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RENTOR WONT MOVE OUT

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C

CAMIMDH

Guest
I am a landlord. I rent a small house behind mine. I rent month to month. Verbally agree monthly rate. I collected a deposit w/intend that it is fofeited if no 30 day notice to move is given. I rented my small house on December 15, 1999. I collected 1/2 months rent plus the full months rent for the amount of the security deposit. Then jan 1 collect the ful amounts rent and went pretty good through about may 2000. then every month after i had to ask for the rent and it became progressively later ea month. By aug i'd had enough, she paid the rent on the 20th and said she'd be moving out by the end of the month. i said that was fine but she still owed for sept 2000 because she hadnt given 30 days.
then sept came and she still hadnt move her stuff out and did not pay any rent. She moved in with a friend next to my property and left all her stuff in my rental house. She left the power & utilties in her name and continued to receive her mail at my rental house address. she also did not return the keys, i continued to contact her via notes on the door, because she still was going into the house to get some of her belongings, (all her furniture was still in the house).Also i would go to the house next door where she was staying to try to find out when she would be moving her stuff out.
Finally the first of november 2000 i sent a letter from my attorney which gave her 30 days to get out. she still did not move all her belongs,she still has dressers,a refrigerator lamps clothes and a bunch of stuff laying eveywhere, she didnt turn the power off, change her mailing address or return keys to me. So the first of January 2001 i filed eviction notice and had her served w/notice of eviction and sue to get rent for months of sept2000 - jan 2001. We go to court on January 29th.

Finally my questions are am I entitled to 5 months rent. Also, at what point am i able to remove her property or am i. Am able to change the locks and turn power off? There were a couple of other issue
1.) The first 3 weeks she lived there she didnt change the power to her name, am entitled to collect the power bill amount for those 3 weeks.
2.) I had to haul off old furniture she dumped out back of the house. I gave her 5 weeks to do this but finally just had it hauled off.
3.) She ripped up the linoleum in the kitchen, she said she would repair it herself, i told her if she did i would pay for the time & parts. i would take it off her rent. She never did this so i didnt take it off the rent.
4.) Also, a moderately price screen door was damaged while she lived there.
Am i entitled to retreive and of these expenses?

 


D

djdj

Guest
The answer to your questions is maybe, add up all you damages and costs and sue her for that amount, I would also contact the electric company and see if you can get copies of the electric bill to present in court that it is still in her name. Take pictures of any damage thats visable...you cannot change the locks....PERIOD!

The judge will give you posession, then contact a marshal,sherriff and the Marshal or sherriff will have the legal autority to mover her stuff out.

Of course if she doesnt pay the judgment itwill wind up on her credit record....

Your only question is when a judge asks you why you are so cheap in not paying a lawyer to have gotten this done months ago..what will be your answer?

[Edited by djdj on 01-18-2001 at 10:30 AM]
 
C

CAMIMDH

Guest
the reason i didnt do this sooner i really didnt want to take her to court. Its really a hassle. i thought that given some time she would move out. then after the 4 months it got to be a principle thing. if she did this to me whose to say she wont do this to someone else. i live up to my responsiblities. maybe it will teach her a lesson, even if not everything goes my way in court, at least she will have to do something. I think thats alot of it. She doesnt do anything to rectify this whole thing.
 

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