Thanks Guys - Landlord Forum thread 168413

Thanks Guys by Anonymous on January 6, 2009 @14:33

I appreciate everyones comments and concerns (thanks Debbie). We went (hubby & I) no one was home but tenants are still living there. I did a casual glance around the main living areas instead of inspecting. My husband said, what's the point of inspecting for damages when there will still be damages when he moves out? I said, "if he does not get evicted, we can give him a 30 day notice to correct any damages". This way we arn't stiffed on those damages.

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Too late but Debbie was right by Terry (ca) on January 6, 2009 @15:40	[ Reply ]

You SHOULD start eviction for non payment by following state law. There is NO NEED to enter the premises to look for damages until they are out. NEVER do anything in a volatile situation to hurt your chances in court or that might pose a threat to you. You KNEW they had not moved as you saw lights and a car the night before.

Re: Too late but Debbie was right by Monica on January 6, 2009 @16:54	[ Reply ]

So tenants are immune from inspections, all they have to do is NOT pay their rent and ignore you? I know what you are saying about eviction, IF my husband WILL evict them, we will serve them the pay/quit notice on the 8th. Otherwise, I will not waste my time serving him that notice. Seeing lights on and a car in the driveway doesn't tell me if they are in the process of moving out.

Re: Too late but Debbie was right by Terry (ca) on January 6, 2009 @17:03

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Monica...your "explanation" about your "grace" period did not make much sense but a seven day one is too long unless state law mandated.

You start eviction on the first day or two you legally are allowed to in your state.

You do NOT do anything that a liberal judge might find to be harrassment such as repeatedly calling them for rent, going by for it, entering the premises, etc. There is no need to do an inspection at this point until they are out. They have possession.

I've been doing this thirty years now...and post advice I have learned via some of the top eviction attorneys in the country. You don't need to know if they are in the process of moving out. You knew they were still there. Your and your husband's unwillingness to evict is not the fault of the tenant. You are giving them control by doing so AND hurting your chances in court also by doing this and delaying the inevitable. Why bother having a rental agreement if you don't enforce it. Judges frown on LL's who ignore their own rental agreements then suddenly want to enforce all of the terms they ignored for months/years.

Re: Too late but Debbie was right