-
FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
By continuing to use this site, you are consenting to our Terms of Service and use of cookies.
final inspection
- Thread starter bronchospaz
- Start date
Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills Please click a topic or scroll down for more.
bronchospaz
Junior Member
I have allowed these people to basically treat this house ALMOST as there own.
I let them remove a section of fence (they have to fix it before they move)
I let them use our small tractor for yard work. Then when it broke down, he
wanted to buy it...I GAVE it to him.
He wanted to buy the house, I agreed. The lease expired, I wanted a new agreement signed, I revised it 3 times per his request. Finally after a month of asking for the signed agreement, I told him that I will not start sale paperwork until it is signed, he got angry, said I was rude and unprofessional and decided not to buy it.
I gave them the benefit of the doubt when the rent was late, even when it was 2 weeks late and he said, "I mailed it and you'll just have to wait for it" I threatened him with eviction and gave him a bank acct # to make a deposit and he did. BTW, the check said he mailed never showed up, and his wife was not concerned about putting a "stop payment" on the check.
Do you see why I'm concerned?
I was told earlier in the thread that she did not need to be present...So, just so I understand...I have to let her be there if she requests? I was just going to go through the house on my own time, didn't want to do anything "formal"
I let them remove a section of fence (they have to fix it before they move)
I let them use our small tractor for yard work. Then when it broke down, he
wanted to buy it...I GAVE it to him.
He wanted to buy the house, I agreed. The lease expired, I wanted a new agreement signed, I revised it 3 times per his request. Finally after a month of asking for the signed agreement, I told him that I will not start sale paperwork until it is signed, he got angry, said I was rude and unprofessional and decided not to buy it.
I gave them the benefit of the doubt when the rent was late, even when it was 2 weeks late and he said, "I mailed it and you'll just have to wait for it" I threatened him with eviction and gave him a bank acct # to make a deposit and he did. BTW, the check said he mailed never showed up, and his wife was not concerned about putting a "stop payment" on the check.
Do you see why I'm concerned?
I was told earlier in the thread that she did not need to be present...So, just so I understand...I have to let her be there if she requests? I was just going to go through the house on my own time, didn't want to do anything "formal"
bronchospaz
Junior Member
I have allowed these people to basically treat this house ALMOST as there own.
I let them remove a section of fence (they have to fix it before they move)
I let them use our small tractor for yard work. Then when it broke down, he
wanted to buy it...I GAVE it to him.
He wanted to buy the house, I agreed. The lease expired, I wanted a new agreement signed, I revised it 3 times per his request. Finally after a month of asking for the signed agreement, I told him that I will not start sale paperwork until it is signed, he got angry, said I was rude and unprofessional and decided not to buy it.
I gave them the benefit of the doubt when the rent was late, even when it was 2 weeks late and he said, "I mailed it and you'll just have to wait for it" I threatened him with eviction and gave him a bank acct # to make a deposit and he did. BTW, the check said he mailed never showed up, and his wife was not concerned about putting a "stop payment" on the check.
Do you see why I'm concerned?
I was told earlier in the thread that she did not need to be present...So, just so I understand...I have to let her be there if she requests? I was just going to go through the house on my own time, didn't want to do anything "formal"
I let them remove a section of fence (they have to fix it before they move)
I let them use our small tractor for yard work. Then when it broke down, he
wanted to buy it...I GAVE it to him.
He wanted to buy the house, I agreed. The lease expired, I wanted a new agreement signed, I revised it 3 times per his request. Finally after a month of asking for the signed agreement, I told him that I will not start sale paperwork until it is signed, he got angry, said I was rude and unprofessional and decided not to buy it.
I gave them the benefit of the doubt when the rent was late, even when it was 2 weeks late and he said, "I mailed it and you'll just have to wait for it" I threatened him with eviction and gave him a bank acct # to make a deposit and he did. BTW, the check said he mailed never showed up, and his wife was not concerned about putting a "stop payment" on the check.
Do you see why I'm concerned?
