Tenant not paying rent

[crucifixion]

What is the name of your state (only U.S. law)? CA

I am renting my townhome to a tenant. Started in August 2008, signed a 1 year lease. The family had prior credit issues but they promised they were starting new and I was moving to a new city so I needed a tenant fast. For the first few months, it was great, paid on time. Then January was late a few days but he paid the late fee. But every month I have to remind him to pay. So its March and rent is due on the 1st, but officially late after the 5th. I left a message on the 3rd to make sure he gets rent in on time. Its now the 8th and rent is still not paid.

I want to know what my rights are as far as stopping utilities, having someone come to the property and lock the doors, and eviction if needed.

Note: as part of the agreement, I am paying for the water, power, & gas.

So its my house and I'm paying utilities. So I figured I am going to call him tomorrow, give him 24 hours to pay me or else first action is that I am going to contact my water, power, and gas and have them immediately shut off.

Then if rent is still not paid, have a security company come and lock the doors with those special door locks.

Then lastly is eviction. I understand eviction is a long and drawn out process and that I probably can't legally get him evicted for a few months and the rent agreement ends July 31st so I probably won't be able to evict him until July/Aug. Maybe he knows that already and thats why he is not paying?

Anyway, just want to know what my options are.

 

[CourtClerk]

What is the name of your state (only U.S. law)? CA

I am renting my townhome to a tenant. Started in August 2008, signed a 1 year lease. The family had prior credit issues but they promised they were starting new and I was moving to a new city so I needed a tenant fast.

An inexperienced landlord desperate for a tenant is ALWAYS a recipe for disaster.

For the first few months, it was great, paid on time. Then January was late a few days but he paid the late fee. But every month I have to remind him to pay. So its March and rent is due on the 1st, but officially late after the 5th. I left a message on the 3rd to make sure he gets rent in on time. Its now the 8th and rent is still not paid.

What did you expect from people with bad credit?

I want to know what my rights are as far as stopping utilities,

illegal

having someone come to the property and lock the doors,

illegal

and eviction if needed.

clearly, it's needed.

Note: as part of the agreement, I am paying for the water, power, & gas.

ok, but still makes NO difference.

So its my house and I'm paying utilities.

It's your house that you decided to rent out. Now you are subject to CA's landlord/tenant laws.

So I figured I am going to call him tomorrow, give him 24 hours to pay me or else first action is that I am going to contact my water, power, and gas and have them immediately shut off.

And by the time he gets finished suing you for illegal and constructive eviction, he'll own your property.

Then if rent is still not paid, have a security company come and lock the doors with those special door locks.

See above for just how much in damages you will owe your tenant.

Then lastly is eviction.

Sorry, FIRST is eviction, then lock changing and the like

I understand eviction is a long and drawn out process and that I probably can't legally get him evicted for a few months and the rent agreement ends July 31st so I probably won't be able to evict him until July/Aug. Maybe he knows that already and thats why he is not paying?

Maybe you should NEVER rent out your property again... or in the alternative, hire a property management company before your ignorance of the law lands you in some real hot water.

 

[crucifixion]

Jesus man, I understand its free advice but no need to be condescending. I've searched these forums and theres alot of people on here who just can't seem to respond nicely, instead they have to put the poster down for not being a legal expert.

Anyway, thank you for your response, I will start the eviction process first.

Does it matter that my agreement says that if the renter is more than 30 days later that I get to keep the security deposit? So I have $4400 from him. Once he hits 30 days, is it mine to keep or are there other legal loopholes that award the tenant more rights?

Also, I don't need the house nor my credit so I am fully prepared to stop paying my mortgate and let that the house go into foreclosure.

And one more thing, I don't understand why its illegal for me to stop paying utilities. I mean, he is supposed to pay rent. I am supposed to pay utilities. So he can stop paying rent and live there free (and thats not illegal), whereas if I stop paying utilities, that is illegal?

 

[CA LL]

The advice you received was correct.

The clause in your rental agreement is completely illegal and would not hold up in court.

Perhaps you need to spend a lot of time studying CA LL/Tenant laws but in the mean time call a local eviction firm and get going on the eviction for non payment.

Cutting off utilities IS ILLEGAL. There now you have it from TWO sources.

