- This topic has 45 replies, 8 voices, and was last updated 16 years, 2 months ago by Wickedheart.
-
AuthorPosts
-
July 24, 2008 at 10:48 AM #13400July 24, 2008 at 11:07 AM #246214CoronitaParticipant
You know, I really recommend you first try to work it out with the tenant first. Maybe they have a cash flow issue (paycheck to paycheck doesn’t coincide,etc). What you should first try to do imho is find out if they really have a payment schedule problem, and if so adjust perhaps the date in exchange from moving forward requiring a cashier check with penalty. If the person has a problem paying, you really shouldn’t accept anything but a cashier and/or bank check. But at the same time you don’t want to be a jackass about it right away either.
Eviction really should be a last resort option. If you really get into a pissing match here with a tenant here in California, mind you that the laws are stacked initially against the landlord. It can take up to 2 months+ for an eviction to actually complete, not to mention the time he/she is in your home he/she will probably trash the place intentionally. Yes, you could go back and sue him/her in small claims court..But assuming he/she is already having a problem paying rent, you’re probably not going to get money back anyway, not to mention the headache of dealing with court, repairs etc.
Mind you also that in L.A. some attorneys actually make a business out of this by negotiating on behalf of tenants such that the landlord *pays* the tenant and attorney to avoid the lengthy eviction process. And all sorts of sh!t they can pull out of their ass. For example, a mold inspection might detect traces amount of mold, and then all hell breaks loose because suddenly the tenant says he/she is suffering from mold infestation and demands compensation… Yes, it’s pretty screwed up, the thought of having to pay someone to move out. But it is what it is.
If it resorts to that, you *might* want to just cut your losses and to agree with the tenant such that you’re forgive his last month(or two’s rent) in exchange for moving out end of the month or ASAP.
Not meaning to scare you…But again, eviction in CA isn’t as easily as you probably think it is.
July 24, 2008 at 11:07 AM #246220CoronitaParticipantYou know, I really recommend you first try to work it out with the tenant first. Maybe they have a cash flow issue (paycheck to paycheck doesn’t coincide,etc). What you should first try to do imho is find out if they really have a payment schedule problem, and if so adjust perhaps the date in exchange from moving forward requiring a cashier check with penalty. If the person has a problem paying, you really shouldn’t accept anything but a cashier and/or bank check. But at the same time you don’t want to be a jackass about it right away either.
Eviction really should be a last resort option. If you really get into a pissing match here with a tenant here in California, mind you that the laws are stacked initially against the landlord. It can take up to 2 months+ for an eviction to actually complete, not to mention the time he/she is in your home he/she will probably trash the place intentionally. Yes, you could go back and sue him/her in small claims court..But assuming he/she is already having a problem paying rent, you’re probably not going to get money back anyway, not to mention the headache of dealing with court, repairs etc.
Mind you also that in L.A. some attorneys actually make a business out of this by negotiating on behalf of tenants such that the landlord *pays* the tenant and attorney to avoid the lengthy eviction process. And all sorts of sh!t they can pull out of their ass. For example, a mold inspection might detect traces amount of mold, and then all hell breaks loose because suddenly the tenant says he/she is suffering from mold infestation and demands compensation… Yes, it’s pretty screwed up, the thought of having to pay someone to move out. But it is what it is.
If it resorts to that, you *might* want to just cut your losses and to agree with the tenant such that you’re forgive his last month(or two’s rent) in exchange for moving out end of the month or ASAP.
Not meaning to scare you…But again, eviction in CA isn’t as easily as you probably think it is.
July 24, 2008 at 11:07 AM #246158CoronitaParticipantYou know, I really recommend you first try to work it out with the tenant first. Maybe they have a cash flow issue (paycheck to paycheck doesn’t coincide,etc). What you should first try to do imho is find out if they really have a payment schedule problem, and if so adjust perhaps the date in exchange from moving forward requiring a cashier check with penalty. If the person has a problem paying, you really shouldn’t accept anything but a cashier and/or bank check. But at the same time you don’t want to be a jackass about it right away either.
Eviction really should be a last resort option. If you really get into a pissing match here with a tenant here in California, mind you that the laws are stacked initially against the landlord. It can take up to 2 months+ for an eviction to actually complete, not to mention the time he/she is in your home he/she will probably trash the place intentionally. Yes, you could go back and sue him/her in small claims court..But assuming he/she is already having a problem paying rent, you’re probably not going to get money back anyway, not to mention the headache of dealing with court, repairs etc.
