Sort of OT: How do I evict a tenant?

[lizzers]

Thanks 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.

[patientlywaiting]

[quote=fat_lazy_union_worker]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).
[/quote]

Absolutely not!! Liars are liars. They will come up with sob stories after sob stories.

The tenant’s cash flow problem is not your problem. You have to pay your bills too.

As a landlord, I can tell you that you need to set your own policies and never deviate.

Get yourself an attorney and have him begin the eviction process. Learn from the attorney until you can do it yourself.

[patientlywaiting]

[quote=fat_lazy_union_worker]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).
[/quote]

Absolutely not!! Liars are liars. They will come up with sob stories after sob stories.

The tenant’s cash flow problem is not your problem. You have to pay your bills too.

As a landlord, I can tell you that you need to set your own policies and never deviate.

Get yourself an attorney and have him begin the eviction process. Learn from the attorney until you can do it yourself.

[patientlywaiting]

[quote=fat_lazy_union_worker]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).
[/quote]

Absolutely not!! Liars are liars. They will come up with sob stories after sob stories.

The tenant’s cash flow problem is not your problem. You have to pay your bills too.

As a landlord, I can tell you that you need to set your own policies and never deviate.

Get yourself an attorney and have him begin the eviction process. Learn from the attorney until you can do it yourself.

[patientlywaiting]

[quote=fat_lazy_union_worker]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).
[/quote]

Absolutely not!! Liars are liars. They will come up with sob stories after sob stories.

The tenant’s cash flow problem is not your problem. You have to pay your bills too.

As a landlord, I can tell you that you need to set your own policies and never deviate.

Get yourself an attorney and have him begin the eviction process. Learn from the attorney until you can do it yourself.

[patientlywaiting]

[quote=fat_lazy_union_worker]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).
[/quote]

Absolutely not!! Liars are liars. They will come up with sob stories after sob stories.

The tenant’s cash flow problem is not your problem. You have to pay your bills too.

As a landlord, I can tell you that you need to set your own policies and never deviate.

Get yourself an attorney and have him begin the eviction process. Learn from the attorney until you can do it yourself.

[Coronita]

[quote]Absolutely not!! Liars are liars. They will come up with sob stories after sob stories.

The tenant’s cash flow problem is not your problem. You have to pay your bills too.

As a landlord, I can tell you that you need to set your own policies and never deviate.

Get yourself an attorney and have him begin the eviction process. Learn from the attorney until you can do it yourself[/quote]

And as I said, if your goal is to get the person out as fast as you can, the legal route isn’t always the fastest that yields the least amount of damage both to your pocketbook and to your property.

Notice i said “cashier check”. It avoids the bounce check thing. And if he/she can’t commit to that, your best option it to get the person out.

That said, renter in the hole ain’t going pay you back for an damage he does pissed off while you serve him an eviction notice imho…that is unless you don’t mind fix holes in walls, plugged toilets, cigarette butts in the airducts, trashed carpet, cracked counters, etc. Deposit aint gonna cover that, and good luck recovering that in small claims court.

Been there, done that.

[Coronita]

[quote]Absolutely not!! Liars are liars. They will come up with sob stories after sob stories.

The tenant’s cash flow problem is not your problem. You have to pay your bills too.

As a landlord, I can tell you that you need to set your own policies and never deviate.

Get yourself an attorney and have him begin the eviction process. Learn from the attorney until you can do it yourself[/quote]

And as I said, if your goal is to get the person out as fast as you can, the legal route isn’t always the fastest that yields the least amount of damage both to your pocketbook and to your property.

Notice i said “cashier check”. It avoids the bounce check thing. And if he/she can’t commit to that, your best option it to get the person out.

That said, renter in the hole ain’t going pay you back for an damage he does pissed off while you serve him an eviction notice imho…that is unless you don’t mind fix holes in walls, plugged toilets, cigarette butts in the airducts, trashed carpet, cracked counters, etc. Deposit aint gonna cover that, and good luck recovering that in small claims court.

