Re: Proper Notice - Landlord Forum thread 326384

Re: Proper Notice by Katiekate (New York) on October 27, 2014 @09:02

I used to own condos in MA, also managed a large condo complex in Lrominster. This was fairly common...this is how you handle this

After you have given the written notice (send it in the US mail..both regular mail and certified) ... The the certified letter make a mention of the same exact letter also sent by regular mail. if you want you can also post the notice in their door, if you do..then make a note of that also in the certified mail. Then, about 1 week later send a letter. Again in the regular mail (but, you could also hand deliver this second letter). This send latter is two pages. First page talks all about the coming move out. It explains some of the common items tenants over look when cleaning the apartment ... BUT..the real reason is to deprive home the point that there IS going to be a move out. The second page explains that should they fail to move..you will be forced to file for eviction. That the process will cause a court record to be created. The record of the eviction proceeding is created the day that you file..not the day of court. Once created, this record can NEVER be deleted. Unlike bad credit..this will never go away. Every decent landlord does a background check, and this eviction will also show, the result will be that they will never again rent any decent place.

So...in nearly every single case..the combination of all this really makes the tenant think twice about going that route. Once they understand the serious problems they would be causing themselves. BUT..every so often there is someone who doesn't believe it.

The day after they were required to move out..you go straight to the county court and file for eviction..the reason is "hold-over". You do not need to post another notice. The certified mail you sent? If you get it back..keep it unopened for the judge to open.

Once you file..it will be about 14-21 days before your court date. After you get the 'writ of possession' the tenant will likely get 7 days to move or be put out. Take that court document to the marshal of the court. You will have to pay him to process the writ and then you can schedule with him the day of the physical removal.

The only tenants I ever had to go the full deal with were the ones that had no money to get moved. They had no other options. Everyone who could...got out of the unit long before it came to any of this. But, if you have to go the full distance..you can expect to have it take about 6 weeks start to finish.

And..for the future..always do a background check..never rent to anyone who has an eviction in their past because you will be next if you rent to them

You do not need a lawyer to handle this. I have found that the lawyers do not have the same interest as the landlord. They are interested in dragging it out to get the most revenue (money from you). Your interest is the removal of the tenant as fast as possible to get the most rental income for your property.....you do not have the same goals.

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Re: Proper Notice by Katiekate (New York) on October 27, 2014 @09:04	[ Reply ]

Please excuse the typos. My iPad is constantly. Making changes based on what it word thinks I meant.

Changing Auto-Correct Setting on Apple devices by Becky (IN) on October 27, 2014 @10:30	[ Reply ]

Hi Katiekate, Auto-Correct can drive you crazy, so I just turned it off. If you'd like to, go to Settings, choose the General option, then choose Keyboard. You should see an option titled Auto-Correction, which you can swipe to change from On to Off.

Re: Proper Notice KK by anon (CA) on October 28, 2014 @19:36	[ Reply ]

KK, From your clear understanding and articulation of the landlord/ tenant law and what to do with all of the ins and outs that arise, you may want to think about how to monetize that knowledge to the relevant public. Maybe an infomercial for you? Maybe a book? I wonder if there is a "How to Book for Dummies" on being a landlord yet? I'm just saying... You mix the lawyer-type info with the lay person's understanding well, and could provide so many tenant "for instances" that something could come of it. Geez, we have to watch "Swamp People, Honey BOO, and those duck-call guys with the beards," the public is starving for entertainment.