Deposit Increase (by Alex [GA]) Sep 18, 2022 6:52 PM|
Deposit Increase (by Beverly [NJ]) Sep 18, 2022 7:48 PM
Deposit Increase (by Robert J [CA]) Sep 18, 2022 8:23 PM
Deposit Increase (by Hoosier [IN]) Sep 18, 2022 8:57 PM
Deposit Increase (by dino [CA]) Sep 18, 2022 9:57 PM
Deposit Increase (by Alex [GA]) Sep 18, 2022 10:32 PM
Deposit Increase (by Ken [NY]) Sep 18, 2022 11:14 PM
Deposit Increase (by BRAD 20,000 [IN]) Sep 19, 2022 1:21 AM
Deposit Increase (by Ray-N-Pa [PA]) Sep 19, 2022 8:11 AM
Deposit Increase (by Alex [GA]) Sep 19, 2022 8:59 AM
Deposit Increase (by Hoosier [IN]) Sep 19, 2022 9:11 AM
Deposit Increase (by Alex [GA]) Sep 19, 2022 11:23 AM
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Deposit Increase (by Alex [GA]) Posted on: Sep 18, 2022 6:52 PM
I had to evict a tenant for not paying rent. He will probably pay all dues in court but avoid eviction. (His job is nearby and he does not have a car. Plus my rent is affordable so he may not leave).
1. Do I really have to keep him? I want him gone but I want to make sure I get money that he owes. That is, would I be able to evict him and still get to keep the rent he pays me at the court?
2. If I end up renting him, I want to make sure I increase his deposit. This is to build cushion in case he does not pay again. It is very hard to get a court date and he may just not pay and vanish getting a free month's rent. Can I ask more deposit as a condition of tenancy to continue?
Deposit Increase (by Beverly [NJ]) Posted on: Sep 18, 2022 7:48 PM
This answer depends on you state rental laws ... here in NJ should the tenant show up at court on trial day - they have the opportunity right then and there to pay the rent that is due plus late fee ... should they no show then the landlord can go to another room and file paperwork & pay ( again) for possession.
Toget tenant out all depends on lease - if month-to-month present with 30 day ( or what ever the state dictates )letter for them to go - if a year lease hopefully it is near the end.
As for increase again depending on your state - in NJ we can only ask for equal to month and a half in security - $1000 rental fee = most security is $1500
Read the rental law fr your state for us here in NJ should we not adhere to the rental laws .. the penalty 100% benefits the tenant --69.127.xx.xx
Deposit Increase (by Robert J [CA]) Posted on: Sep 18, 2022 8:23 PM
I had a tenant that didn't want to pay me the rent. He threatened he and his family (wife and 2 kids) were going to move! I said, "You can't move you haven't give me your 30 day notice"!
So he wrote a 30 day notice of moving and gave me his last rent check. He had no deposit on file.
Then 10 days later he said, "I can't move, rents are now going for double"! I told him he was mistaken. That since he was under rent control and his unit was a 2 bedroom with a convertible den, it's really a 3 bedroom with 2 parking spots.
He said exactly. He has to stay.
I told him I'm sorry. When you gave me your 30 day notice, I rented out your unit to a neighbor next door that will move in on the 1st of the next month.
So my tenant had to leave or pay my extra loss of income. --47.156.xx.xx
Deposit Increase (by Hoosier [IN]) Posted on: Sep 18, 2022 8:57 PM
Too much going on here, too many questions to give you good answers.
1) How long was the initial lease? When did it start? How is your lease stated as to what happens at the end of the lease?
2) You said you had to evict but then ask if you have to keep him, this makes no sense.
3) What do your state laws say?
You need to provide much more information. Why would you want to keep this person if he's not paying...just do the eviction and find a better tenant. --99.92.xxx.xxx
Deposit Increase (by dino [CA]) Posted on: Sep 18, 2022 9:57 PM
The sad reality in many states is that LL will be faced with the choice of having to eat the rent loss in order to obtain possession.
That is unless your tenant has some assets you can attach or wages you can garnish.
If you must allow tenant to stay if tenant pays in court, that's the law. Only suggestion would be to confirm with good landlord attorney. Maybe you can find loophole.
Deposit Increase (by Alex [GA]) Posted on: Sep 18, 2022 10:32 PM
I may end up losing the rent if he does not show up. I will get the property back but he got a free ride for nearly month and half. (Because that much time the court takes to schedule a hearing). Then the tenant gets 7 more days after I file for Writ of Possession. The only way for me to recover my money is to garnish his wages. How easy is it to garnish wages? --99.98.xxx.xxx
Deposit Increase (by Ken [NY]) Posted on: Sep 18, 2022 11:14 PM
Assuming your state allows wage garnishment and you know where he works it is pretty easy,at least in my state.Call the sheriffs civil office,that is who handles it here,i fill out a form and bring it to the sheriff and they serve it on the employer who eventually starts taking 10% out of his check and seds it to sheriff who then sends it to me --74.77.xx.xx
Deposit Increase (by BRAD 20,000 [IN]) Posted on: Sep 19, 2022 1:21 AM
Can you sue for the debt owed?
Me? If he cannot keep up with rent I don’t picture him having money to give you more deposit.
If they cannot keep up now realize he will not be keeping up later.
He needs to go. Find a home he CAN afford…or start stiffing another LL but not ME!
Deposit Increase (by Ray-N-Pa [PA]) Posted on: Sep 19, 2022 8:11 AM
Typically as a Landlord, you can't have your cake and eat it to. When you filed for eviction did you only list money owed as a reason for the eviction action?
If that is the only thing you asked for, it seems like you are asking the judge to give you even more now.
Why would a tenant pay you rent, if you are planning on booting them? Why would you want them if they are having trouble paying now? Think they can do more damage to your unit than simply the money owed? Now is the time for you to learn from what you did or didn't do so you can improve. process improvement means making more money in the future.
Hopefully he is collectable. Is he/she?
Deposit Increase (by Alex [GA]) Posted on: Sep 19, 2022 8:59 AM
Yes, I know where he works. So once I get money judgement, all I have to do is fill out a form and hand over to Sheriff, is that it? Sounds simple.
Yes, he needs to go and I will get him out at an earliest opportunity. But I want to recover all money and damages through garnishments.
If judge asks me whether to evict him then I would say yes, but what if he offers to pay rent in the court? Would I be able to keep the check and still able to evict?
Deposit Increase (by Hoosier [IN]) Posted on: Sep 19, 2022 9:11 AM
My attorney charges 20% of what he recovers to “chase” and garnish. You can do it yourself, but there are court filings required so lots of legwork. I’ve had good success with garnishment but there are risks…
If tenant files bankruptcy
If tenant changes jobs
If tenant had other court ordered payments such as child support --99.92.xxx.xxx
Deposit Increase (by Alex [GA]) Posted on: Sep 19, 2022 11:23 AM
How far can I go to recover previous judgements? 1 year old? 2 year old judgements?
I never pursued the garnishments and moved on just because it was not worth chasing for $800. --99.98.xxx.xxx
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