Message Board

eviction update

needhelpin_ny — Sat, 10 May 2008 01:27:52 GMT

Hello. I returned to court on May 7. The tenant did not show up again. We have one week to do a "non-military". We have to show that she's not int he military or depend on someone in it. Then the judge can issue the warrant for the actual eviction. This can take 3-6 weeks. So in essence, she gets to live there for at least another month before being removed.

Can someone tell me what actually happens at the eviction. I know the sherriff or in NY most of the time a Marshal has to go to the apt. but what actually happens? I'm a little nervous, don't know what to expect for when that time comes.

Forum: NEW LANDLORDS

Eviction after collecting late payments

acast — Fri, 09 May 2008 23:03:35 GMT

Hi. I have a tenant that is three months late with his rent. He's been late before by maybe 1 month. He told me he would have the rent to me after receiving the government money, I want to evict him before this, my husband says to wait until we collect the money in the mean time he's living there for free and I honestly don't think he has a job. I read on other forms not to collect the rent if you want to evict someone. What should I do about this?
Thanks for the advise.

Forum: EVICTION & TENANT TERMINATIONS

inspection after 30 days

acast — Fri, 09 May 2008 22:54:36 GMT

Hi. I went on vacation out of the country for 3 months, Jan 30th - April 22, all my tenants knew of this. One of my tenants notified me before I left that she was moving out on Feb. 15th but did not move out until the end of February because of weather conditions. I had told her it might be a while before she got her deposit back as long as the place was left clean and no damage was done. When I returned I went to inspect the place, it smelled of animals, the carpets were stained in every room and outside in the common area. I knew of one cat previously and told her to get rid of it, another tenant across from her told me she had rabbits I also warned her to get rid of these. While I was cleaning and painting the unit the tenant across the hall told me that she had a puppy about three weeks before she moved and everyone in the building knew also the tenant across told me she watched the puppy while they moved their stuff out and it also peed on her carpet, she tried to get me to pay to have it cleaned I told her it was her responsibility since she occupies the unit and according to the lease she was responsible for keeping the place clean and that she could get it cleaned at her own expense. My question is I know that I have 30 days to return the deposit but because of my situation begin out of the country and not able to inspect the place within the 30 days, a total of $1700.00 damages plus in labor and repairs (she actually owes me money), can she try to sue for her deposit? ($300.00) I don't think she will but I would like to know what to do if she tries. I have a no pet policy in my lease, she was in violation can the deposit be held for this also?
Thanks for any advise on this situation.

Forum: DEPOSITS, DEPOSITS, AND MORE DEPOSITS!

Tenant in Jail

IndianapolisLL — Fri, 09 May 2008 17:38:35 GMT

Need some help with this one. Tenant is on the last month of a 1 year lease. He has been an alright tenant, but due to constant late payments I was not planning on renewing the lease. I get a call from his girlfriend stating that he is in jail. He will be there until at least the 19th of May. So right now nobody but his stuff is in the house.

What is the order of operations for this one? Do I need to evict him? Or since his lease is up June 1st should just not renew it? Then what should I do with his belongings?

Any help would be appreciated...thank you in advance.

Forum: NEW LANDLORDS

Refinance? Qs about Loans

lake — Thur, 08 May 2008 18:27:28 GMT

Hello,

I purchase my first rental property in the name of my LLC a few months ago. I finally have a tenant that has moved in. The loan on the house is an ARM Fixed 3 year. I have until 3 years before the arm is adjusted. With all the foreclosures that are taking place because of the high interest rates due to ARM's adjusting, I'm wondering if I should try to refinance the loan to a loan other than adjusted. If so, are there 15/30/40 year fixed loans available to LLC's? What are some of the types of loans experience landlords have?
Thanks.

Forum: NEW LANDLORDS

Repairs and former tenants mail.

rkkeller — Thur, 08 May 2008 17:52:19 GMT

When I get a new tenant I always ask for them to please give me any prior tenants mail. I have kept contact with them and know where/what to do with it. Today I realized that I have never received mail for any prior tenants since my current tenant moved it. I also realized today, in hindsite, that she has been bringing in a lot of mail from almost day one and no way could any of that have been hers so quickly. Before she moved in, I would get a couple pieces a week as the post office doesnt forward everything.

I have mentioned to her a couple times about it. I dont know if I am allowed to keep doing this or not being its not my mail.

My tenant had a smoke detector problem on Monday and I went there and had to take it down. I need to spackle and paint before I put i back up and I have called Tues and Wed leaving messages about its a safety issue and I need to fix it. Today I left another message and plan to just go over after work.

Is this OK ? I live there too and want to be able to hear something if a fire. Our township requires a smoke detector in that location.

Forum: NEW LANDLORDS

Lease with Buy Option - now 2 months late

eagles_basket — Thur, 08 May 2008 00:34:24 GMT

I have a gentleman that is leasing property that I own in Greenwood, SC. It is set up as a lease with the option to buy. He is consistently late with payments and has not made a payment since February 2008. He sent a payment in April - on the 27th when it is due on the 15th. I just found out that the check bounced.

Up until about December 2007 he and his family lived on the property, but they have now moved back to Ohio. The address on the check is different from the address on the envelope when he sent the last check - that bounced.

We had the same situation about two years ago and had to mail him a certified letter to get payments started again - in which we reminded him of the clause we put in the lease about late/no payment. Please excuse my rambling, but my question is what do I need to do to get rid of this guy? I'm sick of the hassle!!

