Gave 30 day notice then gave a bad check!

[goldenginger]

I own a duplex in CA (san mateo county) and the tennant in the 2nd unit has bounced checks on me more times than I care to even mention here. We have no written lease so I'm assuming we are on month to month. In Jan I gave her a 60 days written notice of rent increase and also said in the letter that since she had a problem every month getting her rent paid that she should use these 60 days to look elsewhere. Well, she paid the increase and gave me a bit more towards the next month. Then she was late with the next months payment (as usual) and late again the following month.Finally, I get 30 days notice that she is leaving - but no rent check for this time. Then a week later she puts a check in my mail box for the amount due for this month and I take it to our bank only to find out that she has a NEGATIVE balance! I called there today to find out that the check is still bad. What are my rights here? Since she has continually bounced checks on me and is now blatantly passing bad checks to me can I just lock her out of the unit?? Do I have to wait until 7/5/01 to lock the doors? (thats her notice of leaving date). I really need this person out of my life and would like to see her gone yesterday to be honest. But, I need to cover my butt first and foremost!!!! Thanks for any info you can toss my way!
Im a fairley new at this landlord business and my previous tennants have given me no problems like this little witch has! Whenever she wanted or needed anything done it was done and finished within 24 hours of her request! And I know thats really fast! Help me please!!! I dont want to loose it with her and I'm so mad that I shake just thinking about the crap she's pulled and is still pulling on me!
Thanks for letting me vent here too guys!!

 

[Cvillecpm]

Get educated, get educated, get educated.....

Don't take the abuse on this site....go to Q&A @ www.mrlandlord.com

 

[goldenginger]

Well, I am trying to get educated and that's why I posted my question here. But if thats all you have to say to me I guess I've just wasted my time in this forum. thanks for nothing

 

[dj1]

I think you dont want to be eductaed so SELL THE HOUSE and you will NEVER have any more bad tenants.

I mean to not have a lease is super dumb in my book.

And YOU MUST learn the #1 rule of landlording...

BEING CHEAP BITES YOU IN THE ASSSS.....

SO PAY A LAWYER...........yeah its hard to see your money thrown down the drain but without a lawyer you might as well give your tenants some free cash.

 

[Cvillecpm]

You should have.....

.....served a 5-Day Pay or Quit immediately after the rent for the month covered by the 30 days notice was not received....

Working with a tenant to catch up rent payments is one thing....not getting rent and then increasing the rent when tenant can't pay on time already is abusive on your part.

Establish a rent due date and if you wish to be generous, offer a late fee/grace period....in CA you can have the wording to the effect that although you are not charging a late fee until X date (5,10 whatever), you can serve a 5-Day Pay or Quit any time after the rental due date - say the 1st....on the 2nd you can serve the 5-Day Pay/Quit and have UD - unlawful detainer filed by the 10th....doing this, you are dealing with tenant from the prospect of having a court date and having served them the court documents while in your property. Otherwise, if you wait until they are out of your property, you have to try to find them - bad move.

You need to get educated. It is really easy for tenants to learn their rights - real or imagined - and you need to know what you CAN and SHOULD do - especially in the situation you recount. The MrLandlord site has experienced landlords from all over the country who are willing to share and mentor "newbies" because at one time, someone assisted them in their "landlording" career.

 

[goldenginger]

3day pay or quit was served already. The check was given to me after that fact and after her notice. Its all taken care of now anyway - so I wont waste anymore of you people's time cause to be quite honest with you.......I was thrilled to find a site like this and to receive basically snotty replies is just a waste of my time.
I hope you all enjoy yourselves by making others feel and look stupid. I can only imagine what you all are like in the real world! And Im glad I don't have to deal with any of you in that - THE REAL WORLD. Later and ------ have a "wonderful" life........................

 

[dj1]

AHHH GEE snotty replies......

You see goldenginger

A lot of landlords after an experience like this turn into low life Redneck scumbags, and make things worse for the whole system

We want you to understand YOU made lots of errors, and the tenant took advatage of them.

Now how would it be on the other foot?

You sign a lease with a tenant then 3 months later you start Harassing the tenant becuase you want to cancel the lease so you can move back into the house... and they withold the rent, because you are violating the lease.

SEE a lease works BOTH ways......