I was told earlier in the thread that she did not need to be present...So, just so I understand...I have to let her be there if she requests? I was just going to go through the house on my own time, didn't want to do anything "formal"
I can understand your frustration. It is very important as a landlord to conduct yourself PROFESSIONALLY and LEGALLY at all times. By letting them treat the house as their own, they have run all over you. If you don't want to do anything "formally", this is the wrong business for you.
If the tenant requests that they are present for the move out inspection, they have the right to be there under law. That means, you schedule a date and time to do the walk through, and if they don't show, oh well, do it on your own.
But please, do yourself a favor and be consistent and be legal. If they don't pay the rent in the time specified in the lease, send them the proper letter (legal action notice, 3 day notice pay rent or quit, whatever your state requires). Phone calls are not a legal way to handle things. If they request to remove a portion of the fence (YOUR property), get it in writing. Document, document, document!
If the tenant requests that they are present for the move out inspection, they have the right to be there under law. That means, you schedule a date and time to do the walk through, and if they don't show, oh well, do it on your own.
But please, do yourself a favor and be consistent and be legal. If they don't pay the rent in the time specified in the lease, send them the proper letter (legal action notice, 3 day notice pay rent or quit, whatever your state requires). Phone calls are not a legal way to handle things. If they request to remove a portion of the fence (YOUR property), get it in writing. Document, document, document!
bronchospaz
Junior Member
If I must do a walk through with her, I will. I don't like they way they talk to people, including myself. If I have a choice on whether I have to subject myself to the arogance(sp?) and the condescending tone, I would rather not. Not to mention, I'm sure they will not agree with my decisions and will have plenty to say about it. I know for a fact that a small tree is missing and I was told, by the neighbor that a very large log (3'x5') that was used as ornimental yard decoration, has been cut up into pieces.
I have every intension on doing things legally and fairly. Like I said, that's why I'm here. I also would like to be prepared for the worst and know what my rights and options are.
I have every intension on doing things legally and fairly. Like I said, that's why I'm here. I also would like to be prepared for the worst and know what my rights and options are.
Ca specific
I guess you did not understand the two posts I made that were SPECIFIC TO CA LAW. Please read them again.
CA Civil Code 1950.5 MUST be followed. There is a DIFFERENCE between PRE moveout inspection and regular inspection. You must have offered their right to request a CA SPECIFIC PRE moveout inspection in writing soon after notice was given. If they request one, you must do one and try to schedule with them present if they wish.
IF they do not request the PRE moveout inspection you have the full 21 days to inspect and do your SD accounting.
I don't know how to make it any more clear than this. You need to know CA STATE LAW on this which is different than other states..in fact EVERY state is different. Some say you MUST allow tenant to be present at FINAL walk-thru, others are silent on it, still others say no need.
I answered your question per CA STATE LAW which is what matters. READ 1950.5 in full and then you should "get it".
All of the rest of the story is not relavant other than it shows your inexperience as a LL and the fact that you let tenants take control when in fact YOU should retain control.
I guess you did not understand the two posts I made that were SPECIFIC TO CA LAW. Please read them again.
CA Civil Code 1950.5 MUST be followed. There is a DIFFERENCE between PRE moveout inspection and regular inspection. You must have offered their right to request a CA SPECIFIC PRE moveout inspection in writing soon after notice was given. If they request one, you must do one and try to schedule with them present if they wish.
IF they do not request the PRE moveout inspection you have the full 21 days to inspect and do your SD accounting.
I don't know how to make it any more clear than this. You need to know CA STATE LAW on this which is different than other states..in fact EVERY state is different. Some say you MUST allow tenant to be present at FINAL walk-thru, others are silent on it, still others say no need.
I answered your question per CA STATE LAW which is what matters. READ 1950.5 in full and then you should "get it".
All of the rest of the story is not relavant other than it shows your inexperience as a LL and the fact that you let tenants take control when in fact YOU should retain control.
bronchospaz
Junior Member
I have found CIVIL CODE SECTION 1940-1954.1. I have read the specific one you stated and I will be going by that. Is there any onther part of the Ca Civil Code that I need to be aware of, that applies to rentals?
Find the Right Lawyer for Your Legal Issue!
Fast, Free, and Confidential
data-ad-format="auto">