and the least on portable objects like with furniture, a microwave, vacuum cleaner, or lawnmower and easily ruined objects like carpet. Landlords usually have the courts tilted slightly in their favor because renters are notorious for hopping from place to place leaving messes, both financial and physical everywhere they go. You can try to sue, but the courts will have a hard time enforcing such a claim on somebody who does not own any real estate and can easily pick up and move outside the court's jurisdiction. If your lease has anything in it about grounds for immediate eviction such as blatant physical damage, theft, or endangering the safety and welfare of other tenants, then you should enact it by immediately changing the locks, and putting a notice on the door stating that you are exercising that option. If you don't have such a clause, you better put one in your next lease. Some of my suggestions should be used as a guide as to what remedies you will put in that clause. If he comes back screaming that he wants his stuff say you also want yours and you will gladly return all his stuff if he compensates you for all physical damages. You will gladly waive any right to loss of rental damages if he just reimburses you for anything dirty, missing, or broken. If he chooses not to do so, he will only be entitled to that portion of his stuff that exceeds the value of the physical damages. You also might have lots of his stuff with almost no resale value but when added up, comes to a quite high replacement value, which should be an incentive to him to come up with at least some cash to offer to try to get his clothes, dishes, food, and furniture back. You might even consider moving his belongings to another location so even if he breaks in through a window, he will be breaking and entering which can bring civil suits and criminal trials all with no reward of recovering any of his stuff unless he compensates you for the stolen appliances as stated in the notice. Also, put in a time limit such as saying you will give him 15 days to come up with the stuff you have held as collateral at which time you will dispose of it as you see fit depending on the condition and market value of such collateral. You might be able to recover a few bucks from a pawn shop for a TV and other small items and get a donation receipt for clothes. Once you have such a clause, you will be justified in carrying out such actions to where you can control the situation to cut your losses and force his hand to reimburse you or walk away with material losses. |
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ItaLiaN StalliaN
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go to the courts or do it the old fashioned way and brake their legs either way you will feel much better |
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