I'd appreciate any suggestions. I want to make sure tht I am following the right steps!

Thanks,
Robyn

Forum: EVICTION & TENANT TERMINATIONS

RealTaxTips.com

T_ReX — Wed, 07 May 2008 20:05:27 GMT

Website with user contributed tax tips for saving money on real estate investments.
(Has a really good section for Schedule E tax tips)

RealTaxTips.com

Forum: INTERNET TIPS & INTERESTING WEBSITES

Looking to invest in Alberta Property!!!

ethan — Wed, 07 May 2008 09:55:38 GMT

I'm in a bit of a pickle and would appreciate any advice you can provide. What are the risks in investing in Alberta area? I want to invest in some good property there but I am not sure how to go about it. I have seen the ads of many real estate investment experts on that particular area but as I am new to the area I would like to have advices from you people to help me get a better choice.

Any suggestions would be appreciated!!!

Forum: ABANDONED TENANT PERSONAL PROPERTY

Deposit refund

nfllifer — Wed, 07 May 2008 02:15:12 GMT

I've been a landlord for 11 years managed over 100 units and this is new to me.

3 years ago I was renting one apartment to a guy, he ended up getting a tenant of mine at a different property pregnant. Guy was a deadbeat and left and totally destroyed the apartment. Thousands of dollars of damage.

Girl left shortly after guy left and they moved into a trailer together. Girl didn't give proper notice (60 days). I kept her deposit and she still owes $685. I wasn't able to send her paperwork stating why her deposit was kept in a timely manor (21 days in MN) because she wouldn't give me a forwarding address. Reason no address would be given as I wanted to find boyfriend to send collections after him.

Now 3 years later she calls demanding her deposit back. She gave me the new address asking for me to forward it, or she will take me to court.

There has to be a statute of limitations, but does anyone know how long? I'm in Minnesota if that helps. Called a lawyer today who is going to have to check, he's never heard of anything like this.

Forum: LANDLORD RIGHTS & THE LAW

tenant waits well within 30 days to re-sign

dene — Tue, 06 May 2008 22:34:59 GMT

How can I handle this;
Tenant has for 2nd year in a row not given intent to sign lease. Last year it was signed a week after expiration. This year, the lease is up in 25 days with no intent stated. How can I create a clause that demands intent and what penalties can I assess if not given?

Forum: NEW LANDLORDS

Touchy question in Calif

alan1350 — Tue, 06 May 2008 16:32:50 GMT

Touchy question: This is in California2 girls decided to move together and paid a 500.00 deposit. At the last minute one of the girls decided not to move in and wants her half of the deposit back. The lease has not been signed yet but the other girl has paid the rent and has started to move her stuff in.

Question: Does the girl that changed her mind get her half of the deposit back.

Question: Can the landlord throw the person out that has paid the rent and started to move her stuff in? If they decide to throw the girl out do they have to give her, at least, a 30 day notice?

Forum: So West: HI, CA, NV, UT, CO, NM, AZ

Please help my sister

Dennis — Mon, 05 May 2008 22:53:55 GMT

my sister lives in an apartment managed by a small real estate company in montgomery county tennessee. She has made several complaints regarding the neighbors noise level argueing,partying etc and the problem has not been remedied by the managment. They did show up and talk to the neighbors and also told them who made the complaint. This resulted in a confrontation from the neighbor in wich y sister had to call the police. also the noise level is continueing and her car has been keyed.She contacted the managment company stating she does not feel safe and will be terminating her lease. In response they threatened to sue her for the remainder.Isnt the managment responsible to provide her with a safe and peaceful environment to live??
WHAT CAN SHE DO /WHAT IS THE LAW AND HOW DO WE APPROACH THE MANAGMENT COPANY.
PLEASE HELP, CONCERNED BROTHER

Forum: EVICTION & TENANT TERMINATIONS

Sending Tenants to Collections

mmmm — Mon, 05 May 2008 17:06:35 GMT

My tenants are finally out of the house and, they never came back to do the final walk through either. Thanks for all your help and advise through this nightmare. I never got a forwarding address from them so I have all their mail in the mailbox still and, I never got to talk to them about paying for all the unpaid bills. There was more damage to the house then they said there is so I had to spend more money to repair it then I thought. Is there a way that I can report them to a collections agency besides take them to small claims? After going to court the first time to evcit these people it was just a waste of time and money. I just don't have the time to take off to go to court for small claims any more and I don't have the money right now either. Is there a way I can get something to get this on their credit report but, stay out of the courts?

Thanks,

SV

Forum: NEW LANDLORDS

Loud sex + friend staying there a lot ????

rkkeller — Mon, 05 May 2008 12:41:33 GMT

I have not seen this mentioned unless I have missed it but what is the procedure for a tenant having loud sex or a tenant having someone else stay there a lot that is not on the lease ?

I am asking as my tenant has a new boyfriend and has been having loud sex between 1am and 4 am a couple times a week. Loud enough to wake me and I am worried about neighbors possibly hearing too. Everyone I ask seems to think I cant or shouldnt say anything.

The lease and application list just her and recently this new boyfriend has been staying there 4-5 nights a week. From Friday to Sunday night he is there full time and comes back during the week. Also the COO is only for 1 person as its small 1 bdr.

She is the perfect tenant when this guy is not there and I dont know if there is anything I can do without causing to much friction. Before he started coming over I could not think of a bad thing to say about her.

When I asked others I know who live in apts, hearing others having sex seems almost common.

Forum: NEW LANDLORDS