All Forum Posts by: Andrea M.

Current occupant may be the owner who is in foreclosure. You would have to follow the eviction law in your state I believe.

When does the tenants lease expire? Do you have any proof that the tenant has vacated the unit? They could possibly be preparing to move once the lease is up.

When I get those reference calls, I never give out any information on my tenants unless I have some kind of heads up or written notice from my tenant. I kindly tell the caller, I need permission from the tenant to disclose any information, take a name & number and let them know I will call them back.

I would call the tenant and tell them about the call I received but can't give out any information without their permission, which would lead into the conversation of the plan to move and why, and reference the lease regarding 30-60 day notice to move.

Regarding your question on deductions, schedule a pre-move out/move out inspection Deductions on security deposit would be based on the condition of the property outside normal wear & tear based on the amount of time they actually occupied the unit.

I think this is a touchy situation , here is my thought process:

1 - if the locks are changed, you and/ or the remaining tenant can possibly be sued for illegal eviction, unless there is some documentation of domestic violence-in my area, the landlord/owner needs to protect the victim of abuse with the proper paperwork ie protection orders (reference your states landlord tenant act on domestic violence) and notice must be given to the abuser

2 - The tenant who has vacated has not given you actual notice to vacate

3 - In order to possibly amend the current lease, you would need the vacated tenants notice in writing in this situation

4- can the current tenant afford the property on her own, including utilities

I serve all my notices myself with the exception of the actual documents that need to be served by the Sherriff and I go to court and represent myself.

In my experience I never had a tenant deny they received any paperwork.

Prior to my court date, I review the file to make sure everything is documented and I have all the copies of everything I have served the tenant with the dates of service, just in case the judge asks to see it.

You may be able to find a lease renewal addendum on the file place tab under resources.

Then you will be able to revise it based on the sections of your lease agreement you would like to amend/change, but you will have to find your original lease to quote the specific sections of your lease which are being amended.

Can you delay or reschedule the closing until you have confirmation that the occupants have vacated the property?

In my opinion and experience, any appliance that is in the unit has to be maintained by landlord/owner, unless it's documented in the lease regarding the maintenance of additional appliances.

I wouldn't do it, but I may have a plumber install a washer/dryer hookup.

In my state, if the tenant pay the rent late twice within a calendar year, I can still accept the rent payments and proceed with eviction.

Have you tried to meet and speak with the tenants to find out what's going on with them and so many late payments so often?

State specific as said in above responses. In my area, if the tenant doesn't pay after the time frame in the pay or quit, I complete the unlawful detainer paperwork ( which is available online in my area) print the # of copies I need, call the court for a court date, go to the courts and file the paperwork.

Show up to court on given date, if tenant doesn't show I usually get immediate possession but still have to file additional paperwork for the Sherriff to serve the tenants.

If the tenant shows up to court, the judge usually gives me possession in 10 days , but I still have to file additional paperwork after the 10 day period for the Sherriff to serve the tenant and for me stay on the right side of the law. Sherriff calls me and lets me know the actual date & time of the eviction, which myself, my crew/locksmith & the Sherriff shows up. Sherriff and I look around the property and if the unit is vacant, I can change the locks and proceed to prepare the unit and put it on the rental market.

If the unit is still occupied or has items in the property, I can change the locks but can't remove any items (but I can put all items in 1 room) that may be in the unit for an additional 24 period, which of course the Sherriff documents. Once that 24 hour period has passed, I can discard any/all items and can't be held liable for anything that is put on the curb.

Approximate time frame for all of this in my area, from filling the unlawful possession documents until I actually get possession of the unit 30-45 days. That's why it is important to stay on top of your paperwork.

With Section 8 tenants or any other tenants is screening and a lock tight lease. I would suggest you contact your local Section 8 office for a landlord briefing which gives you really good information on screening and the process. In my area, it's about an 1 1/2 hours, but a lot of good insight.

I have had a section 8 tenant in place for about 3 years now, and no problems with her or the rent payment. The unit was listed for $850, Section 8 approved $827.00.

The first year she was there, I did quarterly (every 3-4 months) inspections, with 24-48 hour notice, which was documented in my lease to make sure the SFH wasn't being destroyed, now I do annual inspections along with Section 8 and document it on her file. I think the landlords that have had problem, because they just sit back and collect the rent check or bad choice in the tenant selection process with no inspections.

All my units are opened to Section 8 tenants when vacant but usually gets rented before the Section 8 folks start calling.