Almost Over (by Sorta Blonde [CA]) May 14, 2019 11:41 AM|
Almost Over (by Libi [NY]) May 14, 2019 11:58 AM
Almost Over (by S i d [MO]) May 14, 2019 12:01 PM
Almost Over (by Salernitana [CA]) May 14, 2019 12:11 PM
Almost Over (by JB [OR]) May 14, 2019 12:47 PM
Almost Over (by Sorta Blonde [CA]) May 14, 2019 12:48 PM
Almost Over (by myob [GA]) May 14, 2019 1:08 PM
Almost Over (by melinda [MD]) May 14, 2019 1:27 PM
Almost Over (by Pat [VA]) May 14, 2019 2:01 PM
Almost Over (by Sorta Blonde [CA]) May 14, 2019 2:10 PM
Almost Over (by Sorta Blonde [CA]) May 14, 2019 2:34 PM
Almost Over (by Mike45 [NV]) May 14, 2019 2:56 PM
Almost Over (by Sorta Blonde [CA]) May 14, 2019 4:37 PM
Almost Over (by 6x6 [TN]) May 14, 2019 7:07 PM
Almost Over (by BRAD 20,000 [IN]) May 15, 2019 1:10 AM
Almost Over (by CDM [CA]) May 15, 2019 2:17 AM
Almost Over (by Sorta Blonde [CA]) May 15, 2019 9:54 AM
Almost Over (by Vee [OH]) May 16, 2019 9:36 AM
Almost Over (by Sorta Blonde [CA]) May 16, 2019 11:30 AM
Almost Over (by plenty [MO]) May 16, 2019 12:07 PM
Almost Over (by WL [CA]) May 16, 2019 2:04 PM
Almost Over (by Sorta Blonde [CA]) May 26, 2019 7:53 PM
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Almost Over (by Sorta Blonde [CA]) Posted on: May 14, 2019 11:41 AM
My saga with the Tenant who never paid rent is almost over. Filed a formal Eviction, did it myself as I couldn't afford a lawyer with only half my monthly income. Followed all the 'help' pages on our local court site, got the forms (filled out on the site, nice) and with a load of help from the filing clerks, managed to do everything needed to go to court. Judge handles ONLY Unlawful Detainer cases and she was awesome. Scary trial when you are the ONLY one without a lawyer. Judgment in my favor, Lock Out by Sheriff is this week. Tenant is not moving at all, still doing her normal routine, not paying a dime for 4 months, I'm still paying her excessive water use and now had to take over the Trash bill since they were going to pot a lien on my property due to her not paying a penny since Dec 1. I'm going to enjoy watching the Sheriff toss her out and hope she doesn't do this to another Landlord, but after 6 previous evictions (mine is the 7th and no, I had no idea before it was too late) I think she will just continue living free.
Almost Over (by Libi [NY]) Posted on: May 14, 2019 11:58 AM
Hope itís all over and will never repeat again. --174.203.x.xxx
Almost Over (by S i d [MO]) Posted on: May 14, 2019 12:01 PM
We've all been there, and we all learned our lesson. To quote a long-time poster here, "Screen 3x effort."
Do not get upset or gleeful. My recommendation is to detach yourself emotionally as much as possible. Glee can give way to sorrow if you look too pleased with yourself and the tenant decides to return later to throw a brick through your windows to spite you.
A few thoughts from someone who has been in the trenches a while...
1) Hire some movers. The Sheriff is there to observe and keep order: you're responsible for getting her stuff out if she doesn't. Look for Craigslist "rental clean out" or try the local day-labor agency.
2) Hire the cleaners. It will likely be a mess. I've seen folks try to "save" money on cleaners only to take 2-3 weeks to get it all done. Loss of rent due to vacancy is often more expensive than just paying someone to get in there and get it done. Plus it's demoralizing to clean the filth of someone who stiffed you rent.
3) Make sure you still do the security deposit accounting. Even if they aren't getting a penny back and owe you money. Send it to last known address in the time frame your state requires. It's tempting to "just keep" the deposit when you know how badly someone messed you over. Don't get lazy. Follow the law.
