Abandonment (by Kay [AL]) Aug 28, 2009 12:28 PM|
Abandonment (by Mac [NC]) Aug 28, 2009 12:54 PM
Abandonment (by SRM [IL]) Aug 28, 2009 1:43 PM
Abandonment (by myob [GA]) Aug 28, 2009 1:44 PM
Abandonment (by Kay [AL]) Aug 28, 2009 2:57 PM
Abandonment (by reid [KS]) Aug 28, 2009 3:27 PM
Abandonment (by Kay [AL]) Aug 28, 2009 3:31 PM
Abandonment (by Reid [KS]) Aug 28, 2009 3:42 PM
Abandonment (by Virden [OH]) Aug 28, 2009 5:42 PM
Abandonment (by myob [GA]) Aug 29, 2009 5:43 AM
Abandonment (by Reid [KS]) Aug 30, 2009 1:34 AM
Abandonment (by reid [KS]) Aug 30, 2009 1:50 AM
Abandonment (by Baman [AL]) Aug 30, 2009 9:03 AM
Abandonment (by Kay [AL]) Posted on: Aug 28, 2009 12:28 PM
State Specific Question About: ALABAMA (AL)
I have never had a tenant fo this before. She rented my apartment,has been late every month, but always paid until August. She didn't call and I couldn't reach her. Finally I did reach her and ask her about the rent which she kept saying she would pay. She hasn't been to the apartment in 2 weeks (according to the other tenants); the utilities have been turned off because of non-payment and the apartment is full of her belongings. I have given sufficient written notice to vacate but her belongings remain. Do I still have to go to the Sheriff and spend $238.
Abandonment (by Mac [NC]) Posted on: Aug 28, 2009 12:54 PM
Yes and no. If you are going to legally have her removed, off to the court house and pay the money.
If you can contact her, offer her $100 (or even up to the court filing fees) to get her stuff out in three days or something like that. It will come out a lot less expensive for you. --24.136.xxx.xx
Abandonment (by SRM [IL]) Posted on: Aug 28, 2009 1:43 PM
To avoid the court fees, I had them sign a hand written document I made on the spot. Basically said they agreed to by out by DATE and anything left in the premises after that date I could do whatever I wanted with it(garbage). --24.14.xxx.xxx
Abandonment (by myob [GA]) Posted on: Aug 28, 2009 1:44 PM
do it the right way-- here belongings that are worth 1000.oo now will be worth 10,000.00 when she sues the crap outta ya.
Please Please Please--- don't use what other tenants have said-- in fact keep them out of the loop.
Utilities are off -- no movement-- file but you should have filed ASAP -- but since you always allowed her to be late-- when were you suppose to file? Thats the problem with letting people be late.
As the saying goes eventually it will come back and bite you.
Abandonment (by Kay [AL]) Posted on: Aug 28, 2009 2:57 PM
Yes Don...you are right. I was way way too nice to her. I don't usually have to be so FIRM but this lady is extreme. I haven't had to evict anybody in 3 years.I'm going to get back into giving an eviction notice by the 6th day of the month if I don't get rent.Thanks for everyones advice. --24.197.xx.xxx
Abandonment (by reid [KS]) Posted on: Aug 28, 2009 3:27 PM
You'd better get into that apartment ASAP if the refrigerator is yours cause boy are you in for a surprise. --70.250.xxx.xxx
Abandonment (by Kay [AL]) Posted on: Aug 28, 2009 3:31 PM
Thanks, I did that at the beginning of the week. I didn't know the power was off until I went in and the smell threw me for a loop. I moved the frig to the back door while wearing my gas mask & gloves and washed it out wih a water hose. I toldher about it. --24.197.xx.xxx
Abandonment (by Reid [KS]) Posted on: Aug 28, 2009 3:42 PM
In the future you might want to consider an Abandonment clause . Mine reads as follows: Abandonment - if tenants leave premises unocuppied for 5 consecutive days while rent is due and unpaid without notifying landlord in writing , this shall be deemed an abandonment of premises and tenants hereby authorize landlord to take posession of premises and property . Tenants agree that landlord may without liability , enter premises and property take posession , dispose of any tenants property and re-rent premises without recourse by tenants. --70.250.xxx.xxx
Abandonment (by Virden [OH]) Posted on: Aug 28, 2009 5:42 PM
research your local laws on abandonment, if you can find when the utilities were stopped you might try retroactive starting time, go to court and at break time ask a bailiff or judge - you will face a 50/50 answer to your liking. --76.241.xxx.xx
Abandonment (by myob [GA]) Posted on: Aug 29, 2009 5:43 AM
Reid KS--- you can put anything in a lease you want to make it look good and intimidating to the tenant--- i don't believe your advice is sound. you just can't go in and take the property back without-- #1 court action or #2 tenant giving you permission-- that they have left the property-left the keys and are surrendering the property back to you. --74.184.xxx.xx
Abandonment (by Reid [KS]) Posted on: Aug 30, 2009 1:34 AM
It's come up here twice in district Court since I added it to the rental agreement in either 2002 or 2003 I prevailed each time . A local atty reviewed and helped write it for me . And well , so far so good . --70.250.xxx.xxx
Abandonment (by reid [KS]) Posted on: Aug 30, 2009 1:50 AM
As an Aside I just looked over my MTM agreement and Nothing in the agreement has been sucessfully challenged Since I quit using a lease and went to this MTM back in 1999. An I did that because the court would not hold the tenants to the term of the lease . If they up and moved out in the middle of the night had say six months left on lease I'd go to SCC and judge just would not do a thing . So on things like that I've lost and win on other things . I guess it all works out in the end . --70.250.xxx.xxx
Abandonment (by Baman [AL]) Posted on: Aug 30, 2009 9:03 AM
The Alabama legislature changed the LL/tenent laws about 2 years ago. You had better be very careful about entering the property without proper notice and moving anything in or out. Now this is the "catch 22" scenario. About 99% of the time the tenant will not care because they have abandoned it. But what about the one who knows how to scam a LL. All she has to do is claim their was a 10K diamond ring on that fridge and it is now gone. A proper eviction thru the court is the only way to protect yourself. The best way is to meet her personally somehow and get a release from her, signed and dated.