Mind you also that in L.A. some attorneys actually make a business out of this by negotiating on behalf of tenants such that the landlord *pays* the tenant and attorney to avoid the lengthy eviction process. And all sorts of sh!t they can pull out of their ass. For example, a mold inspection might detect traces amount of mold, and then all hell breaks loose because suddenly the tenant says he/she is suffering from mold infestation and demands compensation… Yes, it’s pretty screwed up, the thought of having to pay someone to move out. But it is what it is.
If it resorts to that, you *might* want to just cut your losses and to agree with the tenant such that you’re forgive his last month(or two’s rent) in exchange for moving out end of the month or ASAP.
Not meaning to scare you…But again, eviction in CA isn’t as easily as you probably think it is.
July 24, 2008 at 11:07 AM #246002CoronitaParticipantYou know, I really recommend you first try to work it out with the tenant first. Maybe they have a cash flow issue (paycheck to paycheck doesn’t coincide,etc). What you should first try to do imho is find out if they really have a payment schedule problem, and if so adjust perhaps the date in exchange from moving forward requiring a cashier check with penalty. If the person has a problem paying, you really shouldn’t accept anything but a cashier and/or bank check. But at the same time you don’t want to be a jackass about it right away either.
Eviction really should be a last resort option. If you really get into a pissing match here with a tenant here in California, mind you that the laws are stacked initially against the landlord. It can take up to 2 months+ for an eviction to actually complete, not to mention the time he/she is in your home he/she will probably trash the place intentionally. Yes, you could go back and sue him/her in small claims court..But assuming he/she is already having a problem paying rent, you’re probably not going to get money back anyway, not to mention the headache of dealing with court, repairs etc.
Mind you also that in L.A. some attorneys actually make a business out of this by negotiating on behalf of tenants such that the landlord *pays* the tenant and attorney to avoid the lengthy eviction process. And all sorts of sh!t they can pull out of their ass. For example, a mold inspection might detect traces amount of mold, and then all hell breaks loose because suddenly the tenant says he/she is suffering from mold infestation and demands compensation… Yes, it’s pretty screwed up, the thought of having to pay someone to move out. But it is what it is.
If it resorts to that, you *might* want to just cut your losses and to agree with the tenant such that you’re forgive his last month(or two’s rent) in exchange for moving out end of the month or ASAP.
Not meaning to scare you…But again, eviction in CA isn’t as easily as you probably think it is.
July 24, 2008 at 11:07 AM #246151CoronitaParticipantYou know, I really recommend you first try to work it out with the tenant first. Maybe they have a cash flow issue (paycheck to paycheck doesn’t coincide,etc). What you should first try to do imho is find out if they really have a payment schedule problem, and if so adjust perhaps the date in exchange from moving forward requiring a cashier check with penalty. If the person has a problem paying, you really shouldn’t accept anything but a cashier and/or bank check. But at the same time you don’t want to be a jackass about it right away either.
Eviction really should be a last resort option. If you really get into a pissing match here with a tenant here in California, mind you that the laws are stacked initially against the landlord. It can take up to 2 months+ for an eviction to actually complete, not to mention the time he/she is in your home he/she will probably trash the place intentionally. Yes, you could go back and sue him/her in small claims court..But assuming he/she is already having a problem paying rent, you’re probably not going to get money back anyway, not to mention the headache of dealing with court, repairs etc.
Mind you also that in L.A. some attorneys actually make a business out of this by negotiating on behalf of tenants such that the landlord *pays* the tenant and attorney to avoid the lengthy eviction process. And all sorts of sh!t they can pull out of their ass. For example, a mold inspection might detect traces amount of mold, and then all hell breaks loose because suddenly the tenant says he/she is suffering from mold infestation and demands compensation… Yes, it’s pretty screwed up, the thought of having to pay someone to move out. But it is what it is.
If it resorts to that, you *might* want to just cut your losses and to agree with the tenant such that you’re forgive his last month(or two’s rent) in exchange for moving out end of the month or ASAP.
Not meaning to scare you…But again, eviction in CA isn’t as easily as you probably think it is.