Best wishes on get it ready to re-rent and finding a responsible tenant! --173.20.xxx.xxx
Almost Over (by Salernitana [CA]) Posted on: May 14, 2019 12:11 PM
Thank you very much for sharing what happened, and I'm relieved and elated that you won your case by yourself. I would be curious about what the tenant does after the Sheriff shows up at her place. She is so unrealistic and in denial.
To help your psyche and soul, perhaps you can make a list of what steps to take next. You can call a locksmith immediately to change locks. It's a great time to have an open rental especially if your place is in a good school district. For your next tenant, you can start doing research on this forum to figure out how to get a good-paying tenant now that you're wiser and a survivor too.
Best of luck, and please share what happened. --73.93.xx.xx
Almost Over (by JB [OR]) Posted on: May 14, 2019 12:47 PM
Congrats and well done! Keep us posted on how it goes with the lock out (and set out if necessary).
Almost Over (by Sorta Blonde [CA]) Posted on: May 14, 2019 12:48 PM
Thanks guys. I really appreciated all the help I got in the past months from seasoned Landlords. Really gave me something to go on when filing the UD. And thanks Sid, got the 'moving' under control. She has practically NO furniture and I've got a huge 30x12 storage room right next door. Easy peasy. Also have a proper "15 day reclaim your belongings (ca law) with instructions that anything left will be disposed of and no compensation for her. Getting rid of things on my street is so easy. Put stuff out front of my fence, put up a FREE sign, and in 1/2 - 1 hour everything disappears (except the sign). People are used to me giving away stuff and look for it on the way to shopping.
Got the cleaning crew on speed dial. I'm not about to tackle a toilet or tub. Yuk! But she's a OCD clean freak and I'm assuming she will leave everything fairly nice. She did manage to GOUGE an entire window ledge ON VIDEO trying to prove MOLD. I'm going to have to fix that. The Judge reaction to seeing my Tenant with a huge screwdriver, prying up a 4 inch wide window sill and tearing it away from the aluminum windows was priceless! Judge kept saying, "It's a 1951 OLD house and I don't see any mold." Good for me. As for the Security Deposit, not a problem, I had to use that for February's rent to cover my mortgage so it's not an issue. If she claims she is due anything, I have proper documentation that she agreed to my crediting it to February and therefore has NO security. I only did that because she was supposed to move out (on her own say so) the 1st week in March. Fooled me. Yep, never will believe a Tenant again. No security means I will just have to deduct repairs/expenses on my income tax. AND as for the locking out bit, I bought 2 of those "metal clamshell doorknob cover" locks. That's all I need for a 30 second lock out of 2 outer security doors. The rest I can do on my own. I installed all 8 knobs and deadbolts myself. Easy to do. I'll just replace them with 'rekeyable' ones like I have on my other rental. Dad didn't have any sons, so he taught me everything. Lots of stuff I can do except avoid an Evil Tenant like this one. Oh the lessons learned! --68.8.xx.xxx
Almost Over (by myob [GA]) Posted on: May 14, 2019 1:08 PM
Sorta-- well it's not over til the fat lady sings according to yogi! As much as I'm with you on the satisfaction side of putting deadbeats stuff out-- when it really happens you gotta keep asking yourself--WHO would want that-- your stuff on the street. I can never understand it-- and I do a lot of these.
The bigger problem I see-- u used the security dep for the rent in February-- was that done with a consent agreement and the court? Here in our state you would be in violation if you use the security for rent and follow thru with the setout. You have to swear under oath that to get the Writ you HAVE NOT ACCEPTED ANY MONEY???? Period. When you go to court you said no rent- judge finds for you and then you take rent-- no matter how much-- you've taken rent and therefore they don't owe you what you said.
