What should I do? Please help me - Landlord Forum thread 206209

What should I do? Please help me by Anonymous on August 11, 2010 @23:45

I have "professional tenants". I trusted their "make up" stories and let them move in my house. (I did not check their credit/background/ID...When I found out they did fraud in documentation, I reported to the police. The police said they were bad people and I should evict them. However, I did not do it. I suspect they are drug dealers and always try to be nice with them. They always pay me the rent late and usually warn me that I am lucky to have them as tenants who do not damage the house like pouring cement in the plumbing system...). The lease will be ended on 08/31/10 and I don't want to renew it. I sent them a 30-day notice letter 3 times via e-mail and they did not confirm to receive them. I sent the letter via certified mail, but they did not go to the post office to pick it up. I also called them and left a message. They said in on e-mail that they were out of town and could not pay the August rent until they return, I asked them when they would return, and they did not reply. In fact, they are at home because I monitor the house and see the lights in the house on and off. I don't want to confront with them because they have guns.

Please advise me what I should do now. Should I wait until the lease end and go to the police? When the lease is ended and they are still in my house, can the police evict them immediately (due to illegally occupying the house)?

I heard that the eviction is a long process and it may take 6 months. Do you know any lawyer in San Diego, Ca who can evict "professional tenants" quickly?

Any ideas of how to deal with these "professional tenants"?. Please help me.

Thank you so much,

Diana Wu

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Re: What should I do? Please help me by Anonymous on August 12, 2010 @00:13	[ Reply ]

Check the Look Up Attoneys link here to the right --> Hire an eviction lawyer ASAP. Go to the local eviction court and watch the lawyers in action and get their business cards. Hire one that specializes in evictions.

Re: What should I do? Please help me by Teena (IL) on August 12, 2010 @07:54

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Hello Diane
You don't need to wait till the lease ends to evict these people .Start today!!
Because when the lease ends it probably automatically goes into month to month tenancy anyway.

Get an atty that specializes in evictions(it certainly won't take 6 months either) ASAP-get the ball rolling now.The police cannot evict them.They have no jurisdiction in these things.

You have lease violations going on so it will be no problem getting rid of them,possible ilegal activity,late rents,I especially didn't like that veiled threat they gave you about cement in the plumbing......

I have dealt with professional tenants in the past and the smartest thing to do is get rid of them .I got them out in less than a month.
From this experience you've learned the importance of screening tenants BEFORE a lease is signed or monies exchanged.
This is a business,trust has nothing to do with it.Always screen .Pro tenants are very good at making up believable stories,they're great actors.

Also research,read and learn about the LL business.No offense but it sounds like you don't know very much about it per your thought that one couldn't evict until a lease ran out.
Let us know what happens.
Best of luck!

Re: What should I do? Please help me

Re: What should I do? Please help me by ERIC on August 12, 2010 @08:13

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Email non-renewal notices are not good enough. Certified mail is OK, if they pick it up.

When I have given notices (non-legal) in the past, I drop them off into the persons hands, or tape it to the front dorr, for God and all of the other residents to see.

If they are paying rent late, you can evict. It does not take 6 months, more like less than 6 weeks, if they are not paying rent.

You may also be able to evict if they lied on the application, but maybe not. You should have discovered the lies during the background check.

Good luck!

Re: What should I do? Please help me by OK-LL on August 12, 2010 @09:50	[ Reply ]

Please search on-line for a copy of your state's LL/T law and READ it. Most likely, you have not properly served the Notice to Terminate Tenancy, and you will need to know exactly how to serve the pay or quit notice. If you are going to rent your property, you absolutely must read the LL/T law for your state, there is no substitute for actual knowledge. Most likely, you will need to post to the door and mail via certified mail the P/Q notice. The notice to terminate tenancy probably has to be send via regular US Mail with a copy via certified mail (which the mailman signs showing it was delivered to the address) for proof of service (NOT RRR, which may require a tenant to go to the PO to pick it up. Sounds like you are making a lot of assumptions about the people and the process. You'd be a lot less afraid if you were actually armed with knowlege.

Re: What should I do? Please help me by Monipenny on August 12, 2010 @10:46

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It's evident from your post that you are very scared. Use the appropriate eviction notice for your State and deliver it according to your State requirement. Someone here from CA can give you more specifics on that. Then turn the rest over to a lawyer that specializes in evictions, you should have them out in about 6 weeks give or take. After you have served them for non-payment, keep a copy for you and the court. You should have no other contact with them, if they call you, direct them to your lawyer.

CA, I believe is a Pay or Quit Notice State. It means tenants can pay and you have to accept the rent and drop any eviction proceeding once they pay, but make sure they pay for any and all lawyer fees, court cost, late fee, etc., before dropping anything.

If they do pay and evicton is not an option, then personally serve and mail by regular mail your 30 day notice to vacate. Find out it CA is a literal day or term State- you will need to know this so you know when your notice begins and ends.

Do you need confidence, courage and skills to deal with people like this? Trust me, you do. FAST Defense is for everyone. MMA Academy in San Diego as far as I know offers this course, it's a 3 1/2 to 4 hr. course, their number is 858-755-7665.

Re: What should I do? Please help me by Diana Wu ( CA) on August 15, 2010 @00:29	[ Reply ]

Thank you all for your very helpful opinions.