What would you do here?

Yesterday I posted a P/Q notice on the door of my only PITA tenant. This is a tenant that will not pay rent unless I post a P/Q notice on her door and this is what makes her a real pain. This is the tenant that I tried to evict but the eviction backfired on me when the judge dismissed the case.

In past months, when posting this notice, I would always hear her dog barking up a storm whenever I got within 10 feet of her door. Yesterday I did not hear a dog barking and this created a thought that said "I wonder if she has skipped out on me " which I would consider a dream come true. So, I started looking for additional evidence that she may have moved out. When you have been a LL for many years with numerous tenants,...you just get a 'feeling about certain situations' when something does not seem normal.

Today, I will go back and see if the P/Q notice has been removed from her door. If yes, then she has not moved. If it is still taped to her door, I will attach a '24 hour Notice to Enter' sign on her door and I will open that door (legally) on Friday.

How would you handle this same situation? With my tenant pool, skipping out is quite common but I still need hard evidence they have actually skipped.

--71.207.xxx.x

What would you do here? (by NE [PA]) Posted on: Jan 20, 2022 9:30 AM
Message:

I’d get a waiver of notice to quit in my lease so I wouldn’t have to run around posting PQ’s on doors. That’s how I’d handle it. --24.152.xxx.xx

What would you do here? (by Tony [NJ]) Posted on: Jan 20, 2022 9:31 AM
Message:

A call to the power and/or gas company to see if utilities are shut off.

Read electric, water, and gas meters outside the building for usage.

Talk to neighbors across the street. Ask if there's been recent activity, move-out, etc.

Good luck. --73.215.xxx.xx

What would you do here? (by Allym [NJ]) Posted on: Jan 20, 2022 9:44 AM
Message:

You are doing it right. Mail a certified letter to her with the PQQ notice and see if she signs for it. If not, that's a clue. A faster way but not cheaper would be to order a florist plant and have it left on the doorstep. She would certainly bring that in if she is there. --108.24.xx.xx

What would you do here? (by Roy [AL]) Posted on: Jan 20, 2022 9:44 AM
Message:

NE,

What you are referring to is not legal here. All P/Q notices have to be physically posted on the tenants door either by the LL or a process server.

Tony (NJ) I will check for those items today. I did notice a worn out couch on the street curb which just did not seem normal. The true test of Abandonment will come on Friday. All I have to do is unlock the door and look inside. --71.207.xxx.x

What would you do here? (by NE [PA]) Posted on: Jan 20, 2022 9:46 AM
Message:

Have you paid a really good lawyer to verify that you CANT simply have a waiver in your lease? Or are you working on what someone else said to you? --24.152.xxx.xx

What would you do here? (by Roy [AL]) Posted on: Jan 20, 2022 9:53 AM
Message:

AllyM,

It will be a cold day in Hades before I ever buy flowers for a deadbeat tenant. Opening her door on Friday will tell me everything I need to know. If she has skipped, I will then post an Abandonment Notice (which I got from Brad20K) on her door and then photograph it.

--71.207.xxx.x

What would you do here? (by NE [PA]) Posted on: Jan 20, 2022 9:56 AM
Message:

Is an abandonment notice from Indiana legal in Alabama? --24.152.xxx.xx

What would you do here? (by Roy [AL]) Posted on: Jan 20, 2022 10:04 AM
Message:

NE,

As far as I am concerned it is. Brad20K has a really good one that covers all of the bases. --71.207.xxx.x

What would you do here? (by NE [PA]) Posted on: Jan 20, 2022 10:06 AM
Message:

So if it’s “legal” as far as your concerned, Stick a waiver of notice to quit in your lease and save yourself the gas. --24.152.xxx.xx

What would you do here? (by Robert J [CA]) Posted on: Jan 20, 2022 10:06 AM
Message:

I would check the utility meters that she pays for. Power and Gas. If they have been turned off, I'd consider her gone and then conduct an inspection of the rental -- with a 24 hour notice. --47.155.xx.xxx

What would you do here? (by Ray-N-Pa [PA]) Posted on: Jan 20, 2022 10:11 AM
Message:

Tenants like this one drive me nuts. I love the free late fee money - but they are not worth it to me.

Every November when I hand out rent increase notices for 12/31, I let my problem children know that Uncle Ray is going to give himself a Christmas gift and ask a PITA resident to leave and that they may or may not be on that list.

This allows them a golden opportunity to become someone else's untrainable tenant --24.101.xxx.xxx

What would you do here? (by Busy [WI]) Posted on: Jan 20, 2022 10:21 AM
Message:

Roy, no need to rebuff AllyM. She was just offering ani idea to get you thinking. AND she put a qualifier in there, stating the she KNEW it would be expensive. Tenants, girlfiends, fellow posters on a forum, none of these people like to be chastised or rebuffed just because they offered an idea WHEN YOU ASKED!

