Eviction Follow-Up
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Eviction Follow-Up (by Jeff [CO]) Nov 27, 2018 12:53 PM
       Eviction Follow-Up (by NE [PA]) Nov 27, 2018 1:01 PM
       Eviction Follow-Up (by Laura [MD]) Nov 27, 2018 1:02 PM
       Eviction Follow-Up (by Ken [NY]) Nov 27, 2018 1:05 PM
       Eviction Follow-Up (by Jeff [CO]) Nov 27, 2018 1:06 PM
       Eviction Follow-Up (by Jeff [CO]) Nov 27, 2018 1:07 PM
       Eviction Follow-Up (by NE [PA]) Nov 27, 2018 1:07 PM
       Eviction Follow-Up (by NE [PA]) Nov 27, 2018 1:10 PM
       Eviction Follow-Up (by Jeff [CO]) Nov 27, 2018 1:18 PM
       Eviction Follow-Up (by Jeff [CO]) Nov 27, 2018 1:23 PM
       Eviction Follow-Up (by Laura [MD]) Nov 27, 2018 1:51 PM
       Eviction Follow-Up (by Mike45 [NV]) Nov 27, 2018 2:30 PM
       Eviction Follow-Up (by Jeff [CO]) Nov 27, 2018 2:52 PM
       Eviction Follow-Up (by Lana [IN]) Nov 27, 2018 3:02 PM
       Eviction Follow-Up (by Jeff [CO]) Nov 27, 2018 3:31 PM
       Eviction Follow-Up (by Ken [NY]) Nov 27, 2018 4:33 PM
       Eviction Follow-Up (by Jeff [CO]) Nov 27, 2018 4:37 PM
       Eviction Follow-Up (by Lana [IN]) Nov 27, 2018 4:50 PM
       Eviction Follow-Up (by nhsailmaker [NH]) Nov 28, 2018 5:30 AM
       Eviction Follow-Up (by plenty [MO]) Nov 28, 2018 5:39 AM
       Eviction Follow-Up (by Jeff [CO]) Nov 28, 2018 6:37 AM
       Eviction Follow-Up (by Don I [MO]) Nov 28, 2018 9:30 AM
       Eviction Follow-Up (by Jeff [CO]) Nov 28, 2018 9:45 AM
       Eviction Follow-Up (by Mike45 [NV]) Nov 28, 2018 11:22 AM
       Eviction Follow-Up (by Jeff [CO]) Nov 28, 2018 1:44 PM
       Eviction Follow-Up (by BRAD 20,000 [IN]) Nov 30, 2018 9:12 PM

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Eviction Follow-Up (by Jeff [CO]) Posted on: Nov 27, 2018 12:53 PM
Message:

Last week I posted about a train wreck of a tenant to whom I served a notice to quit for repeat violations. Surprisingly he moved out. The unit was clean, but he left a lot of smudges on the bedroom walls and in other rooms we needed to touch up the paint. I told my guy to paint the whole unit. The place looks drab, so I took it off the market for the painting, to replace the laminate floor with a warmer color, and to replace the kitchen backsplash.

He left a big black mark on the fridge, but it was fairly old so I am replacing it. I am not charging him for that. (I am on a big appliance upgrade binge).

It will be ready to rent on 12/8.

The tenant is responsible for rent until it has been re-rented, or March 31st - whichever comes first.

Here's my question: Do you think I should give him credit for the time that the unit is off the market? I can see a case for that, but I also believe that is would be hard to rent it in the condition it is in. Part of it is what he did to the walls, but the place needed to be freshened.

Any opinions?

--76.120.xx.xx




Eviction Follow-Up (by NE [PA]) Posted on: Nov 27, 2018 1:01 PM
Message:

I wouldn't discount it. You could've still shown the unit and taken a deposit. --50.32.xxx.xxx




Eviction Follow-Up (by Laura [MD]) Posted on: Nov 27, 2018 1:02 PM
Message:

In order to make him responsible for the rent for the term of the lease, you must show that you attempted to mitigate your damages. You do this by showing that yu actively attempted to rerent the place.

