entry (by richard [WV]) Jul 9, 2009 9:08 PM|
entry (by John... [MI]) Jul 10, 2009 5:51 AM
entry (by Virden [OH]) Jul 10, 2009 6:22 AM
entry (by billy [MA]) Jul 10, 2009 6:49 AM
entry (by richard [WV]) Posted on: Jul 9, 2009 9:08 PM
State Specific Question About: WEST VIRGINIA (WV) i have a house in mcdowell county and it was inherited to me. after the lease was up with the tenents, they destroyed property and they had trash all around the back yard which snakes and rats had made there ways in to the trash. there was broken glass and rotten furniture. i can never get intouch with the tenant to come and do repairs to the home. the tenant does not have a phone. so i entered the dwelling unannounced to make measurements to a broken picutre window. they have not payed me any rent for a month and a half but i also don't have a rental agreement. any thoughts?
entry (by John... [MI]) Posted on: Jul 10, 2009 5:51 AM
Um, we need more details here -- and you need to get yours straight.
First, you say that their lease is up -- but then you say that you don't have a rental agreement. Which is it? Either there was a lease agreement or there wasn't. If there was a lease and they stayed, then it would be a holdover situation -- but you'd still have a rental agreement (that lease) in most cases. What did the lease say about holdover situations? Anything? What does your state law say about holdover situations?
In any case, technically, yes, your entry into the property unannounced to measure a picture window probably was illegal. You should have given/posted proper NOTICE that you were going to enter to make repairs at a future date and then done it then.
Why are you allowing people that "destroyed" the property to stay there? Give them proper notice to LEAVE and then, if they don't, EVICT them.
entry (by Virden [OH]) Posted on: Jul 10, 2009 6:22 AM
Serve a cure/quit in your local legal language, you should have posted a 24 notice to enter for anything related to entering, study your state and local laws so you can evict if no rent past the time stated in your lease, most courts acknowledge a one year lease has the same terms after expiration and goes automatically month 2 month, but read your to be sure. --76.241.xxx.xxx
entry (by billy [MA]) Posted on: Jul 10, 2009 6:49 AM
we start eviction on the 5th and think u should too if your state lets u.i would give advance notice somehow im coming if im going inside.i could mail it in the morning of a business day and they would get it the next business day.dont just go in.get rid of trash in back yard.have someone put it in big plastic bags and get a guy with a van to get it out.we just did this.it attracts rodents and may be a fire hazard if things are dry.if u doht have a rental agreement they atr tenants at will.u should always have a rental agreement in writing. --208.58.x.xx