Landlord Newsletter April 2008 |
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Dear Mr. Reno:
My tenant moved in the apartment in September. He paid one month security ($425.00) and signed lease to pay $425 monthly rent on the first of each month. He has since paid $380. on October 16th, $220. on December 10th, and $120. on January 22nd of this year. He is and has been in jail on illegal drug charges since February 6th. He is now owes me $1,830. Can I have him evicted and can I hold the security deposit as one month's rent since he violated his lease agreement?
Thank you for your reply.
Louise J, Philadelphia, PA
A:
Yes you can! What are you waiting for?
Dear Mr. Reno:
I have just received my judgment from the court for an eviction of my tenants. Now they have the right to an appeal. It states they can appeal “on a question of law” to the Supreme Court. What does this mean?
A:
That means they can have a re-trial of the facts of the case. They can only appeal if they can show that the judge misinterpeted the law or misapplied the law. Tenants rarely appeal. It's very expensive.
As an investor working with tenants, you should be very familiar with the laws of your business. These laws apply whether you own a property and rent it, or you do a "sandwich" lease.
An eviction proceeding, usually called a "summary proceeding" or "unlawful detainer" proceeding, is a lawsuit to obtain a court order to remove the tenant. It is not lawful to physically or constructively remove the tenant from the premises. No matter how upset you are, don't even consider changing the locks, shutting off the power or taking the front door out for "repairs."
Before you can commence the proceeding, you need to terminate the tenancy. You do this by serving notice on the tenant as required by your state law. For nonpayment of rent, the notice is typically three to five days. If the tenant has not paid the rent in full or moved out after that time....
click for Bill's full article...
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"I can't pay the rent because I'm across town and am out of checks"
Me: You have to tomorrow before I issue pay or quit.
Tenant: All you care about is the money, don't you?
Me: You have till tomorrow. - Joe S., CO
I returned a call to my tenant who has not paid rent in three months because he said he had some great news for me. When I asked him if the great news was that he could pay the past due rents, he said, "Oh no, not that, I just wanted to let you know that in a couple more weeks he was applying for unemployment, and that his wife was pregnant, again." - He has no idea at this time when he can pay, or how much. However, I know the eviction court date is in 2 weeks. - Brian, Gardner, Massachusetts
"I'm sorry we don't have it. My husband needed the money for his defense attorney." From what we hear, he was accused of stealing from his job. - Tom C., NY
"The impossible is often the untried." - Jim Goodwin
"You don't save a pitcher for tomorrow. Tomorrow it may rain." - Leo Durocher
"How much did your last tenant problem cost you?"
- John Nuzzolese
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