Been there, done that.

[Coronita]

[quote]Absolutely not!! Liars are liars. They will come up with sob stories after sob stories.

The tenant’s cash flow problem is not your problem. You have to pay your bills too.

As a landlord, I can tell you that you need to set your own policies and never deviate.

Get yourself an attorney and have him begin the eviction process. Learn from the attorney until you can do it yourself[/quote]

And as I said, if your goal is to get the person out as fast as you can, the legal route isn’t always the fastest that yields the least amount of damage both to your pocketbook and to your property.

Notice i said “cashier check”. It avoids the bounce check thing. And if he/she can’t commit to that, your best option it to get the person out.

That said, renter in the hole ain’t going pay you back for an damage he does pissed off while you serve him an eviction notice imho…that is unless you don’t mind fix holes in walls, plugged toilets, cigarette butts in the airducts, trashed carpet, cracked counters, etc. Deposit aint gonna cover that, and good luck recovering that in small claims court.

Been there, done that.

[Coronita]

[quote]Absolutely not!! Liars are liars. They will come up with sob stories after sob stories.

The tenant’s cash flow problem is not your problem. You have to pay your bills too.

As a landlord, I can tell you that you need to set your own policies and never deviate.

Get yourself an attorney and have him begin the eviction process. Learn from the attorney until you can do it yourself[/quote]

And as I said, if your goal is to get the person out as fast as you can, the legal route isn’t always the fastest that yields the least amount of damage both to your pocketbook and to your property.

Notice i said “cashier check”. It avoids the bounce check thing. And if he/she can’t commit to that, your best option it to get the person out.

That said, renter in the hole ain’t going pay you back for an damage he does pissed off while you serve him an eviction notice imho…that is unless you don’t mind fix holes in walls, plugged toilets, cigarette butts in the airducts, trashed carpet, cracked counters, etc. Deposit aint gonna cover that, and good luck recovering that in small claims court.

Been there, done that.

[Coronita]

[quote]Absolutely not!! Liars are liars. They will come up with sob stories after sob stories.

The tenant’s cash flow problem is not your problem. You have to pay your bills too.

As a landlord, I can tell you that you need to set your own policies and never deviate.

Get yourself an attorney and have him begin the eviction process. Learn from the attorney until you can do it yourself[/quote]

And as I said, if your goal is to get the person out as fast as you can, the legal route isn’t always the fastest that yields the least amount of damage both to your pocketbook and to your property.

Notice i said “cashier check”. It avoids the bounce check thing. And if he/she can’t commit to that, your best option it to get the person out.

That said, renter in the hole ain’t going pay you back for an damage he does pissed off while you serve him an eviction notice imho…that is unless you don’t mind fix holes in walls, plugged toilets, cigarette butts in the airducts, trashed carpet, cracked counters, etc. Deposit aint gonna cover that, and good luck recovering that in small claims court.

Been there, done that.

[PCinSD]

I’ll echo what many posters have suggested. If the check clears, wait and see what happens in August. If you’ve got a problem getting paid in August, now you know that this will be an ongoing problem. Some landlords have no choice but to accept crummy tenants that are late on rent but eventually pay. Others don’t. Not sure which one you are.

In my opinion, when a tenant pays rent only with money orders or cashiers checks that raises a red flag. That may suggest they don’t have a good credit history and/or are keeping their funds out of bank accounts and out of the reach of creditors. Go to the san diego county recorders website and look at the grantor/grantee index. Type in their name and see if they have judgments recorded against them. It takes less than 5 minutes.

Coincidentally, I am trying an unlawful detainer case tomorrow morning on behalf of a landlord. I’ve never done one before, so I went to the law library and checked out a book that was written for landlords. It is a comprehensive guide showing landlords how to evict a tenant. Complete with forms, motions, etc. If you want, I can get the name of the book and post it on here tomorrow.