July 24, 2008 at 11:11 AM #246229(former)FormerSanDieganParticipantThere are loads of laws related to tenant-landlord issues. A 3-day pay or quit is essentially a notice that the tenant has three days to pay up or you may start the eviction process. Since you are green in this area, consult a lawyer. A few hundred bucks now will save you potentially thousands and lots of headaches.
From the following website :
http://www.scselfservice.org/civ/ud/planbefore.htm#payrent
“-Day Notice to Pay Rent or Quit:You can use this notice when the tenant is behind on the rent. You don’t have to fill out this notice as soon as the rent is overdue. A lot of tenants are sometimes late with rent.
Before you fill out this notice, contact the tenant. Find out if the rent is on its way. But, if you think the tenant won’t or can’t pay the rent, fill out the notice as soon as possible.
The notice:
* Has to be in writing
* Has to have the title “Three Day Notice to Pay Rent or Quit”
* Has to say the name of the tenant
* Has to say the address you’re talking about
* Has to say exactly how much rent is overdue
* Has to say why that much rent is due and the dates the rent was due
* Has to give the tenant the chance to pay the rent or move out in 3 days
* Has to say that if the tenant doesn’t pay in 3 days, they’ll forfeit the lease.
* You have to sign and date the noticeBe very careful when you fill out the 3-Day Notice to Pay Rent or Quit. The notice won’t be valid if you:
* Don’t say how much money is due,
* Ask for more money than what is due,
* Ask for rent that was due more than 1 year ago,
* Ask for something that’s not rent. This can be late charges, interest, utilities, property taxes, or damages,
* Tell the tenant to “pay rent and quit” (instead of “pay rent or quit”), or
* If you don’t let the tenant chose to forfeit the lease. This is called “election of forfeiture.”
”Personally I use a property management company (My property is 150 miles away, so I kinda need to). But even when I lived 1 mile from my property I used a PM company. They are professional screeners and rent collectors and the good ones will cover some portion of eviction costs (e.g. up to $500) if needed. They deal with tenants, including those who have trouble paying and have the skills and knowledge to work these issues.
July 24, 2008 at 11:11 AM #246235(former)FormerSanDieganParticipantThere are loads of laws related to tenant-landlord issues. A 3-day pay or quit is essentially a notice that the tenant has three days to pay up or you may start the eviction process. Since you are green in this area, consult a lawyer. A few hundred bucks now will save you potentially thousands and lots of headaches.
From the following website :
http://www.scselfservice.org/civ/ud/planbefore.htm#payrent
“-Day Notice to Pay Rent or Quit:You can use this notice when the tenant is behind on the rent. You don’t have to fill out this notice as soon as the rent is overdue. A lot of tenants are sometimes late with rent.
Before you fill out this notice, contact the tenant. Find out if the rent is on its way. But, if you think the tenant won’t or can’t pay the rent, fill out the notice as soon as possible.
The notice:
* Has to be in writing
* Has to have the title “Three Day Notice to Pay Rent or Quit”
* Has to say the name of the tenant
* Has to say the address you’re talking about
* Has to say exactly how much rent is overdue
* Has to say why that much rent is due and the dates the rent was due
* Has to give the tenant the chance to pay the rent or move out in 3 days
* Has to say that if the tenant doesn’t pay in 3 days, they’ll forfeit the lease.
* You have to sign and date the noticeBe very careful when you fill out the 3-Day Notice to Pay Rent or Quit. The notice won’t be valid if you:
* Don’t say how much money is due,
* Ask for more money than what is due,
* Ask for rent that was due more than 1 year ago,
* Ask for something that’s not rent. This can be late charges, interest, utilities, property taxes, or damages,
* Tell the tenant to “pay rent and quit” (instead of “pay rent or quit”), or
* If you don’t let the tenant chose to forfeit the lease. This is called “election of forfeiture.”
”Personally I use a property management company (My property is 150 miles away, so I kinda need to). But even when I lived 1 mile from my property I used a PM company. They are professional screeners and rent collectors and the good ones will cover some portion of eviction costs (e.g. up to $500) if needed. They deal with tenants, including those who have trouble paying and have the skills and knowledge to work these issues.
July 24, 2008 at 11:11 AM #246017(former)FormerSanDieganParticipantThere are loads of laws related to tenant-landlord issues. A 3-day pay or quit is essentially a notice that the tenant has three days to pay up or you may start the eviction process. Since you are green in this area, consult a lawyer. A few hundred bucks now will save you potentially thousands and lots of headaches.
