Registered: 1181896073 Posts: 2
Reply with quote #1
Please help! Im a new landlord who now facing problems.. In process of evicting tenant for various things (not paying rent on time and not paying rent at all! Tenant gave me false information about past landlord) And then, I just found out that they are pro's for doing this. I have received several phone calls from my old neighbors about my tenant harrassing and threatening some of the neighbors. One of the neighbor had already filed a law suit against them. I did the 3-day notice to pay rent or quit and tenant did not response. I thought within 3 days if they didn't pay the rent they can move out. So, I consulted an Eviction co. they served them another 3-day notice then, the 30 days. Now, the tenant is contesting it. How can I get out from this without loosing. I am also in the process of selling my rental, now I know I have to let my tenant know that I am selling my house and I would like to show my property. Do I have to get an o.k. for them to show my property since they haven't been paying their rent. I had looked and asked around about this landlord-tenant law and it seems to me that it all about tenant's or Im just not understanding it. My questions for anyone who reads this is: What is a 3-day notice really?? What are the chances that the Landlord/Tenant would win the case? Please help! Im really in desperate need of assurance
Registered: 1163774960 Posts: 137
Reply with quote #2
Here's some great assurance..your didled! Yep no bones about it bender is gonna hurt on this one..
I don't know CA. landlord law pretty much period.. But a 3 day if it's same as Ohio's, the easiest way to get tnenant evicted is for non payment of rent (keep it simple if possible is my opinion), have to file a court case/eviction for non payment of rent, wait for court date, and make sure you have reciepts, paper work, lease papers, and statements and so on(the more paper work backing you up the better). Go to your local library and get a copy of your states landlord tenant law, read up on evictions (read the whole book by all means, but in this pinch read evictions stat!). I hate to say it, but it is about the tenants it sucks, it bites, it blows, it chaps my hide, and so on.. But the cold hard fact is the courts favor the tenants (some states more than others) and no I haven't gotten used to it(best I do is work like a slave cleaning up after the dirt bags all the while I grovel about the lousy laws I didn't vote for!) As for showing the unit, you should have to either give 24 or 48 hour notice, but get that book and read that info to make sure also.. THen once the written notice is given ahead of tiem you can show it..HEre's the kicker the tenants can stop you from entering and the police wont do jack didly..why because the landlord has about the same rights as the old, old southern plantation slave worker(you have the right to take a beating, you have the right to take multiple beatings, and you have the right to work hard while taking such beatings...).. And by the sounds of these dirt bags you just might encounter such. Word to be wise on, screen the next tenant, call landlord, look up the property owner's name on your city's web site and make sure name matches, do back round checks even if it's a general clerk of courts info along with police check.. DOn't count on a prospective tenant's friend or family to give an accurate info( might I have another beating master?), because they have a fair chance of lying for them... Sounds like you thought it was simple, got news for ya, you have to know the landlord tenant laws of your state, eviction laws specially, and if you don't screen at least minimally you might as well walk up to your next tenant, tell them you like to take a beating and should it be their fancy they can have a go at you..And yes even if you screen and some times considering area you can't get to picky on screening, and even if you do dirt bags might slip past and have a go at you anyhow. Sounds great huh! IT isn't all bad, if you get a good tenant or least decent one( cross fingers and toes and any thing else you can even consult the Eight Ball for wisdom..).
Registered: 1169270040 Posts: 3,794
Reply with quote #3
CA law is different than our law here in OH. For one, it favors the tenant even more than ours does. You served them a 3 day Pay or Quit notice. In OH we use a 3 day, but it is an unconditional quit notice. The difference? The pay & quit tells them they have 3 days to pay up or quit the tenancy, the unconditional quit just tells them to get out. (Unconditional quit favors the LL more as they have no chance to stay.)
You served a pay or quit, probably for April or May, right? Then it turned June & they didn't pay again. The eviction firm then served them again (maybe with different/proper wording) for the new month. You have to take action at the end of the pay or quit or it can work against you in court. (It looks like you are tolerating the non-payment.) I'm not sure why they also served the 30 day unless you are attempting to evict them for something else other than non-payment, or maybe they have lived in the unit a certain length of time. (I know there are different time limits of notice to vacate you must give based on how long they lived there.) Either way, if this firm specializes in residential evictions in your state, they probably know what they are doing. If they still don't move out (and they probably won't because I'm betting these tenants know the system) you will them have to start the court proceedings to have them evicted. The law firm will complete & file with the court, obtain a court date, and you will probably be asked to attend the hearing with their attorney. Bring your entire file on these people with all receipts and coorespondance. If they haven't paid rent, it should be fairly easy in court to get the eviction order. Don't worry, the law firm should take care of the entire process. Just stay on top of it so they don't forget to file for the next step. As for selling the property, as Kurt said, you are supposed to be able to show the property with reasonable written notice to the tenants. My advice - don't do it. Showing property with hostile tenants will never get that property sold. Never. The prospective buyer will either be turned away by something they will say, how the property will look (do you think they will have it clean for a showing?), or the fact that these people are being evicted and they are still there (who would want to buy a property with problem tenants in it?). You may schedule a showing only to have your tenants turn them away at the door (yes, they can & will). Wait until they are out, then clean it up & sell it. You will be able to sell it quicker, easier, and once cleaned/repaired, get a higher price for it.
Registered: 1181896073 Posts: 2
Reply with quote #4
Thanks for the advice.. I really needed that.. It sucks, but I am crossing each fingers, limbs, toes I have.. Thanks again..