Locking them out without going through the full court process IS ILLEGAL. There now you have it from two sources.

No, the eviction process is NOT long and drawn out for non payment..but it's something you should have already started several days ago. Since you don't know what you are doing, again, call a local eviction firm ASAP and get it going tomorrow!

Depending on where you are in CA and which firm you use (and if the tenant files a response) it's likely to take about 21 - 25 DAYS total which is why you should begin the process on about the 4th or 5th of the month.

The SD will have to be fully accounted for per CA CIVIL CODE 1950.5...there's just one law you need to fully learn and memorize the details of.

 

[Gail in Georgia]

Please become familiar with the landlord tenant laws of your state. California is a tough, tough state in terms of laws that tend to side with the tenant, not the landlord. However, no state allows a landlord to do an illegal lockout (i.e., change locks on a tenant without a court ordered eviction) nor shut off utilities, even if they are in the landlords name.

Gail

 

[hindsight2040]

8 days????

I thought that in CA (like most states) the rent isn't even late late (unless you stated unwise on your lease) until 10 days.

Anyway, the outcome of eviction proceedings is mostly contingent on backrent. By beginning eviction proceedings after 8 days, you're banking on them having substantial backrent MONTHS from now, which is when hearing will be. In the meantime, you're not allowed to collect anything from them if you go forward with this. And it'll only end up shaving about 2 months off their stay. At 8 days I'd say they're still worth a shot, but be keep records do your homework just in case.

Yes these people are flakes and are ignoring you because they don't have the money, or barely have it. But at this juncture you should try at least one or two things to reach a compromise. Do you OWE it to them? Absolutely NOT! But you'd rather have your money for this month right now than hope you'll get compensated for it 3 months from now. Right? Since they have paid every month up to now, getting it on time might be a matter or pushing the due date to the middle of every month, or taking this month out of the last month portion of the deposit, not the security, giving them time to catch up.

"Does it matter that my agreement says that if the renter is more than 30 days later that I get to keep the security deposit?"

Not really. Most states prohibit using the security deposit for anything other than utilities received after the tenant leaves and for damage above wear and tear. This supersedes your lease. It probably says in the lease that they have agreed to vacate the property IMMEDIATELY after any nonpayment, and every landlord knows this is irrelevant and they still have to use the eviction process anyway.

Since you seem to have a bit of a vindictive streak I want to remind you that not only is cutting off utilities and lockout illegal, but be very careful in continuing to service and maintain the property. You don't fix something out of spite, that might cost you months of rent and a failed eviction proceedings, wrong or right.
I am astounded that you would be willing to have your property foreclosed on (costing you the value of the property) in order to punish somebody. I think the Germans all that "schadenfruede".

Good luck!

 

[Who's Liable?]

The advice you received was correct.

The clause in your rental agreement is completely illegal and would not hold up in court.

Perhaps you need to spend a lot of time studying CA LL/Tenant laws but in the mean time call a local eviction firm and get going on the eviction for non payment.

Cutting off utilities IS ILLEGAL. There now you have it from TWO sources.

Locking them out without going through the full court process IS ILLEGAL. There now you have it from two sources.

No, the eviction process is NOT long and drawn out for non payment..but it's something you should have already started several days ago. Since you don't know what you are doing, again, call a local eviction firm ASAP and get it going tomorrow!

Depending on where you are in CA and which firm you use (and if the tenant files a response) it's likely to take about 21 - 25 DAYS total which is why you should begin the process on about the 4th or 5th of the month.

The SD will have to be fully accounted for per CA CIVIL CODE 1950.5...there's just one law you need to fully learn and memorize the details of.

X2....

Now OP has it from THREE sources... OP is the reason LLs get bad reps... people who don't know what their doing thinking they can do what they want...

Would you buy a camel from a jeweler?

 

[CA LL]

The above post I thought was from OP but now I see it's from another umm contributor who in "hindsight" perhaps should have passed on giving advice in this thread.

I have been a LL in CA for THIRTY YEARS and have been teaching LL's in CA and elsewhere for TEN YEARS.

Landlords should start the eviction process on about the 4th or 5th of the month (or as soon as legally permitted if their state does have a mandated grace period..very FEW do) with the initial three day notice but again..broken record..since OP (and the above poster) does not know anything about the process OP needs to contact a local eviction firm and get it going TODAY.