Over the past month or two I’ve learned how complicated the process can be. The fact patterns and the corresponding law applied to those facts are confusing and somewhat vague at times. Best of luck whatever you decide.

This is not a solicitation for a client and is not intended to be relied on as legal advice.

[PCinSD]

I’ll echo what many posters have suggested. If the check clears, wait and see what happens in August. If you’ve got a problem getting paid in August, now you know that this will be an ongoing problem. Some landlords have no choice but to accept crummy tenants that are late on rent but eventually pay. Others don’t. Not sure which one you are.

In my opinion, when a tenant pays rent only with money orders or cashiers checks that raises a red flag. That may suggest they don’t have a good credit history and/or are keeping their funds out of bank accounts and out of the reach of creditors. Go to the san diego county recorders website and look at the grantor/grantee index. Type in their name and see if they have judgments recorded against them. It takes less than 5 minutes.

Coincidentally, I am trying an unlawful detainer case tomorrow morning on behalf of a landlord. I’ve never done one before, so I went to the law library and checked out a book that was written for landlords. It is a comprehensive guide showing landlords how to evict a tenant. Complete with forms, motions, etc. If you want, I can get the name of the book and post it on here tomorrow.

Over the past month or two I’ve learned how complicated the process can be. The fact patterns and the corresponding law applied to those facts are confusing and somewhat vague at times. Best of luck whatever you decide.

This is not a solicitation for a client and is not intended to be relied on as legal advice.

[PCinSD]

I’ll echo what many posters have suggested. If the check clears, wait and see what happens in August. If you’ve got a problem getting paid in August, now you know that this will be an ongoing problem. Some landlords have no choice but to accept crummy tenants that are late on rent but eventually pay. Others don’t. Not sure which one you are.

In my opinion, when a tenant pays rent only with money orders or cashiers checks that raises a red flag. That may suggest they don’t have a good credit history and/or are keeping their funds out of bank accounts and out of the reach of creditors. Go to the san diego county recorders website and look at the grantor/grantee index. Type in their name and see if they have judgments recorded against them. It takes less than 5 minutes.

Coincidentally, I am trying an unlawful detainer case tomorrow morning on behalf of a landlord. I’ve never done one before, so I went to the law library and checked out a book that was written for landlords. It is a comprehensive guide showing landlords how to evict a tenant. Complete with forms, motions, etc. If you want, I can get the name of the book and post it on here tomorrow.

Over the past month or two I’ve learned how complicated the process can be. The fact patterns and the corresponding law applied to those facts are confusing and somewhat vague at times. Best of luck whatever you decide.

This is not a solicitation for a client and is not intended to be relied on as legal advice.

[PCinSD]

I’ll echo what many posters have suggested. If the check clears, wait and see what happens in August. If you’ve got a problem getting paid in August, now you know that this will be an ongoing problem. Some landlords have no choice but to accept crummy tenants that are late on rent but eventually pay. Others don’t. Not sure which one you are.

In my opinion, when a tenant pays rent only with money orders or cashiers checks that raises a red flag. That may suggest they don’t have a good credit history and/or are keeping their funds out of bank accounts and out of the reach of creditors. Go to the san diego county recorders website and look at the grantor/grantee index. Type in their name and see if they have judgments recorded against them. It takes less than 5 minutes.

Coincidentally, I am trying an unlawful detainer case tomorrow morning on behalf of a landlord. I’ve never done one before, so I went to the law library and checked out a book that was written for landlords. It is a comprehensive guide showing landlords how to evict a tenant. Complete with forms, motions, etc. If you want, I can get the name of the book and post it on here tomorrow.

Over the past month or two I’ve learned how complicated the process can be. The fact patterns and the corresponding law applied to those facts are confusing and somewhat vague at times. Best of luck whatever you decide.

This is not a solicitation for a client and is not intended to be relied on as legal advice.

[Author]

Posts