AllyM, i thought that was a clever idea. Got me thinking- maybe seal up a package from a delivery, change the address label, and have another P or Q notice in there! Of course, with the amount of porch pirates, could be someone else taking it. And would have to be delivered by someone else ( oh, I am making this too complicated .) And, Roy, this box delivery idea wasn't meant for YOU. Just another idea, going off of AllyM's idea, for others reading this forum. --70.92.xxx.xxx

What would you do here? (by Jason [VA]) Posted on: Jan 20, 2022 10:22 AM
Message:

I’d do just like you’re doing and I’d also peek inside the mailbox to see if it offers any clues. --73.177.xxx.xx

What would you do here? (by Busy [WI]) Posted on: Jan 20, 2022 10:25 AM
Message:

BTW, ANYTIME I want to see what's going on with tenant, I scheduled a maintenance item. easy-peasy.

If I want to know if they have done something, I ASK! Gently, with no rebuffs. --70.92.xxx.xxx

What would you do here? (by Roy [AL]) Posted on: Jan 20, 2022 10:30 AM
Message:

Robert J,

My 24 hour Notice to Enter says the purpose of my visit is to conduct a "Routine 6 month Maintenance Inspection" which I means I need to test your Smoke/CO Detectors for weak batteries.

Ray in PA - Problem children? That is what I have here. Mommy and Daddy have been paying this tenants rent since day one which is why my hefty late fees don't bother her,..someone else is paying that. --71.207.xxx.x

What would you do here? (by NE [PA]) Posted on: Jan 20, 2022 10:34 AM
Message:

Well there’s part of your problem. Sounds like a tenant that should not have been lett in the first place. I’d start calling mommy and daddy every day. Have them keep paying for her even if the unit is empty until she officially released the unit. Tell them that if they don’t you’re going to drag her and them to court. They may not even know the difference. That’s legal as far as I’m concerned.. --24.152.xxx.xx

What would you do here? (by plenty [MO]) Posted on: Jan 20, 2022 10:37 AM
Message:

Don't forget to enjoy lunch on your adventure today! You are doin what I am doing. I have a few in my lease of $50 if a pay or quit notice is posted. Might as well get paid! --172.58.xxx.xxx

What would you do here? (by Roy [AL]) Posted on: Jan 20, 2022 10:44 AM
Message:

Busy,

I did not rebuff AllyM. All I did was state that I would not buy flowers for a deadbeat tenant. Now if AllyM wants to buy a dozen roses for one of her tenants who stiffs her on rent every month, then that is just fine for AllyM. I did not say she should not do this,..only that I personally would never do this. --71.207.xxx.x

What would you do here? (by Kim [TX]) Posted on: Jan 20, 2022 11:11 AM
Message:

NE, As far as I can tell, Waivers of Notice to Quit are peculiar to PA leases and are considered "iffy," even there.

--23.30.xx.xxx

What would you do here? (by NE [PA]) Posted on: Jan 20, 2022 11:21 AM
Message:

Kim, when you file for eviction in Pa, it asks if you provided the tenant with PoQ notice or if the notice is waived as per the lease. This is right on the court paperwork. I filed once and the secretary asked me if I gave the tenant notice and I said no. And then she said I have to and I said no I don’t it’s waived in the lease and I pointed to the box to check on her paper and she said she worked there 20 years and never saw it. There’s that whole “confrontational” thing again that I get berated for here.

I’d recommend anyone check with good lawyers in their states to see the if there’s a way to work this into your leases. Shaves time off the process. As with anything else, it works until it doesn’t.

But in Roy’s case, he only does things that are “legal” as far as he’s concerned. Haha. I don’t know what that means, but it works for him. --24.152.xxx.xx

What would you do here? (by Robert,OntarioCanada [ON]) Posted on: Jan 20, 2022 11:25 AM
Message:

Some rental housing providers are reluctant to run thorough credit checks on all adult applicants where prevention is the best option. There was town in Ontario where the problem tenants used up all rental units in town where trashed out then moved on. More then likely the tenant has found another rental unit where they know how to play the no rent trash out game. In the meantime check out if the lights come on at night along with read electric meter to check consumption. Often it is only being out of the cost of few photo copies of rental applications where they never come back with completely filled out rental applications with identification. In the province of Ontario in a hostile environment vacancy rates in most urban areas are at zero or one per cent on and off where if they do not have a credit score of seven hundred or above they will have to keep looking for keys. I remember when I told someone over the phone to bring back rental application where he blew up then told me about small landlords and large landlords. He told he lived there before where called the previous owner in Florida where he said do not go near him. If rents are reasonable then there should be enough qualified applicants. --67.71.xxx.xxx

What would you do here? (by Roy [AL]) Posted on: Jan 20, 2022 11:34 AM
Message:

NE,

The word Legal is a relative term and what is legal in one state is not necessary legal in another. Possession of an ounce of marijuana is great example.