There is NO mandatory grace period in CA other than if the 1st is on a weekend or holiday they must be allowed one full regular business day before the rent is considered late. You technically can start the eviction process on the SECOND if you really wanted to with that one exception.

The majority of evictions in CA DO NOT EVEN REQUIRE a hearing if the tenant does not file a written answer to the court in the five day window. I have completed evictions. People on here are not helping OP if they post what they THINK or what they HEARD or a GUESS.

Eviciton for non payment is a simple and swift process...but it can be a bit longer if they have a VALID defense they file via the answer but then the LL is not doing their job if they do. If it was started RIGHT NOW, it would be done and over probably by the end of the month or maybe a bit longer due to the delay in starting and heavy case load in the courts depending on the location or if an answer was filed.

Please refrain from posting "advice" on here unless it is founded in some form of the facts of the law of the state the OP is from at least. That would be my advice for the above poster...maybe in "hindsight" they will see that : )

 

[hindsight2040]

I have NEVER seen or known of a tenant getting evicted in less than 2 months unless they left voluntarily law enforcement was involved and the tenant was guilty of a lot more than nonpayment. Yes it can be a swift process, if the tenant acquiesces-- if they don't the process can be quite drawn out. In CA there is a 30 day termination notice for leases under a year, so how could you get somebody evicted by the end of the month?
The process of eviction in the US averages 2-3 months. It can cost the landlord about 10k to 20k when fully played out.

Obviously no hearing is required if the tenant doesn't pursue it. These tenants are ignoring phone calls, they don't want to even reason with their landlord. It's very possible that they will answer. Working successfully to help prevent evictions and sue landlords, I have only seen those type of cases, which may not be the majority. But when this process begins, people like my bosses (and me, if I ever make the mistake of doing this permanently) have a lot of means to make the process ugly.

There is always a deviation between what is explicitly written, and how things function in practice. I was merely trying to illustrate how beginning eviction at this point in the game was impractical, not impossible.



Your experience not only gives you the knowledge to form an opinion but an intrinsic emotional bias. "What the landlord do" is an inference. Considering that you have no idea what sort of experience/education others might have, and real estate education isn't exactly considered indicative of "reasoning" in a lot of circles, be aware that not everybody is going to think highly of your advice. Your experience might even compromise how your advice is viewed (not here as the majority are your peers).

 

[CourtClerk]

I have NEVER seen or known of a tenant getting evicted in less than 2 months unless they left voluntarily law enforcement was involved and the tenant was guilty of a lot more than nonpayment. Yes it can be a swift process, if the tenant acquiesces-- if they don't the process can be quite drawn out. In CA there is a 30 day termination notice for leases under a year, so how could you get somebody evicted by the end of the month?
The process of eviction in the US averages 2-3 months. It can cost the landlord about 10k to 20k when fully played out.

All of this right here shows just how IGNORANT of the process you are. Most eviction attoreys can get the ENTIRE process done for under $1000, even WITH CA's new filing fees that went into effect the first of the year.

How does someone get someone out on an uncontested or default eviction in less than 2 months? Let someone who has done this... and clerked in a UD court educate you so you can shut up and stop giving moronic advice:

1. Tenant doesn't pay rent and is issued a 3 day notice to pay or quit. Thirty day notice is NOT necessary.

2. On day 4, LL (or LL's attorney) files the UD paperwork at the courthouse.

3. Tenant has 5 days to answer (we're at day 12 now).

4. No answer on day 5? LL defaults on day 6, submits proof of service, default packet and writ packet.

5. Sheriff is out to lock the property shortly thereafter. If the clerk gods at the court are shining on you, the whole thing takes less than 3 weeks.

Even if the tenant answers, LL submits a memo to set, it's held for 5 days, then trial is set for 2 weeks out. RARELY is a tenant in the property 2 or 3 months later... that ONLY happens when the tenant has someone like YOU advising them or doing this themselves and doesn't know what they are doing.

I'll tell you right now. One more bad post like this, and I will report you to admin for violating the TOS myself.

 

[CourtClerk]

I thought that in CA (like most states) the rent isn't even late late (unless you stated unwise on your lease) until 10 days.

