rental house (by mickey [AR]) Jan 31, 2009 5:16 PM|
rental house (by MrRational [MD]) Jan 31, 2009 5:24 PM
rental house (by mickey [AR]) Jan 31, 2009 5:38 PM
rental house (by MrRational [MD]) Jan 31, 2009 5:57 PM
rental house (by Mickey [AR]) Jan 31, 2009 6:15 PM
rental house (by Irish [MD]) Jan 31, 2009 6:42 PM
rental house (by Brad [IN]) Jan 31, 2009 7:26 PM
rental house (by Mickey [AR]) Jan 31, 2009 8:04 PM
rental house (by Terry [CA]) Jan 31, 2009 9:33 PM
rental house (by Terry [CA]) Jan 31, 2009 9:37 PM
rental house (by Mickey [AR]) Jan 31, 2009 10:06 PM
rental house (by Mickey [AR]) Jan 31, 2009 10:12 PM
rental house (by tim [AR]) Feb 1, 2009 4:14 AM
rental house (by Josh [CA]) Feb 1, 2009 3:00 PM
rental house (by Virden [OH]) Feb 1, 2009 6:19 PM
rental house (by billy [MA]) Feb 2, 2009 7:56 AM
rental house (by Mickey [AR]) Feb 3, 2009 12:31 PM
rental house (by mickey [AR]) Posted on: Jan 31, 2009 5:16 PM
State Specific Question About: ARKANSAS (AR)
can you call the police and file a destruction of property charge if the renter has kicked in a bedroom door? Frame and trim is torn off and hardware is on floor. --68.90.xxx.xx
rental house (by MrRational [MD]) Posted on: Jan 31, 2009 5:24 PM
If they came over to your house and kicked in your door... that would be criminal.
Because they have the right to be there the damages are a civil matter.
You can (and should) pursue whatever options you have to evict them and deduct the repair from their SD. --96.244.xx.xxx
rental house (by mickey [AR]) Posted on: Jan 31, 2009 5:38 PM
I am aware that I can serve a 3 day notice (unlawful detainer-civil). If he stays in house it could take weeks to go to court. His rent is due 2/1/09 and I don't expect to see any money. I could sever 10 day notice (criminal) for nonpayment of rent. Sad thing is that his father is the local sheriff. Do you think the 10 day notice would be the faster eviction? --68.90.xxx.xx
rental house (by MrRational [MD]) Posted on: Jan 31, 2009 5:57 PM
"Sad thing is that his father is the local sheriff"
Up to now the top of the "never rent to" list has always been lawyers but you have left that one in the dust!
You need to check your local laws to know what is best "process". Look above for links to them. --96.244.xx.xxx
rental house (by Mickey [AR]) Posted on: Jan 31, 2009 6:15 PM
Thank you. I appreciate your help.
rental house (by Irish [MD]) Posted on: Jan 31, 2009 6:42 PM
Seems to me that something is lost on the translation of your post Mickey...
To respond to your original post, the normal response would be for you to repair the damages and send the tenant a bill with a short deadline to pay.
Then later you talk about unpaid rent, tenant's father is the sheriff, going to court, etc....leading to confusion on my part...
rental house (by Brad [IN]) Posted on: Jan 31, 2009 7:26 PM
A phone call to the father may have some effect. A high ranking public official should have some concern about his kin's actions reflecting badly on himself. --66.228.xxx.xx
rental house (by Mickey [AR]) Posted on: Jan 31, 2009 8:04 PM
Sorry for the confusion. This particular renter has asked to be released from lease early. He said he would be out end of February and I agreed if he would still pay rent on time and leave house in good condition. During this ice storm / power outage, I tried to contact him to enter and check for damage. He never returned my calls. When I entered the house I found it a mess, animal feces everywhere on the carpet, door kicked in, other damage as well. I don't want to fix it, I'm afraid he may damage it again. I don't expect him to pay on the 1st and I need to have him removed before more damage is done. In the first post, I just wanted to know if I could file charges for destruction of property. Does this help? --68.90.xxx.xx
rental house (by Terry [CA]) Posted on: Jan 31, 2009 9:33 PM
No...you can't file "charges" for destruction of property but you can deduct cost of repair from the security deposit.
