Evicting tenants...

[RichieZ]

My parents still own our first house and use it as a rental property. It is currently rented out to a family that cannot afford to rent, or does not want to pay. They have a history of paying late and bouncing checks, 4 times in the last 7 months alone, and my parents no longer have the patience to deal with it. Currently their rent is 2.5 months behind.

My father went over there this weekend and they gave him another check, which I confirmed by going to BoA that their acct has insufficient funds. They are now avoiding his calls, he called their cell phones and the refuse to pick up. I call 5 minutes later using a calling card and low and behold they pick up and then hang up when I introduce myself.

I received a call today at work from my dad, regrettably I am now tasked with evicting them. I would appreciate any help in this matter

These people have been dishonest, laying straight to my parents face and they have made no effort to work anything out.

I would appreciate any help in this matter to make it as smooth as possible for both the tenants and myself. I don't want to do this, but I cannot allow them to take advantage of my parents any longer.

 

[Kelvrick]

Iono, but cali sucks for kicking people out.

 

Why should it be smooth for the tenants?
Do they have a lease? Do they actually have any rights to occupy that house?

Call the family lawyer and the police.

 

[RichieZ]

Originally posted by: SampSon
Why should it be smooth for the tenants?
Do they have a lease? Do they actually have any rights to occupy that house?

Call the family lawyer and the police.

They do have a lease but they have effictively broken it by not following the terms, ie not paying. I will be calling a lawyer as soon as I find one. I'm just trying to see if anybody has worked with one or can recomend one.

This is not a happy process and I just want it to go as smooth as possible

 

[Eli]

Wow, 2.5 months.. That's insane!

He should've kicked them out after the first month of no rent, no questions asked.

Once we were extremely late on the rent, and we had a 72 hour notice within 14 days of being late.

 

[RichieZ]

Originally posted by: Eli
Wow, 2.5 months.. That's insane!

He should've kicked them out after the first month of no rent, no questions asked.

Once we were extremely late on the rent, and we had a 72 hour notice within 14 days of being late.

I've been reading up on this, how was the notice served?

there seem to be three options:
1. in person to the tenants
2. in person to a substitue service (somebody over 18 at the propoerty) and a letter via first class mail the same day
3. posted on the door and a letter

I prefer to avoid confrontation with these ppl as I dont' beleive that talking to them would do any good.

 

[Kelvrick]

Originally posted by: RichieZ

Originally posted by: Eli
Wow, 2.5 months.. That's insane!

He should've kicked them out after the first month of no rent, no questions asked.

Once we were extremely late on the rent, and we had a 72 hour notice within 14 days of being late.

I've been reading up on this, how was the notice served?

there seem to be three options:
1. in person to the tenants
2. in person to a substitue service (somebody over 18 at the propoerty) and a letter via first class mail the same day
3. posted on the door and a letter

I prefer to avoid confrontation with these ppl as I dont' beleive that talking to them would do any good.

Usually you have to do it with a process service, or the local sheriff. Which effectively means money. Not sure about evictions though, I just do collections

 

[IamElectro]

If ya mail them anything it send it certified.

Get an attorney.

 

[Eli]

Originally posted by: RichieZ

Originally posted by: Eli
Wow, 2.5 months.. That's insane!

He should've kicked them out after the first month of no rent, no questions asked.

Once we were extremely late on the rent, and we had a 72 hour notice within 14 days of being late.

I've been reading up on this, how was the notice served?

there seem to be three options:
1. in person to the tenants
2. in person to a substitue service (somebody over 18 at the propoerty) and a letter via first class mail the same day
3. posted on the door and a letter

I prefer to avoid confrontation with these ppl as I dont' beleive that talking to them would do any good.

The landlord just brought it over.. I dunno.. lol

 

[waggy]

kicking someone out is really hard.

My in-laws owned a house that they were renting out. They had some college kids rent it and not pay rent. It took them about 6 months to get them out.
you have to give them a 5 day notice to pay or you will evict them. then take them to court to evict them. if they have kids its is going to take even longer.

Also if they try to pay (even if you refuse it) it helps them out. it shows they are trying to pay.

 

[imported_weadjust]

Advise the tennant you are doing routine maintenace on the doors and the hinges need to be oiled.

Remove the exterior doors, place in the bed of your truck and leave. Take the exterior fuses to the A/C unit also.

They won't stay much longer.

NOT LEGAL BUT EFFECTIVE

 

[Yossarian]

Originally posted by: weadjust
Advise the tennant you are doing routine maintenace on the doors and the hinges need to be oiled.

Remove the exterior doors, place in the bed of your truck and leave. Take the exterior fuses to the A/C unit also.

They won't stay much longer.

NOT LEGAL BUT EFFECTIVE

you will be sued for big $$$, and you will lose.

 

[Eli]

Originally posted by: waggy
kicking someone out is really hard.

My in-laws owned a house that they were renting out. They had some college kids rent it and not pay rent. It took them about 6 months to get them out.
you have to give them a 5 day notice to pay or you will evict them. then take them to court to evict them. if they have kids its is going to take even longer.

Also if they try to pay (even if you refuse it) it helps them out. it shows they are trying to pay.

That is DEFINATELY not the norm. They didn't know what they were doing.

Either that or your state has some messed up eviction laws.

Like I said, we were served with a 72 hour notice on the 14th day of being late for rent.

2.5 months, let alone 6.. would just be insane. I've never even heard of that before.

You don't pay the months rent, you're gone.

 

[Vic]

http://www.rentlaw.com/

Read up on the law, get an attorney, and kick those deadbeats out.

There is a difference between someone who is poor and someone who is a crook. A tenant who repeatedly writes bad checks, doesn't try to work with you in good faith, and avoids you after becoming more than a month down is a crook.

You should have taken action before this. Work within the law but move quickly. A 72 hour pay or quit the premisis notice should be put on their door first thing tomorrow.

edit: do not attempt to lock them out, and passing a bad check is not a legal attempt to pay.