Landlord has had enough

[GetOutOfMyHouse]

Thanks in advance for any assistance.

I own a duplex.

Tenant was short $100 in August. No rent paid in September. No rent paid in October.

Many statements were made by tenant in that time to the effect of "I will pay you Tuesday", "I already sent the check" blah blah blah.

Last night the tenant said that she would be at my house today at noon with payment. Noon came and went. At 4:00 I went to the house and posted a three day notice on the front and back doors of the house. When I got back home, wife tells me that tenant called in the meantime saying she was "on her way over". Again, she has not showed up.

The tenant has stated in phone messages that she wants to apply her security deposit as the last months rent, and she will be out at the end of the month. I have no problems with her leaving at the end of the month, but I have a very big problem with using the security deposit as the last months rent. Therefore, on the three day notice I stated that the amount owing was $100 (leftover from Aug. Rent) + $550 (Sept. Rent) + $550 Oct. Rent) + $240 in late fees to date ($30 per month). Total of $1440. There was also a reminder in the notice of her commitment to vacate prior to November 1.

My question is, what are my options at this point? What do I do when the three day notice time has expired? What information will I need to have in case of a small claims court case? What do I do now?

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by GetOutOfMyHouse:
Thanks in advance for any assistance.

I own a duplex.

Tenant was short $100 in August. No rent paid in September. No rent paid in October.

Many statements were made by tenant in that time to the effect of "I will pay you Tuesday", "I already sent the check" blah blah blah.

Last night the tenant said that she would be at my house today at noon with payment. Noon came and went. At 4:00 I went to the house and posted a three day notice on the front and back doors of the house. When I got back home, wife tells me that tenant called in the meantime saying she was "on her way over". Again, she has not showed up.

The tenant has stated in phone messages that she wants to apply her security deposit as the last months rent, and she will be out at the end of the month. I have no problems with her leaving at the end of the month, but I have a very big problem with using the security deposit as the last months rent. Therefore, on the three day notice I stated that the amount owing was $100 (leftover from Aug. Rent) + $550 (Sept. Rent) + $550 Oct. Rent) + $240 in late fees to date ($30 per month). Total of $1440. There was also a reminder in the notice of her commitment to vacate prior to November 1.

My question is, what are my options at this point? What do I do when the three day notice time has expired? What information will I need to have in case of a small claims court case? What do I do now?<HR></BLOCKQUOTE>

You hire a real estate attorney to file an eviction complaint in court.

 

[Gotham]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by GetOutOfMyHouse:
Thanks in advance for any assistance.

I own a duplex.

Tenant was short $100 in August. No rent paid in September. No rent paid in October.

Many statements were made by tenant in that time to the effect of "I will pay you Tuesday", "I already sent the check" blah blah blah.

Last night the tenant said that she would be at my house today at noon with payment. Noon came and went. At 4:00 I went to the house and posted a three day notice on the front and back doors of the house. When I got back home, wife tells me that tenant called in the meantime saying she was "on her way over". Again, she has not showed up.

The tenant has stated in phone messages that she wants to apply her security deposit as the last months rent, and she will be out at the end of the month. I have no problems with her leaving at the end of the month, but I have a very big problem with using the security deposit as the last months rent. Therefore, on the three day notice I stated that the amount owing was $100 (leftover from Aug. Rent) + $550 (Sept. Rent) + $550 Oct. Rent) + $240 in late fees to date ($30 per month). Total of $1440. There was also a reminder in the notice of her commitment to vacate prior to November 1.

My question is, what are my options at this point? What do I do when the three day notice time has expired? What information will I need to have in case of a small claims court case? What do I do now?<HR></BLOCKQUOTE>
I can certainly relate, though I have not had to go to the extreme of going to court. You don't necessarily need a lawyer if your paper work is in order. As for me we are required to give a 7 days notice by state law. Go to your local library and look up Landlord Tenant Rights, you will be amazed at the wealth of information that is there for you. Usually the first step is to give the Tenant the notice to pay or quit, then you can file it with the court, small fee, and I believe this more formal notice is delivered by the sheriff. You are absolutely right about the security being used for the last months rent....no way! It is for damages only! Does your lease state that? I made sure mine did...learned that from a lesson, and any court fees are to be paid by the Tenant(also put in my lease)Please read law books first to familiarize yourself then you can even call the court and ask them Questions too. How do you screen your tenants? Good Luck.....Sharon

 

[Tracey]

Check a good office supply store to see if they stock legal forms. You can buy an eviction kit in many states that has all the forms you need & detailed instructions.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws. [email protected] - please include some facts so I know who you are!