So if challenged in court you will lose the rent for the time when the property was not on the market available for rent, because during that time you did not attempt to mitigate your damages. --108.51.xxx.xxx




Eviction Follow-Up (by Ken [NY]) Posted on: Nov 27, 2018 1:05 PM
Message:

The day you gave him the eviction notice the lease ended,he owes you nothing toward future rent after the day he actually moved out --72.231.xxx.xxx




Eviction Follow-Up (by Jeff [CO]) Posted on: Nov 27, 2018 1:06 PM
Message:

This is hard to describe. When he moved in it looked better than when he moved out. It was clean, but he made it look run down.

Laura, yes, we have to mitigate damages. I think I can argue that I had to take it off the market due to its condition.

NE, I will keep it on the market. Good idea.

I can just change the available date to 12/9.

Thanks. --76.120.xx.xx




Eviction Follow-Up (by Jeff [CO]) Posted on: Nov 27, 2018 1:07 PM
Message:

Ken, that is incorrect. --76.120.xx.xx




Eviction Follow-Up (by NE [PA]) Posted on: Nov 27, 2018 1:07 PM
Message:

Throw a ghost ad on craigslist now with no pics at a higher price. "Test" the market. He isnt paying attention to the advertising of that unit now and you won't be charging him until its March or filled anyway. So there's time before you need to worry. --50.32.xxx.xxx




Eviction Follow-Up (by NE [PA]) Posted on: Nov 27, 2018 1:10 PM
Message:

Ken may be right if you gave him a pay or quit notice. If you did, then he in fact "quit". If you filed and he just moved, I'd say the meter is still running. --50.32.xxx.xxx




Eviction Follow-Up (by Jeff [CO]) Posted on: Nov 27, 2018 1:18 PM
Message:

As I said, this wasn't a demand for payment. It was a notice to quit for repeat violations. He broke his lease and would have been evicted had he not moved out. He moved out in order to not have an eviction on his record. In Colorado, if you violate a lease and are kicked out you're not off the hook for the rent. --76.120.xx.xx




Eviction Follow-Up (by Jeff [CO]) Posted on: Nov 27, 2018 1:23 PM
Message:

I just heard back from my lawyer. If a tenant breaches a lease and is told to leave, and does, that is handled the same as a skip - a guy who moves out at midnight in-lease.

if that were not the case, if a tenant moved into a unit and decided he didn't like it, if he got a dog he'd get thrown out with no consequences.

He also said that it's reasonable to take a place off the market for a reasonable amount of time to get it ready.

--76.120.xx.xx




Eviction Follow-Up (by Laura [MD]) Posted on: Nov 27, 2018 1:51 PM
Message:

Good luck. I know the off the market time would not fly in my courts, i have seen it fail multiple times, but your experience may be different. --108.51.xxx.xxx




Eviction Follow-Up (by Mike45 [NV]) Posted on: Nov 27, 2018 2:30 PM
Message:

My courts would agree with Ken, that I told the T to move and he did. Got to know your judge!

--71.38.xx.xxx




Eviction Follow-Up (by Jeff [CO]) Posted on: Nov 27, 2018 2:52 PM
Message:

Mike45, your post is just so laughably wrong. :)

Tenant Rights and Responsibilities When Signing a Lease in Nevada

A lease obligates both you and your landlord for a set period of time, usually a year. Under a typical lease, a landlord can’t raise the rent or change other terms, until the lease runs out (unless the lease itself provides for a change, such as a rent increase mid-lease). A landlord can’t force you to move out before the lease ends, unless you fail to pay the rent or violate another significant term, such as repeatedly throwing large and noisy parties. In these cases, landlords in Nevada must follow specific procedures to end the tenancy. For example, your landlord must give you five days’ notice to pay the rent or leave (Nevada Rev. Stat. Ann. § 40.251) before filing an eviction lawsuit. If you have caused substantial damage to the property, your landlord may give you an unconditional quit notice, giving you three days to move out. (Nev. Rev. Stat. Ann. § 40.2514).

Tenants are legally bound to pay rent for the full lease term, typically one year, whether or not you continue to live in the rental unit—with some exceptions, as follows...