You thought wrong.

Anyway, the outcome of eviction proceedings is mostly contingent on backrent.

Wrong again

By beginning eviction proceedings after 8 days, you're banking on them having substantial backrent MONTHS from now, which is when hearing will be.

Wrong yet again

In the meantime, you're not allowed to collect anything from them if you go forward with this. And it'll only end up shaving about 2 months off their stay. At 8 days I'd say they're still worth a shot, but be keep records do your homework just in case.

Wrong, but you're consistently wrong.

"Does it matter that my agreement says that if the renter is more than 30 days later that I get to keep the security deposit?"

Not really. Most states prohibit using the security deposit for anything other than utilities received after the tenant leaves and for damage above wear and tear. This supersedes your lease. It probably says in the lease that they have agreed to vacate the property IMMEDIATELY after any nonpayment, and every landlord knows this is irrelevant and they still have to use the eviction process anyway.

How about that clause in the lease is illegal on its face? Forget what most states (and you have no idea about most states), but this post is SPECIFICALLY about CA.

 

[CA LL]

Hindsight needs to get a clue LOL.

30 day notice has NOTHING to do with non payment eviction.

I have observed in court hundreds or more eviction cases over my 30 years...yes ones where answer is filed....and they almost always rule in FAVOR of the LL because there are only about five "legal" defense answers that can be filed and honored by the tenant and that rarely is the case. As I posted, if it is, the LL has more issues and is not doing his job.

You really need to STOP offering "advice" on here if it is going to be so WRONG.

 

[Alaska landlord]

I guess we can only assume that Hineysight does not own any property or has researched his assertions.

Yes these people are flakes and are ignoring you because they don't have the money, or barely have it. But at this juncture you should try at least one or two things to reach a compromise. Do you OWE it to them? Absolutely NOT! But you'd rather have your money for this month right now than hope you'll get compensated for it 3 months from now. Right? Since they have paid every month up to now, getting it on time might be a matter or pushing the due date to the middle of every month, or taking this month out of the last month portion of the deposit, not the security, giving them time to catch up.*

I'm sorry, but I cannot let stupid advice like this go unanswered. OP has to train his tenants to pay their rent on time. Pushing the rent back to the 15th will only result in 15 days of loss rent and the same scenario of no rent check on the 15th. The last months rent is the only hope OP has to recover loss rent since it might take 2 weeks from start to finish to evict the deadbeat.

"Does it matter that my agreement says that if the renter is more than 30 days later that I get to keep the security deposit?"*

Not really. Most states prohibit using the security deposit for anything other than utilities received after the tenant leaves and for damage above wear and tear. This supersedes your lease. It probably says in the lease that they have agreed to vacate the property IMMEDIATELY after any nonpayment, and every landlord knows this is irrelevant and they still have to use the eviction process anyway.*

Again poor advice. Hineysight needs to read up on the definition of “damage” unpaid rent is considered damage and op can keep parts or all of the deposit so long as he is able to account for actual loss in terms of rent and damage.. and of course attempt to notify the tenant of the deductions.

Since you seem to have a bit of a vindictive streak I want to remind you that not only is cutting off utilities and lockout illegal, but be very careful in continuing to service and maintain the property. You don't fix something out of spite, that might cost you months of rent and a failed eviction proceedings, wrong or right.*

I suppose wanting to be able to get his rent on time and willing to take legal measures to evict and rent to a better class of people would be considered by some as vindictive. OP should delay any “fixin” till the tenants are out. Any money spent on the unit will probably need to be re-done once the deadbeat leaves.
All the judge will be interested in is the rent issue. The rest is crap the tenant will throw in to cloud up the issue.

 

[WVA]

What did you expect from people with bad credit?

This is a harsh stereotype and find it offensive. I'd appreciate a little more professionalism from someone as "professional" as you say you are with your profession and all. Please just stick to the questions and answers next time.

 

[CourtClerk]

This is a harsh stereotype and find it offensive. I'd appreciate a little more professionalism from someone as "professional" as you say you are with your profession and all. Please just stick to the questions and answers next time.

You don't get to dictate how people answer anything. I'd appreciate it if you keep your posts at least accurate, but we don't all get what we want to, now do we?