absoluteca
Moderator
Registered: 11/03/06
Posts: 44
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Reply with quote | #1 |
ARCHIVE POST:
I have a tenant that moved out on 1/31 as promissed, but still have not moved some of their belongings. THis is in California, rent control area, and i do not know what to do. THey have not turned the keys to me, they do not return the phone calls..i dont know what to do or how long to wait.
Help!!! REPLY:
Technically they OWE RENT until they return the keys. Send them a letter telling them to relinquish possession and an invoice with late fees, etc. Let them know that if they don't immediately turn over the home you are serving an unlawful detainer thru the courts (which will show up on their eviction record) and taking back possession of the home thru legal channels-aka the county sherriff. Make sure the letter is certified.
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Terrence
Registered: 12/05/06
Posts: 11
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Reply with quote | #2 |
I hope you know where they moved to!!
I hope you wrote down the make model, year and plate number of their car tags when they signed their new lease (I always write this at the top of the lease).
I hope you have a TENANT PROPERTY clause in your lease that describes all of the financial penalties for leaving behind anything. Mine includes cars, stuff on the roof, and in the yard, as well as stuff on the curb for the trashmen.
I charge $2500 to remove a car, $900 per room for furniture, $90 for each fridge/cabinet/med cabinet etc. Storage of their stuff can only last 15 days, and is charged at $60/day. After the 15th day, it is considered abandoned, and is hauled away.
If they have disappeared, I put the total amount on their credit report as uncollected funds that they skipped on. Sure, they can try to run, but they will ruin their credit in the process.
My penalties are STIFF. I also make the new tenant initial EACH clause that is important to me.
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kurt
Registered: 11/17/06
Posts: 137
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Reply with quote | #3 |
Pretty decent on detail, but I also try to put in an eviction/abandonment fine of $1,500 plus fines for unauthorized occupants (initial fee $400 cause proving how many day is hard if they even bother to show up to court). Though I have to laugh on the fact that you must be renting in at least a middle class area because I have rented to lower class income and they don't care about a thing you stick on their credit record nor about evictions..Try threatening some one that has didly, that isn't going to try and improve their life any time soon, and you'll find more often than not they have been through the court system in some fashion and don't care. |
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westvalley
Registered: 11/25/08
Posts: 4
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Reply with quote | #4 |
Hi Terrence,
Your info is very helpful for me. I would like to ask what is the procedure for putting an uncollected judgement/debt on tenant's credit report as you said in here. Please advise.
Quote: Originally Posted by Terrence
I hope you know where they moved to!!
I hope you wrote down the make model, year and plate number of their car tags when they signed their new lease (I always write this at the top of the lease).
I hope you have a TENANT PROPERTY clause in your lease that describes all of the financial penalties for leaving behind anything. Mine includes cars, stuff on the roof, and in the yard, as well as stuff on the curb for the trashmen.
I charge $2500 to remove a car, $900 per room for furniture, $90 for each fridge/cabinet/med cabinet etc. Storage of their stuff can only last 15 days, and is charged at $60/day. After the 15th day, it is considered abandoned, and is hauled away.
If they have disappeared, I put the total amount on their credit report as uncollected funds that they skipped on. Sure, they can try to run, but they will ruin their credit in the process.
My penalties are STIFF. I also make the new tenant initial EACH clause that is important to me.
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OHlandlord
Registered: 01/20/07
Posts: 1,836
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Reply with quote | #5 |
west, Terrence may no longer be here since his post was over 2 years ago. To collect money a tenant owes you, take them to small claims court first to get a monetary judgement. Have the judgement recorded (sometimes is done automatically, other courts charge you a small fee to so it). This puts it on their credit record. Then locate the tenant and ask for a debtor's exam with the court. (Each court has their own name for this - you'll have to ask the clerk what they call it there.) The tenant is called to court to be questioned on what assets he has (bank accounts, personal property, wages, etc.) You can garnish wages, attach bank accounts and personal property, attach tax returns in some areas, and lien real estate. |
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westvalley
Registered: 11/25/08
Posts: 4
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Reply with quote | #6 |
Hi OH Landlord,
Hopefully you will remember me. My post with the of split couple problem and was advised to eviction them out for late rent. I did. It took 1 month to complete the process and thanks God, finally. I appreciate your help and shared experiences in this forum. Thank you so much.
My next question for you. I hired an attorney to do an eviction for me and I won the judgment. Do I still have to record this judgment with a small claim court?
Thanks in advance.
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