--76.120.xx.xx




Eviction Follow-Up (by Lana [IN]) Posted on: Nov 27, 2018 3:02 PM
Message:

In Indiana, when I issue a Pay or Quit or a Cure or Quit, I am ending their Lease. I do not go after rents after they move. I have seen my magistrate get punitive with Landlords who ended the Lease and charged to the end of Lease term. What really matters is what your judge allows. --216.23.xxx.xx




Eviction Follow-Up (by Jeff [CO]) Posted on: Nov 27, 2018 3:31 PM
Message:

Lana, so what you're saying in that in your state, a tenant can breach the lease, leave early, but the judge rules against the landlord when he/she tries to recover damages (lost rent)? I really doubt that. Also, no one here is talking about riding out the lease term with an empty unit.

Finally, it's not what the judge allows. It's what the law says - statutes and case law. --76.120.xx.xx




Eviction Follow-Up (by Ken [NY]) Posted on: Nov 27, 2018 4:33 PM
Message:

Jeff,If I know a tenant is moving without paying me often I will not give them a 3 day eviction notice because if I do I cant go after rent past when they move because I told them to move,if they move on there own I can then go after this full months rent plus next month for not giving me proper notice --72.231.xxx.xxx




Eviction Follow-Up (by Jeff [CO]) Posted on: Nov 27, 2018 4:37 PM
Message:

Ken, I don't know about NY, but here we can't do anything about what we know a tenant will do - only what the tenant actually does. Also, we don't have 3-day eviction notices. Never heard of them. I guess many states are different. --76.120.xx.xx




Eviction Follow-Up (by Lana [IN]) Posted on: Nov 27, 2018 4:50 PM
Message:

Ditto with Ken. My notice ends the Lease, so I really have to think it over. --216.23.xxx.xx




Eviction Follow-Up (by nhsailmaker [NH]) Posted on: Nov 28, 2018 5:30 AM
Message:

If I had a nickel for every tenant threat of lawsuit I would not need to be a landlord anymore.

take his entire deposit - send the deposit accounting and rent on.

You will never see the inside of a court --73.182.xxx.xxx




Eviction Follow-Up (by plenty [MO]) Posted on: Nov 28, 2018 5:39 AM
Message:

Jeff are you in CO or Nevada? You have a lawyer follow his words for whatever state this property is in. --99.203.xx.xxx




Eviction Follow-Up (by Jeff [CO]) Posted on: Nov 28, 2018 6:37 AM
Message:

Nhsailmaker, I hear that. I just turn them over to collections if they don't pay. --76.120.xx.xx




Eviction Follow-Up (by Don I [MO]) Posted on: Nov 28, 2018 9:30 AM
Message:

Plenty: when I read his reference to NV law, I believed (and still do) that he did so because Mike45 is from NV and said that he can't charge the T for the entire lease.

Jeff was pointing out what the laws of Mike45's sate says. --174.234.xxx.xxx




Eviction Follow-Up (by Jeff [CO]) Posted on: Nov 28, 2018 9:45 AM
Message:

Correct, Don. --76.120.xx.xx




Eviction Follow-Up (by Mike45 [NV]) Posted on: Nov 28, 2018 11:22 AM
Message:

"Jeff was pointing out what the laws of Mike45's sate says."

No, Jeff was just quoting some unspecified internet site that purports to set forth NV law, but which does not in fact answer the specific question of whether a Tenant is legally obligated to pay rent for the remainder of the lease term after the Landlord terminates the lease for the Tenant's violations of the lease.

What matters to me is not what some internet pundit asserts, or even what a statute says, but what my judge will do. My judge's position is that I terminated the lease with my Notice to Quit Or Cure (and my subsequent eviction, if I have to go there), and that because I terminated the lease, the Tenant no longer is obligated to pay.

--71.38.xx.xxx




Eviction Follow-Up (by Jeff [CO]) Posted on: Nov 28, 2018 1:44 PM
Message:

Mike lives in a town of 68 people and has his own judge. Common sense and the law are irrelevant. --76.120.xx.xx




Eviction Follow-Up (by BRAD 20,000 [IN]) Posted on: Nov 30, 2018 9:12 PM
Message:

Gotta know YOUR judge. Laws or no laws, the JUDGE decides IF and only IF it goes to court. Not all judges follow the law.

Also, everything is negotiable. Write up what you want and it's good until someone takes it to the judge.

Many just pay.

BRAD --73.102.xxx.xxx



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