Tenant Breaking Lease

chickfce · #1 08-06-2005, 12:14 PM

What is the name of your state?What is the name of your state? California

Well it has been a mere 1 week since my last query for advice and things have gone downhill FAST. Today being the 6th of the month, my husband called our problem tenants (who have a lease until Mar. 06) to ask where the rent is. They told him they found a new place to live and are moving out on THURSDAY!! And they have no intention of paying for August rent. While we hated them anyway, we are left with many many questions about what to do next. You may or may not have seen my last posts about the excessive damages we found there last week when we visited. There are several thousand dollars of repairs to be done for which we definately do not have the money. There is no way we can re-rent the house the way it is. We are serving them today with a notice to perform conditions and covenants or quit but I fear it won't do any good since they're leaving anyway. I need lots of advice here and QUICK! Thanks for anything you can share.

ENASNI · #2 08-06-2005, 12:22 PM

California Landlords and other brilliant minds... this landlord needs help.
I have an appointment with a shower... dirty minds... do not go there...

[url]http://forum.freeadvice.com/search.php?searchid=638719[/url]

FarmerJ · #3 08-06-2005, 12:24 PM

If the unit is that badly damaged make sure to file a police report if it one will be accepted if not plan on taking a huge pile of regular pics INC one with local newes paper headline and date and have film proccessor date them then find the money to fix it up and get it done and keep all rects and take new pics after and go file a claim in court against them for the damage. ONCE you have a judgment then pick up your phone book and look for a a Judgment enforcement company or a well known bill collection agency and start shopping to see what firm can get you the best return on the debt and let them go after the former tenant. BTW when you go to clean the unit pay attention to any thing they leave behind that can give you a clue as to where they might have moved to or any information that can be useful to a collector like things with DOB etc. the more info a judgement enforcer has the better the odds are of them hunting them down and making them pay.

chickfce · #4 08-06-2005, 08:34 PM

Thank you for your quick responses. Today we did serve them with the 3-day perform or quit. They told my husband that they are still leaving Thursday even though Tuesday is the deadline. Wednesday morning I intend to be at the courthouse filing paperwork. Here's my question... should I still file unlawful detainer even though I know they will be out (and will this provide for the damages?) or should I be filing something else like small claims? If I file unlawful detainer and they leave, does the case get dismissed? I know I'm in for a long process but I want to be prepared. Thanks again!

klyncher · #5 08-08-2005, 10:03 AM

Wow! I am going through similar circumstances (documented through this forum) with our new deadbeat tenants who just sent us a letter stating they are leavig on 8/31/05 breaking their 6 month lease which started 7/1/05. We are elated that they're leaving. We still intend to file a 5 day notice and proceed with an eviction,sue them and report them to the credit bureaus as well, even if they intended to leave by end of month.You cant trust they will leave and anything can happen where they might have or wish to stay longer. You just dont know until the apt is empty. My suggestions is to go to the court where you have to file anyway and speak to the clerk who will give detail information of the filing process and the options you have with your situation. Thats what we did. You have to be very careful and be on top of every issue and dates/deadlines when filing yourself. I dont know about your state but here in RI if you file too early or didnt send the notice a specific way of delivery you would have to wait another month or start all over again delaying the entire process. IF you cant afford an good attorney or dont wish to hire one, call as many Real Estate lawyers specializing in "landlord/tenant" and get a free phone consultation. They can really provide suggestions/advice and inform you what to expect. Write down all your questions before you call. They dont particularly like free follow up calls (understandably so) , they'll ask you to come in (pay).
I would try to find a way to enter into the unit to get pictures of the apartment. Our tenants called code enforcement on us on the same day we showed up to make some additional repairs. We actually gave them written and verbal notice we were going there and they agreed. After receiving a letter demanding our rent that same day (miscalculated the delivery date) they became irate and retaliated by calling an investigator who is scheduled to go tomorrow Tuesday. We are not very concern because we have made that duplex really nice and made/continue to make improvements. My worry is that they may have broken/damaged something inside to make their case strong/valid. Be careful and try to keep a record of every detail and issue that occurs for your future claim. Good luck and keep us posted.

Desperate landlord(landlady)