Clause (by BP [AL]) Jan 29, 2023 4:56 PM|
Clause (by Ken [NY]) Jan 29, 2023 5:13 PM
Clause (by Vee [OH]) Jan 29, 2023 5:13 PM
Clause (by BP [AL]) Jan 29, 2023 5:35 PM
Clause (by Robert J [CA]) Jan 29, 2023 6:39 PM
Clause (by DJ [VA]) Jan 29, 2023 9:08 PM
Clause (by plenty [MO]) Jan 29, 2023 9:25 PM
Clause (by Homer [TX]) Jan 29, 2023 9:50 PM
Clause (by BRAD 20,000 [IN]) Jan 30, 2023 12:36 AM
Clause (by BRAD 20,000 [IN]) Jan 30, 2023 12:37 AM
Clause (by BP [AL]) Jan 30, 2023 9:14 AM
Clause (by zero [IN]) Jan 30, 2023 9:26 AM
Clause (by Oregon Woodsmoke [ID]) Jan 30, 2023 12:49 PM
Clause (by Ray-N-Pa [PA]) Feb 1, 2023 5:48 PM
Clause (by BP [AL]) Feb 2, 2023 7:33 PM
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Clause (by BP [AL]) Posted on: Jan 29, 2023 4:56 PM
Just getting everyone opinion and thought I was thinking of adding a clause in my lease that states if tenant is sixty days late or more paying rent tenant give landlord the right to use tenant personal item IE : Car,Boat,Tools ETC as collateral for unpaid rent.Just wondering if this would be something that worth adding to my lease and can it be legally enforce what are your thought. I give a notice to pay or quit on the 6th which state if rent is not paid within 10 days of receipt of this notice I file eviction.This clause is for the tenant who like to play hide and seek. Thanks for any input. --99.102.xxx.xxx
Clause (by Ken [NY]) Posted on: Jan 29, 2023 5:13 PM
If you give an eviction notice on the 6th wouldnt you be able to have them evicted before day 60? I dont think that would be legal,get a judgment during the eviction and go after them legally --74.77.xx.xx
Clause (by Vee [OH]) Posted on: Jan 29, 2023 5:13 PM
I know for certain it would be useless here in OH, must advertise for 3 newsprint (legal newspaper bi-weekly), then announce an auction in the same method - and hire licensed auctioneer to hold auction 2 times if needed. I guess you would be there to bid and then claim title in 30 plus days - all the time the camper - boat - rusty hotrod stays in the driveway, what if they sell the property after you have invested 600bux and 80 days before the auction? --76.190.xxx.xxx
Clause (by BP [AL]) Posted on: Jan 29, 2023 5:35 PM
Thanks Ken,And Vee for your input Sitting here watching the game and brain storming.Ken The court is slow in my area may take more than 60 days to get a court date. Vee Alabama not sure if I would have to hold a auction.The Clause would be in the lease for tenant to sign and agree at lease signing or upon singing a new lease renewal.Thanks --99.102.xxx.xxx
Clause (by Robert J [CA]) Posted on: Jan 29, 2023 6:39 PM
Not exactly the right items to talk about, "Tenants property".
In one of my commercial lease's, I have a clause that states, if the Restaurant fail to pay any monthly rental payments, then their "reserved" mall parking spots can be used by other visitors to the mall. They have around 30 spots labeled for their patrons only. I have locking canvas bags that I can hang and lock over these signs that say "Mall Parking". --47.149.xxx.x
Clause (by DJ [VA]) Posted on: Jan 29, 2023 9:08 PM
It really depends on your state's laws.
Ken - evicted before day 60?! HA! You are blessed with a speedy, efficient court system --68.229.xxx.xxx
Clause (by plenty [MO]) Posted on: Jan 29, 2023 9:25 PM
Image this is a form of self eviction. And not allowed. Some Personal property has titles soy guess is this is not a good idea. --172.58.xxx.xxx
Clause (by Homer [TX]) Posted on: Jan 29, 2023 9:50 PM
If you are waiting 60 days to get paid rent, then there is a serious problem. We issue the 3 day notice on the 3rd. File eviction on the 7th or 8th, depending on weekends. Court is typically 3 weeks later, then set-out about 7-9 days later. We do have a clause in our lease, that’s legal in Texas, for the landlord to come in and take certain non exempt items. Following state law of course and placing a list in the door as to what we took. This clause has to be underlined in the lease. Now in all honesty in 20 years, I have never exercised my right to take those things. I would prefer to begin eviction asap. Out of a few dozen filings only two went all the way. Most pay up and get right after the filings start. --47.32.xxx.xxx
Clause (by BRAD 20,000 [IN]) Posted on: Jan 30, 2023 12:36 AM
I suggest tighter management rather than worrying about their stuff.
A quick check of the inter-googs tells me Alabama does not require a five day grace period. So step one - get rid of the grace period. It only hurts you and does not really help the resident. It slows down your ability to collect rent or evict.
Next. For years we have had great success collecting by sending a simple text that says “ Your rent is unpaid. This is your only notice to pay $XXX within three days to avoid sheriff eviction and lockout. Reply when paid. “
Simple. It works. They pay. Problem solved.
ZERO TOLERANCE on lates. This way they only owe a little. NEVER let it grow. Never.
If they cannot pay we automatically put them on weekly. They can borrow $200 from Granny to stay current while tney wait for the bank to “un-mess their account “
Also, autodraft the rent, never WAIT and HOPE they will pay you before fixing their transmission.
Regarding taking their stuff: my state law is clear that we cannot touch their personal property and we cannot hold it hostage for payment such as items left at move out.
I have been told that in Texas the landlord can walk in and carry out their TV but I have also been told that Texans have guns!
Clause (by BRAD 20,000 [IN]) Posted on: Jan 30, 2023 12:37 AM
Used stiff is seldom worth much.
WalMart sells 62” flat screens for $275.
Clause (by BP [AL]) Posted on: Jan 30, 2023 9:14 AM
Thank every one for your response also removing the grace period. --99.102.xxx.xxx
Clause (by zero [IN]) Posted on: Jan 30, 2023 9:26 AM
My area says that once they are out, per court order, they no longer have stuff in the rental. It all becomes mine. Most times this is unfortunate as people don't leave good things, just junk.
Does this go against the state, or do you just mean when they move out on their own before eviction is over? --107.147.xx.xxx
Clause (by Oregon Woodsmoke [ID]) Posted on: Jan 30, 2023 12:49 PM
I don't think it would fly, but check with a good real estate specialist lawyer in your area. --76.178.xxx.xxx
Clause (by Ray-N-Pa [PA]) Posted on: Feb 1, 2023 5:48 PM
You can put any clauses into your lease that you want.
If you want to put in a clause that allows you to shot all deadbeats - go ahead. Will that clause get you out of trouble? Nope I think you are asking for even bigger problems by training your tenants that being 59 days late is alright.
Ask your banker how many days is it okay to be late paying your mortgage. The correct answer is it is never acceptable to pay late........
So within your lease, what clauses do you have that help train your residents that paying late is not acceptable? --24.101.xxx.xxx
Clause (by BP [AL]) Posted on: Feb 2, 2023 7:33 PM
Ray-N-Pa I give a notice to pay or quit on the 6th which state if rent is not paid within 10 days of receipt of this notice I file eviction.This clause is for the tenant who like to play hide and seek. Thanks for any input. --99.102.xxx.xxx
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