Registered: 1165803434 Posts: 1
Reply with quote #1
Our new tenant was recently picked up on a warrant on the 6th of the month. We never got any rent that was due on the 1st and overall he owes us $1700 in past rent. We want to evict him but can't get in touch with him to give him notice. No idea how long he will be in jail for and can't just wait for his release and lose money. What should I do?
Registered: 1163774960 Posts: 137
Reply with quote #2
IS the unit empty of tenants/occupants? IF it has been for 3 days or so, I would call it abandoned and go by your state laws on such. Or you can go the slow and stupid/painfull route of eviction which would seem useles if no one is there. Our you could do a number I would, knock, if no one answers enter and inspect.. If you seem sure enough no one has been there change the locks and throw his crap out on the street. Take photos and have a witness might even help. Not sure if your lease has anything written in it about abandonment?
Anyhow sounds like you've let another dead beat take you for a long ride, not the best to do, but I guess happens.
Registered: 1168385684 Posts: 13
Reply with quote #3
I would be very careful throwing any tenants property out in the street. You could easily get sued with them claiming that it was worth more than it was. I would put a note on the door, being sure it is securely there, giving them notice that you are entering the apartment to inspect it. If it is still there 24 hours later (or whatever your state requires for notice), knock a few times, giving any possible occupants time to answer the door and then go in to check it. Take pictures of everything in there so you have some kind of proof and be sure the pictures have dates on them.
In my state, if it has value under $100 for everything together, you can move it out and store it, giving the tenant notice that they need to reclaim it within so many days or it will be disposed of. I think you can call it abandoned if they don't come to get it. I haven't needed to specifically check out the details for awhile. I try really hard not to throw anything away, if at all possible, especially if it is small things that I can store without too much inconvenience. It is best to check out your state laws on this before doing anything. No one needs or wants a lawsuit.
Registered: 1169270040 Posts: 3,787
Reply with quote #4
2 ways to go here - Eviction or abandonment. In evcition, since he has not paid rent for this month, post the notice on the door (my state allows it to be posted the day after the rent is due, and we have to give them 7 days on the notice). The day after that (day 8), go file for eviction at the courthouse. Wait for the court date. When he doesn't show, you win. But that is the slow (& expensive) way. In my state, abandonment is not defined by law. I can claim abandonment after rent is late 10 days. (I put it in my lease.) Some places do have abondonment definitions and they may have to be up to 2 mos. behind on the rent, depending on the state. Check your state statutes to see if it is defined in your state. What we do is this - post a 24 hr. notice of intention to enter premises. Next day - go inspect, take a digital camera to document if you have one. Note specifically if there is 1) edible food in the fridge (if he's been in jail a while, there won't be -it will have expired), 2) if most of his belongings are there, 3) look for a place to sleep (a bed), etc. 4)Ask neighbors if they have seen him and record their answers in a notebook (they won't have). 5)See if his mail is piling up. (It should be.) 6)See if his utilities are still on. (They won't be for long.) Post a notice of abandoment on the door that states you are claiming the premises as abandoned and if he does not contact you within 7 days his possessions will be removed. (No response is #7) Attempt to call his phone and leave the same message as the abandonment notice. (No return call is #8) If you get no responses, you may remove and store his possessions and charge him for the storage fees. But as I said, check your state laws. If they have to be 2 mos. behind, it would be quicker to go with eviction.