Word to the wise-- be careful what you say-- you could be the one in jail for lying to the court. JUST saying! --103.27.xxx.x
Almost Over (by melinda [MD]) Posted on: May 14, 2019 1:27 PM
We had one nonpaying tenant sit on her sofa during her eviction. I had to tell her to start putting her stuff in her car. Wonder what she though was going to happen to all of her things that were being put out on the street? --24.233.xxx.xx
Almost Over (by Pat [VA]) Posted on: May 14, 2019 2:01 PM
In 30 years of being a landlord, we had our 1st setout last year. Guy & his wife had rented from us about 4 years. They split up & she asked me to let him stay (& her sister) Yuck. Should have told her to get him out then, cause it went steady down hill. We live & learn. A lot is still guesswork & luck. (Will their jobs last? etc.)
It sounds like you've been through a lot and I'm sorry but you've handled it well and it didn't break you!
Sounds like she's a pro so be careful and I'm glad it's almost over.
Almost Over (by Sorta Blonde [CA]) Posted on: May 14, 2019 2:10 PM
Yep myob, got it all handled nice and legal. Judge has a copy of the Rental Agreement (entire 21 pages, everything but the kitchen sink included) which spells out that the Security Deposit can be used by mutual agreement to cover rent. I had a voluntary move 30 day move out from her and believed when she said she would leave March 1. I used the Security with her approval and in writing on Feb 2. We discussed it in court and Judge approved my petition and awarded March and April's rent. I didn't file the case until April 8th with all the proper notices included and properly served on April 2nd. No money after that despite her trying to give me March's rent (as a kind gesture she said) So if she wants to complain now, she has to pay me back February's rent, and then I will credit her with a Security Deposit. Defeats her purpose, as then I could DEDUCT from her Security. I doubt she will do it, but then again, she's made some really big mistakes in court already (like mouthing off to the Baliff). Yes she did! She had bolted from the courtroom just as our case was being called. Baliff went to get her, and she wasn't pleased. Made quite a scene. Was fun to see. Right during another case being heard. So then instead of our case, the Baliff called the NEXT case under ours. She was doubly vocal on that one. AND just before that, her Cell Phone rang (loudly) and the Baliff almost grabbed it. First rule of court, no cell phones. I'm guessing the 'bolting' was to answer the phone call. Then after the Judgment and Writ, she called an Ex Parte to plead for the Judge to overturn the verdict and/or award her more tile to move. She already had since Feb 2nd. Geez. Judge asked if she could pay the daily rate for the days she wanted to stay and of course she had NO money. Judge asked me If I would allow her a little more time, and I pratically shouted, "Absolutely Not!" End of Ex Parte, except when she tried to tell the Judge that I had lied and that she had paid all her rent including May! My mouth fell open, literally. Not kidding. She was waving a piece of evicence I had to provide her, that had the rent receipts that she didn't pay and she was trying to say they proved she paid every panny. Like a Perry Mason Moment. Yep. Judge told her to consult a lawyer and we were done. I'm still reeling from the whole ordeal but I'm looking forward to next week when I have an empty house. --68.8.xx.xxx
Almost Over (by Sorta Blonde [CA]) Posted on: May 14, 2019 2:34 PM
Sorry about the typos in my previous post. I type way too fast! Didn't proof it. Oh well. --68.8.xx.xxx
Almost Over (by Mike45 [NV]) Posted on: May 14, 2019 2:56 PM
I would still provide a Security Deposit Accounting, showing that the SD was applied to Feb rent and that the SD balance is zero.
I no longer know CA's personal property retention laws, and whether you can simply do a set-out of the stuff. I sort of recall that you need to keep it for a while. I hope Moshe chimes in.
I would probably do a video of the contents of the unit prior to moving anything out.
Almost Over (by Sorta Blonde [CA]) Posted on: May 14, 2019 4:37 PM
Thanks Mike, I've got all the written and signed documentation on that security deposit use. Judge already saw it. Didn't have a problem. If my ex Tenant wants to bring it up again, I only need bring the same paperwork the Judge ruled on.