Don't know where you get CRIMINAL 10 day notice for non payment? Only a court can EVICT a tenant. You can give notice, whatever is required per YOUR state laws for whatever specific breach has occured but in the end, you must go through the courts to have him evicted..you cannot remove him or have him removed any other way.
AND unless a party to the rental agreement formally, you had best NOT discuss his tenancy with his father. --207.200.xxx.xx
rental house (by Terry [CA]) Posted on: Jan 31, 2009 9:37 PM
I now see on one source page that you can supposedly get them charged with a misdemeanor if you go the 10 day for non payment route - only state I know you can do that (as opposed to civil) BUT then it sure sounds like you are forfeiting getting a money judgement. Hopefully that's not the case. Anyway..you can't do the non payment unless he doesn't pay. Also what exactly did you put in writing permitting him to break his lease and why?
rental house (by Mickey [AR]) Posted on: Jan 31, 2009 10:06 PM
Renter said that he and wife have split and that he can no longer afford to stay. He said that he was only working a few days a week but would still pay rent on the 1st. Our agreement to terminate lease early was with conditions and verbal. If he pays rent and moves...great. If he does not pay on the 1st, I will serve him with the 10 day notice to vacate on the 2nd. The lease is very clear. Rent is due on or before the 1st and failure to pay on or before the due date is a default of the lease. --68.90.xxx.xx
rental house (by Mickey [AR]) Posted on: Jan 31, 2009 10:12 PM
BTW, my main concern at this point is getting him out. He can cost me more in damage if he stays and I will use his SD for repairs. --68.90.xxx.xx
rental house (by tim [AR]) Posted on: Feb 1, 2009 4:14 AM
If he doesn't pay rent today he has done you a favor. Tomorrow go to the sheriffs office and pay them to serve a "Notice to vacate". Tell them there is already damage and ask them if they will remind him that damage can be pursued in court-they will usually do this if asked. Once he has been served he has 10 days (not business days)
On the 11th day take a witness and video the events while entering the dwelling. If it appears he's goine (no utilities etc) then proceed to get it ready to rent by first changing the locks. I post a copy of the eviction on the door and put a no trespassing sign.
If it appears he's still there (full of valuable things) you will need to get a copy of the notice to vacate and write a BRIEF affidavit and take that to your prosecutor for a warrant to be served on him. I've only had to do this once as they usually get out but if you have to do this you will have to push by calling as the wheels of justice turn slow but he will regret not being out. The fine use to be $25 per day. --74.194.xxx.xxx
rental house (by Josh [CA]) Posted on: Feb 1, 2009 3:00 PM
I would hire a lawyer for this one. I would not want to go toe to toe with a local sheriff on a LL / TT issue. No way no how. Put distance between you via a lawyer.
rental house (by Virden [OH]) Posted on: Feb 1, 2009 6:19 PM
I agree with Josh CA, and I would ask about domestic violence issues with the wife, is she aware she will be subpeona into court as jointly and severally for damages involving the deposit? --76.241.xxx.xx
rental house (by billy [MA]) Posted on: Feb 2, 2009 7:56 AM
probably drunk.shame on him.politely ask him to pay for replacement when he is sober.if he wont maybe its time to park company and suggest he leave. --208.58.x.xx
rental house (by Mickey [AR]) Posted on: Feb 3, 2009 12:31 PM
Update on Org. post of Jan. 31 - Rental House.
I took advice and hired Landlord/Tenant (eviction) Lawyer. He advised me to serve 3-day notice to vacate (Unlawful Detainer)with additional $25 for each day he exceeds the 3-day limit. Best method to attempt recoup of lost money/damages. I did and he was given notice this morning. He called and said he didn't have rent and could not be out in 3 days but....If he could be out in 3 would I return his SD!! I told him all I wanted was my house back and that if he left in 3 days I would take no further action. I also explained that part of the SD would be used for damages, etc. Dumb move on my part! Had I been on my toes or just a little smarter I would have told him that if he were out in 3 I would return what he had comming. All in the wording RIGHT? Lawyer also told me on 4th day to enter and if in "my opinion" his valuables were gone, to change locks. If not, to call him and initiate Unlawful Detainer with court. Think I am in for long ordeal. If nothing else, I hope this action is placed in his credit report for other Landlords to see. --209.30.xxx.xxx