Tenant not paying rent

[WVA]

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?

No, we do not that's for sure. If we did, people like you (who are so quick to judge others) would not exist.

As I said to your bashing mate baystategirl, what I'm finding more and more rediculous is that so far everyone I have come across, you included, have been more preoccupied with pointing out everyone else's short comings and bashing people rather than answering a question to a post. I thought this site was for helping people??? Does everyone just sit around and wait for someone to post on their reply so that they can attempt to virtually fight with someone? Its getting old real fast. I'm sure the site doesn't give out awards for who can point out the most mistakes .

 

[CourtClerk]

No, we do not that's for sure. If we did, people like you (who are so quick to judge others) would not exist.

As I said to your bashing mate baystategirl, what I'm finding more and more rediculous is that so far everyone I have come across, you included, have been more preoccupied with pointing out everyone else's short comings and bashing people rather than answering a question to a post. I thought this site was for helping people??? Does everyone just sit around and wait for someone to post on their reply so that they can attempt to virtually fight with someone? Its getting old real fast. I'm sure the site doesn't give out awards for who can point out the most mistakes

I still find it ridiculous that you continue to misspell ridiculous, although you claim to work in the legal profession.... however, keep it up. Your stay here at FA will not be a long one if you continue to post inaccurate advice.

 

[WVA]

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.

LMAO yeah maybe in a perfect world it goes this fast! Stop trying to discredit everyone on the site and accept that you are not God's gift. You are merely on a power trip and frankly its quite pathetic.

 

[crucifixion]

Well, those are some interesting responses.

To be honest, after reading all the different answers, I'm still not clear on my rights. I am clear, however, that I need to contact a local eviction firm.

I still don't see why I can't just cut off the water, power, & gas. I mean, its my house, and its my bills. If the tennant wants to hook it up themselves, thats fine, but at least I can cut it all out, they spend a day or two without water, power, and gas, and then they can pay/set it up themselves. I really don't see why, I as the owner can't just stop paying bills for the place. Its not even about the money as those bills add up to only about $200/month. But its the principle of it- why should my tennat not pay rent, but yet I'm forced to continue to pay for his water, power, gas. What a system!

And based on the responses, I'm confused as to the deposit- can I or can't I now keep the $4400? Or do I only get a portion of it? I guess the local eviction firm will spell it out for me.

Anyway, I am going to leave another message essentially giving 24 hours (Monday 3/9) to pay rent. If by Tuesday the money is not in my account, I will let him know I will begin the eviction process with an eviction firm. Really, part of my "vindicitive" streak is not necessarily the late payment, its more about him not even returning my calls or at least leaving me a message. I would be much more lienent if he called and left some sob story about how he just needs a few more days- even if it was a lie! But to not return my calls is just plain insulting.

 

[Some Random Guy]

Cutting off utilities isn't allowed because it is illegal! Common sense has of cutting your monetary losses has nothing to do with it.

A phone call giving them 24 hours to pay rent does nothing legally. You need to know how to properly give them the 3 day pay or quit notice. Because once those the 24 hours are up you are back to step 1: give them the 3 day pay or quit notice.

 

[Dougthegreat]

I still don't see why I can't just cut off the water, power, & gas. I mean, its my house

Incorrect. The moment you rented out your place, it became a whole new ballgame. Renting a place out is a lot more complicated than signing a piece of paper and collecting money from someone, and unfortunately, you're seeing the consequences in action.

Do what CourtClerk said. You can have them out in less than three weeks.

And perhaps reconsider renting your place out in the future, and HEAVILY reconsider allowing people with bad credit to rent. Despite the weepy-whiner objections of "WVA", you are seeing why so many rental companies do a credit check now.

 

[CA LL]

I'm still not clear on my rights.

You're kidding right? How could you not be clear when the same thing has been repeated numerous times in this thread!!!???

 

[Alaska landlord]

Before you stick your foot in it. Not paying the bills and allowing them to be shut off is also illegal. Start the eviction process tomorrow and don't accept any excuses. Sad stories won't pay your bills.

Also, revisit your selection process. I am sure this whole thing could have been avoided with a good screening procedure.

 

[crucifixion]

OK so I called and was going to give him the 24 hour last chance notice to pay rent or else I'd start the eviction process...well he picks up and before I can say anything he apologizes for the delay and promises the rent will be in the account tomorrow. So I checked the next day and in fact the rent was in. So I got paid the rent- however, there is still a late fee that hasn't been paid, but at this point I'm not as concerned with that since I have his security deposit and I'll just deduct the late payment fee from that.

So this month is OK and we'll how how it goes when April 1st comes around.

 

[TigerD]

So I got paid the rent- however, there is still a late fee that hasn't been paid, but at this point I'm not as concerned with that since I have his security deposit and I'll just deduct the late payment fee from that.

Can't do that. You didn't collect the late fee- you lost the late fee.

Payments are applied to fees first and rent second.

DC

 

[CourtClerk]

Can't do that. You didn't collect the late fee- you lost the late fee.

Payments are applied to fees first and rent second.

DC

I would agree with you in theory, and there are some nuances with CA LL/Tenant law, however, seeing as if the OP's lease agreement is probably void because there are some illegal clauses in it, and seeing as if nothing he did in order to collect the money falls in line with the civil code, and seeing as if nothing he did was legal AND the tenant just paid the rent.... doesn't really matter. Now does it?

What the OP needs is a property management company, or to get out of the landlording business all together.

 

[marcdonovan]

[...] So I got paid the rent- however, there is still a late fee that hasn't been paid, but at this point I'm not as concerned with that since I have his security deposit and I'll just deduct the late payment fee from that.

So this month is OK and we'll how how it goes when April 1st comes around.

NO! Don't do that. Big mistake. You need to act like none of it has been paid until you get the late fee. Don't reward bad behavior or you will only get more of the same. You should return the rent and refuse to accept anything other than rent plus late. That should be accompanied by a three day notice, then follow through. If three days go by, file the eviction. You should have a local eviction service on speed dial.

You also need to read the laws of your state. Failure to abide by these laws will cost you money so you need to know them cold. Go to a law library and ask for the latest version of a book called California Annotated Code. This has the text of each statute along with analysis of how various courts have interpreted each law. In a few hours you will be up to date on landlord tenant law. There are references to specific cases that you can review for details if you are curious, but the annotated code is all you need to know.

You are correct that it is your right to turn off your own utilities and it is in fact your right. But you are not aware of what the state grants your tenant as remedies if you do this, so get informed now.

 

[aabbcc]

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.

Stereotype? I thought bad credit equals unpaid bills. It's not a stereotype, it's the definition.