Property recovery law after a Lock Out allows 15 days to pick everything up if you serve the notice in person. It's 18 days if you mail, or email, or phone it. I'm going for the 15 day. I have to safeguard the property for that time. After time is up you can dispose of it any way you want provided it's not worth more than $700. That's another matter. She doesn't have even $500. worth of anything. 3 beds, 2 dressers, a desk, a kitchen table, 2 TV's oh and the SNAKE. Yeah, she moved in with a snake. Never saw it don't want to. Ugh. Then all the little stuff. She will probably claim massive diamond jewelry, electronics, rare art work and all that. She has nothing. Been from home to home eviction to eviction since 2008 and I'm number 7. Not a good life, feel sorry for the kids (well 18 and 27 aren't really kids). They know the routine by now. I don't think she's learned anything except better ways to con people out of rent. --68.8.xx.xxx
Almost Over (by 6x6 [TN]) Posted on: May 14, 2019 7:07 PM
I am glad you are getting this resolved. Hope all goes well. Just make sure you screen well for next ones. --73.120.xx.xxx
Almost Over (by BRAD 20,000 [IN]) Posted on: May 15, 2019 1:10 AM
Congrats! I can see you growing with each post.
Unless CA is different than most states the Written Deposit Settlement is to be delivered AFTER she's out, no matter what you showed the judge earlier.
Send her the move out cleaning checklist. That's what we do. She might surprise you and clean! or even leave early.
Keep calm and let the system roll. Watch what you say.
I suggest a call to the sheriff's office and talk with the deputy who will handle the lock out. He's your best friend right now and do everything he says.
Keep us posted!
Almost Over (by CDM [CA]) Posted on: May 15, 2019 2:17 AM
You need to send a security deposit accounting to her within 21 days after moveout. Do this even if you already used the security deposit and the judge already saw your agreement, because that's what the law says the LL needs to do. Cover your backside and avoid the chance of even more trouble. --73.231.xxx.xxx
Almost Over (by Sorta Blonde [CA]) Posted on: May 15, 2019 9:54 AM
OH good idea about the letter of Security! I never thought of that. I'm preparing one now so it's ready to send. The 21 day limit I knew but didn't think about it. Gotta start typing and also do an inventory of everything she leaves especially if it's a lock out by the Sheriff and she's not going peacefully. Taking mega pictures of everything in and around the house. 8x10 glossies impressed the Judge at our trial.
Yep, Sheriff is in touch with me as to when they will appear with instructions to not tell the Tenant. Interesting activity at the house (which is right behind mine) all night. Kid didn't go to 'work' today. He always leaves at 6 am for his training program. Waiting to see what happens next. Maybe a U-Haul will drive in? Nah...too normal for this mess.
I'll report when I can about anything interesting. I'm just keeping on my toes with the court since she might file another Ex Parte and I will have to rush off to the hearing. Not a good thought as I've done it before and it's a major hassle. She's sneaky. --68.8.xx.xxx
Almost Over (by Vee [OH]) Posted on: May 16, 2019 9:36 AM
I think you should review the accounting statement, from what I have read the balance will be underwater, which you maybe able to recover if you follow collection guidelines, get everything ready to roll in October so you can petition the IRS December for a refund coming in 2020. --76.188.xxx.xx
Almost Over (by Sorta Blonde [CA]) Posted on: May 16, 2019 11:30 AM
Well today was to be the 'Sheriff lock out'. Not going to happen since the Mom pulled one last trick. She knows them all and is getting pretty good advice from somewhere as to how to stay free as long as possible. When I rented the house to this family, the Mom insisted (and provided SSI paperwork) that her adult son has a mental disability. I took her word for that, given she was the 'payee' on the SSI account. So I didn't have him fill out an application (even though he was an adult) and she said he couldn't sign anything so he is listed only as an occupant on the Lease. NOW she decides on lock out day, that she will fill out and have the son sign the Prejudgment Claim and file it with the Sheriff. That completely stopped the eviction. Yep. Smart gal. So then I had to rush into the downtown court (1 hour by trolley each way) and file an Ex Parte emergency hearing to explain to the Judge why the duality of the stories about her handicapped/vs totally able to fill out complex forms son. Can't have it both ways. Sheriff was nice enough to give me a 2 hour window to get to the courthouse before the paperwork would be there. Love that one. So then Mom informed me that she now has 17 extra FREE days to live in my house. 