Tenant from Hell! - Landlord Forum thread

Tenant from Hell! by Sally (CA) on November 4, 2009 @00:23

Yep yep. My first experience renting and I got one of them! Gave her the 30-day notice that lease is ending and will not be renewed. She than says that she's not going to pay this month's rent and will be taking me to court. She didn't even want to try and negotiate or ask me why I'm not renewing. She just knows that it's creating hardship on her, but didn't think to ask what hardship I'm going through. It is now day 3 that they're living there for free. I don't want to use a lawyer because they're too expensive. Do you think a property management company will be cheaper? Or should I just file for unlawful detainer with the court all by myself?

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Re: Tenant from Hell! by Sally (CA) on November 4, 2009 @00:27	[ Reply ]
Also, at what point do I provide them with the pay/quit notice and how do I know when they'll officially move out? My fear is that if they suddenly leave without me knowing, they can come back later and say that all of the damages were done after they moved out. How can I prove it was not? Is it possible to get a police to come write up a report? - Thanks again!

Re: Tenant from Hell! by Lighthope on November 4, 2009 @02:04

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Take a breath. I know how frustrating this can be.

Your tenant can whine, cry, bleat, and moan all she wants. Unless barred by law (some places in CA are different. San Francisco is one of them I think. We have a CA expert here who will likely chime in), you have the right to not renew a lease. It would be best if you can let us know where exactly in CA you are. Good luck to you if it IS San Fransisco.

If she doesn't pay her rent, you can give her the 3 Day notice the very second it is late. Why wait? If she pays by mail, you have to allow a couple days extra, since Courts will allow that time for mail delivery.

If you want to evict her but don't want to use a lawyer, hope you enjoy having a Tenant In Suffrage (how's that for lawyer-speak...it basically means freeloader), for a long time, since NO ONE should ever do an eviction by themselves if they have never seen one done. Even then... Eviction lawyers aren't that expensive. Cities are teeming with them. Try living out where I am. No eviction lawyers for a hundred miles. Argh.

Anyway, if you evict, hire a lawyer. In the long run, it will cost you less. Get a lawyer that SPECIALIZES in evictions. They charge a flat fee.

Don't wait. Every day she stays there for free costs you money and makes it that much harder to evict.

Send her the 3 Day Pay or Quit now now now! Start the ball rolling. Once the 3 days have expired (3 days plus the day you send it...post it on the door and send it in the post...plus weekend and holidays I think), contact an EVICTION attorney with haste. Courts give priority to evictions.

Good luck.

Lighthope

Pearls of Wisdom - Treat every day as if it were your last. One day, you'll be right.

Re: Tenant from Hell!

Re: Tenant from Hell! by Anonymous on November 4, 2009 @08:35	[ Reply ]
If her rent was due on the 1st, you should have already posted notice. Management companies are usually more expensive, you should be able to find a lawyer that charges a flat rate to do an eviction. They might try to tell you that they want to use deposit for last months rent, which they can't. Start making some phone calls to lawyers, find one that specializes in evictions right away.

Re: Tenant from Hell! by A.T.SF (CA) on November 4, 2009 @09:50	[ Reply ]
Please let us know your county so that the answer you receive is specific.

Re: Tenant from Hell! by Libby (Pa) on November 4, 2009 @19:27	[ Reply ]
In Pa. if you get a lawyer and you win the tenant has to pay the lawyer fees.