The first legal document for eviction is called an Unlawful Detainer in my county. No where on this form does it say I can waive the P/Q notice just by having it in my lease with the tenants initials on it. In court, I have seen many amateur LL's get booted out of court when the judge learned that the LL had skipped the 7-day P/Q notice posting. --71.207.xxx.x

What would you do here? (by NE [PA]) Posted on: Jan 20, 2022 11:36 AM
Message:

Just because it’s not on the court paperwork does it mean that it’s not buried in the law somewhere that you can’t waive this particular notice or any physical notice for that matter. It’s just a waiver. It may be less illegal than you assuming the abandon property notice is legal. That’s all I’m saying. Check it out. Why not? What do you have to lose by running it past a really good lawyer? --24.152.xxx.xx

What would you do here? (by 6x6 [TN]) Posted on: Jan 20, 2022 11:41 AM
Message:

Roy, be careful of checking mail boxes. --73.120.xx.xxx

What would you do here? (by Allym [NJ]) Posted on: Jan 20, 2022 1:42 PM
Message:

Thanks Busy and this stuff goes off my mind like water off a duck's back. No impact to psyche whatsoever. --108.24.xx.xx

What would you do here? (by Hollis [MA]) Posted on: Jan 20, 2022 3:09 PM
Message:

Just one point,

If you are going to post something on a door,..you might tape one side to the door,...and the other side to the molding. Then they can't go in without breaking the seal. --66.30.xx.xxx

What would you do here? (by Roy [AL]) Posted on: Jan 20, 2022 3:33 PM
Message:

Hollis,

My P/Q notice was removed which means she is still there and I may even get rent paid this month. I went ahead and posted my 24 hour Notice to Enter since I do need to make a maintenance call. I have not seen this tenant in 2 years and I need to remind her who the big bad wolf is. LOL. --71.207.xxx.x

What would you do here? (by Hollis [MA]) Posted on: Jan 20, 2022 4:25 PM
Message:

Understood,..but potentially they could make a claim that someone else removed it,.SOME judges might even buy that,..

So just a bit stronger,..what we do is tape the Heck out of it from the molding on the door opening side and the door (lots O strong silver tape) Then we take a picture of it,..if needed this seems to impress judges more (again if needed)

It would be very hard to remove it by a passer-by,..(their claim they never got it)

Maybe it doesn't apply in THIS situation, but maybe for other notices,...

--66.30.xx.xxx

What would you do here? (by Mike45 [NV]) Posted on: Jan 20, 2022 5:38 PM
Message:

Roy, I would do exactly what you are doing. Post a Notice To Enter for Inspection (smoke detectors are my preferred excuse, and I bring 9 volt batteries and a step stool with me) to legally enter. Take photos if it looks abandoned.

NE: Some states do not allow a waiver of the Notice to Pay or Quit. You are fortunate if your state allows it. Roy is fortunate that his state allows him to post it himself. NV recently changed the rules and most LLs are not qualified to post their own notices. Nowadays, I have to pay $55 for each Pay or Quit that I have posted by a certified process server.

Tony: A 24 hour notice to inspect is easier than reading meters. And the inference that the T has vacated based on meter readings would still need backup proof by opening the door pursuant to a Notice to Inspect. So it doesn't serve a purpose.

Roy, post your notice of inspection and go in! Take lots of photos/video.

--76.4.xxx.xxx

What would you do here? (by yvonne [KS]) Posted on: Jan 21, 2022 12:09 PM
Message:

You mentioned you have to post a notice every month for this tenant to pay you. We initiated a $20 delivery fee for each time we have to deliver a notice - 1st delivery in a 12 month period is free, $20 for each delivery after that within the 12 month period. This has helped greatly to get those late payers up to speed, as they get tired of paying the additional $20 fee (which is on top of late fees). --70.184.xxx.xx

What would you do here? (by Roy [AL]) Posted on: Jan 21, 2022 12:40 PM
Message:

Yvonne,

Ys, I will add a delivery fee to my future leases. Sounds like a great idea. This tenant is about to get a $50.00 rent increase though. --71.207.xxx.x

What would you do here? (by Phil [OR]) Posted on: Jan 25, 2022 7:15 AM
Message:

If Mom & Dad are paying the rent- why are they not sending it directly to you??? skip the middleman (tenant)

--73.11.xx.xx

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