From the following website :
http://www.scselfservice.org/civ/ud/planbefore.htm#payrent
“-Day Notice to Pay Rent or Quit:You can use this notice when the tenant is behind on the rent. You don’t have to fill out this notice as soon as the rent is overdue. A lot of tenants are sometimes late with rent.
Before you fill out this notice, contact the tenant. Find out if the rent is on its way. But, if you think the tenant won’t or can’t pay the rent, fill out the notice as soon as possible.
The notice:
* Has to be in writing
* Has to have the title “Three Day Notice to Pay Rent or Quit”
* Has to say the name of the tenant
* Has to say the address you’re talking about
* Has to say exactly how much rent is overdue
* Has to say why that much rent is due and the dates the rent was due
* Has to give the tenant the chance to pay the rent or move out in 3 days
* Has to say that if the tenant doesn’t pay in 3 days, they’ll forfeit the lease.
* You have to sign and date the noticeBe very careful when you fill out the 3-Day Notice to Pay Rent or Quit. The notice won’t be valid if you:
* Don’t say how much money is due,
* Ask for more money than what is due,
* Ask for rent that was due more than 1 year ago,
* Ask for something that’s not rent. This can be late charges, interest, utilities, property taxes, or damages,
* Tell the tenant to “pay rent and quit” (instead of “pay rent or quit”), or
* If you don’t let the tenant chose to forfeit the lease. This is called “election of forfeiture.”
”Personally I use a property management company (My property is 150 miles away, so I kinda need to). But even when I lived 1 mile from my property I used a PM company. They are professional screeners and rent collectors and the good ones will cover some portion of eviction costs (e.g. up to $500) if needed. They deal with tenants, including those who have trouble paying and have the skills and knowledge to work these issues.
July 24, 2008 at 11:11 AM #246173(former)FormerSanDieganParticipantThere are loads of laws related to tenant-landlord issues. A 3-day pay or quit is essentially a notice that the tenant has three days to pay up or you may start the eviction process. Since you are green in this area, consult a lawyer. A few hundred bucks now will save you potentially thousands and lots of headaches.
From the following website :
http://www.scselfservice.org/civ/ud/planbefore.htm#payrent
“-Day Notice to Pay Rent or Quit:You can use this notice when the tenant is behind on the rent. You don’t have to fill out this notice as soon as the rent is overdue. A lot of tenants are sometimes late with rent.
Before you fill out this notice, contact the tenant. Find out if the rent is on its way. But, if you think the tenant won’t or can’t pay the rent, fill out the notice as soon as possible.
The notice:
* Has to be in writing
* Has to have the title “Three Day Notice to Pay Rent or Quit”
* Has to say the name of the tenant
* Has to say the address you’re talking about
* Has to say exactly how much rent is overdue
* Has to say why that much rent is due and the dates the rent was due
* Has to give the tenant the chance to pay the rent or move out in 3 days
* Has to say that if the tenant doesn’t pay in 3 days, they’ll forfeit the lease.
* You have to sign and date the noticeBe very careful when you fill out the 3-Day Notice to Pay Rent or Quit. The notice won’t be valid if you:
* Don’t say how much money is due,
* Ask for more money than what is due,
* Ask for rent that was due more than 1 year ago,
* Ask for something that’s not rent. This can be late charges, interest, utilities, property taxes, or damages,
* Tell the tenant to “pay rent and quit” (instead of “pay rent or quit”), or
* If you don’t let the tenant chose to forfeit the lease. This is called “election of forfeiture.”
”Personally I use a property management company (My property is 150 miles away, so I kinda need to). But even when I lived 1 mile from my property I used a PM company. They are professional screeners and rent collectors and the good ones will cover some portion of eviction costs (e.g. up to $500) if needed. They deal with tenants, including those who have trouble paying and have the skills and knowledge to work these issues.
July 24, 2008 at 11:11 AM #246166(former)FormerSanDieganParticipantThere are loads of laws related to tenant-landlord issues. A 3-day pay or quit is essentially a notice that the tenant has three days to pay up or you may start the eviction process. Since you are green in this area, consult a lawyer. A few hundred bucks now will save you potentially thousands and lots of headaches.
From the following website :
http://www.scselfservice.org/civ/ud/planbefore.htm#payrent
“-Day Notice to Pay Rent or Quit:You can use this notice when the tenant is behind on the rent. You don’t have to fill out this notice as soon as the rent is overdue. A lot of tenants are sometimes late with rent.
