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 Getting out of a lease.? |
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Roughly how much would the minimum deposit be on a £250,000 property?
Additional Details
Roughly how much would the minimum deposit be on a £250,000 property in the UK?... |
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Steven W | Tenants won't pay their rent, should I change the locks and kick them out ? |
They are new tenants and still have not even paid their deposit saying they need time. 1 month later and not paid the rent either. 1 week late. Whats my legal stance ?
Can I change the locks and keep their gear till they pay ? |
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shih tzu lady
 |
Sadly, you will find that the law is always on the side of the tenant - even though they feel they can run rough shod over a landlord. You would have to go through the legal system to get them out. You should not have issued the keys to them until the deposit was received. However, I appreciate that there is still no guarantee they would pay the rent. I wish you good luck with this one - why do landlords get all the flak when there are such cheating tenants out there. But we can't tar everyone with the same brush. |
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glendaokoeguale
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NO. NO. NO. There are laws that protect tenants. In EVERY state that is considered an illegal lock out. If you lock them out you could end up paying them money or even get arrested.
You must serve them with a 5 or 10 day notice telling them they have to move due to non-payment of rent. If they still don't move you will have to start the eviction process through the court system which can be costly.
Check your city landlord/tenant ordinance. |
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Patrick
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Local laws are very specific by state as well as locality regarding what can and can not be done in these events. Most states however do not allow you to just take the property back by locking out a tenant. This can get the landlord in serious hot water.
Most likely you will need to get them evicted. If this is your first eviction I would look for either a real estate attorney who is familiar with evictions or a landlord association that knows how to handle evictions in your area. Don't get a run of the mill attorney to handle this for you as some localities have very specific ways things need to be done.
Some examples include a waiting period before you can service a notice to pay or quit. Some states (like PA) allow a tenant to waive their right to quit. Others require 3, 5 or 10 days before you can approach the tenant. Some states require the notice to be posted on the property while others allow you to send it in the mail. Very specific things here. One that a good real estate attorney who is versed in evictions will know. Follow through with your attorney on this also. Use the experience as a learning one that way you will know what to do the next time something like this happens.
Lastly, just as a side note, never let a tenant move into a property until everything is paid. As a landlord I require all payments to be in full for deposits and first months rent prior to a tenant moving in. If we are very close to the move in date (less than 10 days) I require a cash payment. if they give me the money more than 10 days out I will accept a check. Only after the check clears (or I get the cash) are the keys turned over to the tenant for move in.
Good luck! |
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Scobill
 |
I assume you have given the a rent book and a tenancy contract ?? If not and you are trying to do this informally you don't have a lot to rely on !!
You should consult a lawyer immediately and get a proper written agreement including rent charged , deposit and inventory . They should sign this agreement and if they do not stick to the contract , then you can have them evicted .
I would not agree that just changing the locks is the answer as you may then get prosecuted .
The best procedure for dealing with property you want to rent out is to ask a well respected agent to handle for you . They would have ensured that references etc were obtained and money for deposit paid up front before keys were handed over. |
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Mr Placid
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You will be in a world of trouble if you simply lock out the tenants without following your state's statutory eviction procedures.
Consider this a good business lesson. Don't allow people to occupy your property until you've secured a deposit and credit report. |
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Ellie
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No- you cannot- if you didn't take the deposit thats more fool you. You can now evict them legally though- and i would- if they didn't have the deposit then there was no chance from the beginning that you were even going to get the rent. You will probably be loser on this and doubt you will get a penny- but for you to stay the right side of the law you must not change the locks or kick them out or keep their stuff- you must do it properly or you will be the one in trouble. The law is heavily weighted in favour of the tennant. In future get deposit first- and make sure its cash or bankers cheque only, plus first months rent- then ensure a direct debit is set up- this way you can request money from them even if they cancel the direct debit. |
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phil_mac36
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kick them out physically dont **** about doing it the right way its your house and its costing you money WHY SHOULD YOU PAY FOR THESE FREELOADERS they probably move from house to house doing the same thing the law is all wrong in this country u.k or you can do it the right way and take them to court get them evicted eventually after it as cost you thousands of pounds and they will probably get legal aid and not pay a penny and after all that you still wont get your rent paid KICK EM OUT |
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carlyan2
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Depends where you are, but either way your tenants will have rights and I am sure you will not be able to judt change the locks, think you will have to go through procedures - best get legal advice asap so that you dont end up losing too much more money and end up being taken to court too.
Horrible situation but best to do it properly so that there is no comeback.
Check this site http://www.landlordslawyer.co.uk/housing_act_notices.html
I am sure there will be others too.
Good Luck |
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fantasia.
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Have they signed any agreements? You should have a rent book and an Agreement. Without these the Courts will not be on your side. If you are in the UK go to the Civic Centre and get free advice from the One Stop shop.
Pick up leaflets on tenancies from the library. |
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sunshine
 |
I had a problem similar to that not long ago. A lawyer advised me to remove the front and back door because the court can take forever. I didn't do it, but it was indeed a thought. |
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Angry Negroâ„¢
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since they have been in the apartment for over 48 hours you have no choice but to evict them through the courts. if you just lock them out, you open yourself to a unlawful eviction lawsuit which is more trouble than it's worth... |
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Bob
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Each state has their own laws on what you can and cannot do.
check this site out, it might help.
http://www.rentalprop.com/ltlaws.htm
You might want to call the police - and have them advise you on what you can do.
Personally, If they have not even paid their deposit or rent, I would say take their stuff and put it in storage. Put a sign on their door to have them contact you. Again, without knowing the laws of your state, if they do not contact you to get their stuff within a certain amount of time, you can legally junk the stuff via disbandenment. But you would have to show that you have done everything to contact them and give them a fair amount of time.
Is there a rental agreement? If so, I'm sure there is an entry for the amount of deposit & monthly rental payment. I would also say since NO Money has changed hands, the agreement is basicly void.
Then I would take them to small claims court and sue them for the rent and the rental fees for the storage. Afterall, they have taken earnable income away from you by not allowing you to rent to someone who pays.
But.... First get free legal advise from your local Police dept. |
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myrna
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I would like to know what's the requirement time for a tenant to move out is it 30days |
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