How to evict a tenant that you cannot contact ?

How to evict a tenant that you cannot contact ? by CharlotteNC landlord (NC) on May 17, 2009 @02:35

We have a tenant who is late on rent and claims to have been in a car accident. We were unable to reach her at the hospital where her sister and girlfriend claim she is. On the 8th of the month we gave her notice of late rent (by posting on their door). Her girlfriend contacted us and said that she was going to put a check in the mail from our tenant with a posted dated check to the 22nd. We told her that was unacceptable and that she must pay us something by the 15th of the month (this was on the 13th.) The girlfriend offer to pay half (she is not on the lease). After finally tracking her down on the 16th of the month she agreed to pay what she could but didn't have the money on her and would have to go borrow it. We agree to meet at 7:30p at the unit. She calls early to inform me that she has the money, but I am unable to get to the unit till about 7:15 or so. I instruct her to leave it inside the house, she says she will leave it in the doorway. I tell her again to leave it inside the house on the table by the door. I arrive at the house to find a torn sheet of paper between the storm door and door that has "$300, thanks" written on it. There was no money. I enter the house to look at the table beside the door and it was empty as well. I call to tell her that there is no money and that I will be placing a notice to vacate on their door on monday. Hours later she calls back asking if I am serious about there not being money. She claims to have put the money in an envelope inside a magazine and stuck it so that it was sticking out of the door. I tell her the money was not there. She now claims that I stole the money. I tell her that I told her to put it inside the house and why would she put it outside the house. She says thats where she told me she would put it. I told her why? since I specifically told her to put it inside. I then receive calls from the girlfriend's sister claiming that she witnessed her put the money in the envelope. I tell them that is fine, but I did not receive the money so we are going to start the eviction process. But if they will leave in the next 10 days that I would refund the tenant half the security deposit. She (the sister of the girlfriend) says they will be moving out in 60 days because she knows how the foreclosure process works in NC (btw...the sister doesn't even live there as far as we know). The girlfriend and the sister then say I stole their money and they are coming over to my house to get it right now and if I did not give it to them that there would be a "problem." I told them that coming over to my home would not be a good idea tonight and that if they did come I would call the police. They said they were coming anyway. My wife then called the actual tenant's sister to have the tenant actually call us. We are still awaiting that call.
The tenant has called and left a message since the car accident and the girlfriend has said that the tenant was ok previously. Nothing to do but sit with my alarm system armed and wait to see what happens. They were coming over at 9:30p...its 2:11 am so I assume they are not going to make it tonight.
The girlfriend was going to move in with the tenant. I am done with them, I even offered to pay her $300 out of my own pocket but that they had to leave. This a low income area, and the girlfriend and her sister strike me as extremely unsavory types. The girlfriend and her sister would not take that either.

I will be posting a notice to vacate on Monday. Will it matter if the tenant is not around to see it? We have been unable to contact her for a week now and have requested through the girlfriend and the tenants sister that they contact us. The tenant's actual lease run's out at the end of the month.

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Re: How to evict a tenant that you cannot contact ? by Ohio Landlord (OH) on May 17, 2009 @03:18	[ Reply ]

I would start the eviction and if they would show up at your house just dont answer the door and call the police and video tape or record any type of threats that they are doing. If they insist that they left money then tell them to file a police report but your starting the eviction. Dont let them waste anymore of your time. I learned from these type of situations that after no payment to issue the pay or quit and then start eviction. I would probably call the police and file a report to have it on file for future refferance,tell the police that they are making threats against you.

Re: How to evict a tenant that you cannot contact ? by OH LL (OH) on May 17, 2009 @11:00	[ Reply ]

I have to agree with the other Ohio Landlord. But don't post a notice to vacate. Post the 10 day Pay or Quit notice. You should have done this when rent was not paid at the beginning of the month instead of a late rent notice. Then when it expires, file for eviction. Don't offer to refund any money to them or any of the deposit either. State that the deposit will be accounted for in accordance with state law and any refund issued to the tenant at his forwarding address. If the GF calls again insisting the money was left, tell her to file a police report of stolen property because it wasn't there. She should have known better than to leave cash outde the house! (I seriously doubt if any money was left at all.) Have no further contact with this group - especially the GF since she wasn't even on the lease.

Re: How to evict a tenant that you cannot contact by Anonymous on May 17, 2009 @16:52

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I had a tenant do something similar a while back. These types are very dangerous so be careful. They will lie and do anything to get over. The one that did it to me, also said they had a witness they left money, but in Court she could not produce a receipt to prove it, and was evicted regardless.

Then they kept coming in car loads threatening my life, and ultimately caught me coming out and attacked me breaking my arm. Just before it happened, I would call the police and they would make up stories claiming I entered there apartment illegally. I never entered their apartment at all, I left a Quit Notice on the outside of their door. Take someone with you as a witness and for protection if you have to go anywhere near them or apartment, or have an attorney or friend serve if possible.

Do not even open your door if they come to your home, and call police instead.

Now, I always give a specific receipt I designed myself with a watermark, (hard to duplicate) when someone pays the rent. I never let them just leave it anywhere so they can say they had a witness watch them leave it. Although they can always still say they gave it to you in person and had a witness also.

I would give the Pay or Quit Notice. Do not waste any more time. I would also file a police report regarding them and threats.

How to evict a tenant that you cannot contact ? - Landlord Forum thread 179098