Before you fill out this notice, contact the tenant. Find out if the rent is on its way. But, if you think the tenant won’t or can’t pay the rent, fill out the notice as soon as possible.
The notice:
* Has to be in writing
* Has to have the title “Three Day Notice to Pay Rent or Quit”
* Has to say the name of the tenant
* Has to say the address you’re talking about
* Has to say exactly how much rent is overdue
* Has to say why that much rent is due and the dates the rent was due
* Has to give the tenant the chance to pay the rent or move out in 3 days
* Has to say that if the tenant doesn’t pay in 3 days, they’ll forfeit the lease.
* You have to sign and date the noticeBe very careful when you fill out the 3-Day Notice to Pay Rent or Quit. The notice won’t be valid if you:
* Don’t say how much money is due,
* Ask for more money than what is due,
* Ask for rent that was due more than 1 year ago,
* Ask for something that’s not rent. This can be late charges, interest, utilities, property taxes, or damages,
* Tell the tenant to “pay rent and quit” (instead of “pay rent or quit”), or
* If you don’t let the tenant chose to forfeit the lease. This is called “election of forfeiture.”
”Personally I use a property management company (My property is 150 miles away, so I kinda need to). But even when I lived 1 mile from my property I used a PM company. They are professional screeners and rent collectors and the good ones will cover some portion of eviction costs (e.g. up to $500) if needed. They deal with tenants, including those who have trouble paying and have the skills and knowledge to work these issues.
July 24, 2008 at 11:24 AM #246186lizzersParticipantThanks for all the info. I know that the eviction process isn’t an easy one and can take a long time. I’ve also heard that if you do not follow the steps exactly that it can end up costing you a lot of money.
I have tried to work with them, like when they fed me a story about how someone stole the check they mailed me and deposited it without a signature into some bank account…I pretended like I bought it. I said “Oh that’s terrible, ok, I’ll wait for you to resend the check.” Days pass and no check. Then another story about how the check was mailed when it wasn’t…
My problem more than the not paying on time is the lying. If they are like this their first month, what’s going to happen down the line?
Hopefully this check will go through and I’m praying that I get another on August 1st.
July 24, 2008 at 11:24 AM #246193lizzersParticipantThanks for all the info. I know that the eviction process isn’t an easy one and can take a long time. I’ve also heard that if you do not follow the steps exactly that it can end up costing you a lot of money.
I have tried to work with them, like when they fed me a story about how someone stole the check they mailed me and deposited it without a signature into some bank account…I pretended like I bought it. I said “Oh that’s terrible, ok, I’ll wait for you to resend the check.” Days pass and no check. Then another story about how the check was mailed when it wasn’t…
My problem more than the not paying on time is the lying. If they are like this their first month, what’s going to happen down the line?
Hopefully this check will go through and I’m praying that I get another on August 1st.
July 24, 2008 at 11:24 AM #246249lizzersParticipantThanks for all the info. I know that the eviction process isn’t an easy one and can take a long time. I’ve also heard that if you do not follow the steps exactly that it can end up costing you a lot of money.
I have tried to work with them, like when they fed me a story about how someone stole the check they mailed me and deposited it without a signature into some bank account…I pretended like I bought it. I said “Oh that’s terrible, ok, I’ll wait for you to resend the check.” Days pass and no check. Then another story about how the check was mailed when it wasn’t…
My problem more than the not paying on time is the lying. If they are like this their first month, what’s going to happen down the line?
Hopefully this check will go through and I’m praying that I get another on August 1st.
July 24, 2008 at 11:24 AM #246255lizzersParticipantThanks for all the info. I know that the eviction process isn’t an easy one and can take a long time. I’ve also heard that if you do not follow the steps exactly that it can end up costing you a lot of money.
I have tried to work with them, like when they fed me a story about how someone stole the check they mailed me and deposited it without a signature into some bank account…I pretended like I bought it. I said “Oh that’s terrible, ok, I’ll wait for you to resend the check.” Days pass and no check. Then another story about how the check was mailed when it wasn’t…
My problem more than the not paying on time is the lying. If they are like this their first month, what’s going to happen down the line?
Hopefully this check will go through and I’m praying that I get another on August 1st.
-
AuthorPosts
- You must be logged in to reply to this topic.