2 days to file the actual paperwork for the Prejudgment paper and 15 days for the actual hearing date to be set by the Judge. She's right for the most part. Although she isn't aware that if she wants the extra 15 days, she will have to deposit the per diem rent for those days in a court account. She will find out soon enough. My Ex Parte is tomorrow, it's her last day to file all paperwork for the Prejudgment. Worst case scenario, the whole case is invalidated and I have to start the eviction over from the beginning including the son (who can't sign anything) to the complaint. I'll do it if I have to. Nobody has paid any rent since January 4 and if I have to file again, it should be so simple now that I know all the things I need. My hope is that the Judge sees the paperwork from the son and compels him to appear in court to explain. He won't be able to explain without Mom talking for him. Besides, he wasn't an 'unknown' tenant at all, he was on the lease from the beginning. I'm very very depressed, but not giving up.I'll update when I get some answers. Hopefully, the Judge will just see the Prejudgment papers and DENY them outright because he's already on the lease from day one and not someone who just sneaked in. Arrraaaaghhhhh! --68.8.xx.xxx
Almost Over (by plenty [MO]) Posted on: May 16, 2019 12:07 PM
Bummer! You are certainly are getting an education on what and how things happen. You'll certainly never be duped this way again. And the knowledge you are gaining to help others is of value too. Hang in there. She may get a few more days but here is the bottem line... SHE IS MOVING! lunch on! --66.87.xxx.x
Almost Over (by WL [CA]) Posted on: May 16, 2019 2:04 PM
My experience is that you have to get all their stuff out as fast as possible otherwise they will break in later at night. Once all their stuff is piled in the backyard, then they realize they no longer live there. My typical evictee is due to drugs, so my experience with tweakers may not apply here. Have a clean up crew lined up to haul out all the furniture and whatever and "store" it outside and tell them to haul it away to their dad's house or storage unit . . . --201.140.xxx.xx
Almost Over (by Sorta Blonde [CA]) Posted on: May 26, 2019 7:53 PM
So the hearing to figure out if the son was legally a tenant or not and if the 'claim of possession' was valid or if I had to start all over from the beginning, was hijacked by the defendant when she said she was filing a motion to be her son's 'guardian ad litem'. I objected because she is already her son's guardian per the SSI grant paperwork where she is his Payee and in charge of his finances. BUT the Judge granted her 2 more weeks till the next hearing so she could apply for guardianship whatever. And it's all FREE. No money in my pocket. This makes month 3 of no rent, going into month 4 by the time we have the June 3rd hearing. I have no idea what will happen at the hearing. Judge did ask the defendant if her son was 'disabled' and got no answer, and asked again, got some stuttering and avoiding, and the Third time asked more forcefully and defendant finally answered, yes. OK it's on the record that he's disabled (mental disability per mom to me in the beginning) Mental age of 12 so she told me, which is why I didn't have him sign the rental agreement. How could I? I have no first hand knowledge of his condition other than what mom tells me and I can't ask or I'm in violation of several laws that protect disabilities. So I'm on a short hiatus waiting for the court hearing and worrying like crazy if the Judge will find HIS claim to possession valid and make me start all over with eviction proceedings against just him or mom and minor son who I already have a judgment against. Scared to death this will just drag on for 3-4 more months with me getting no rent and I'm more than desperate for income. Awful situation, never will rent to anyone again just because they seem nice and just got a huge (49k tax free grant) to move from her previous place. Don't know what she did with all that cash, but I sure didn't see it and that was the prime reason I rented to her. Company who paid me the first month and security sent me paperwork verifying the amount and that she was paid enough for 3 1/2 years of rent. Evil Tenant, I believe she did this on purpose knowing I was a nice person and intended to do just what she is doing to stay here free forever. Application looked OK, employed, OK income, etc. blut later I found out she lied about almost everything and she had already moved in. Won't give up, I will keep trying. --68.8.xx.xxx
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