All Forum Posts by: Dale Walker

@Lee Rimmer

The lesson is only put a deposit down if you intend to rent the property. When you are approved and then back out, the deposit is lost for the holding of the property, even if it wasn't taken off the market.  Deposits are refundable if don't get approved. Personally, I would not give a deposit until I was approved and guaranteed the unit. If a company said it was mandatory to put an application fee and deposit, I would laugh and move on. Why would I put a deposit on something that they are not offering me yet? Get approved, then put the deposit down. Realize if after you are approved and put a deposit down, if you back out you lose the deposit.  Don't put a deposit down until you know you are committed. 

I recommend that you contact the sheriff office and ask for them to bring out their drug dogs to survey the property. Given some already have been found, I suspect they would oblige. Let them do both inside and out of the house and throughout all the property.

Years ago a big windstorm broke off a limb on a tree located on the property next to mine. The giant limb blew onto my property and onto the tenants car windshield. The tenant came to me and wanted me to pay for her windshield. I told her that it wasn't my tree and she should go through her insurance for her car. She didn't have insurance to cover her car only liability. I told her to check with the next door property owner but I told her excessive wind is likely an "act of God" and it would be unlikely that they would cover it. I had to tell her "This is a great reason to have insurance which covers your apartment and car." Tenants often feel that the landlord is at fault when an unpredictable event occurs. I recommend you tell your tenant the same thing, get proper insurance. Also let your insurance do the work if she pursues it. As for your PM, let them pursue criminal charges and eviction if they are successful in a criminal case.

When a tenant has decided they are not going to pay. They wont. Best to evict as quickly as possible and not put up with excuses. I have found that people who easily make excuses and don't feel bad about it will not pay you. Best not to waste your time on them.

@John Anderson

I have used https://www.rentrecoveryservice.com/. They file the claim with the bureaus. It doesn't cost me more than just a stamp. I don't care if the tenants are mad. They are the ones being dishonest and I am the one taking the loss. If the tenant decides to sue me for reporting their damages/loss of rent, I would be glad to counter sue and get a judgement. I suspect the legal doctrine of "clean  hands" might be mentioned to the judge in my counter complaint. The lease I use gives me the ability to file and report them. Generally the tenant moves out and doesn't let me know where they are going. If they sue me, I will know exactly where they are and be able to make a claim against them. I am not breaking any laws by reporting them. Rather I am helping other landlords to avoid a deadbeat. 

I wonder if there is an issue with the building such as no heat, water, power etc. That might trigger a bunch of tenants who don't feel like they want to pay rent or just move out.  Go over and see what is going on. If everything is ok, then proceed with the eviction process. Sometimes when it rains, its pours. I have been a landlord for over 10 years now. Only had 2 evictions. Both in the same month last year.  Sometimes it just happens that way.  Find a PM who is strict and can teach the tenants proper behavior. 

Tell them it is illegal to use the deposit as rent. I would give them their 3 day notice and tell them their deposits will cover the eviction costs. Remind them that they would still owe for damages and missing rent which I would report to the credit bureaus to damage their credit.  A reasonable concern of eviction on their record and damaged credit might move them to pay the rent and move out. 

Allison,

You need to now show the apartment to get another renter. Once you have possession back of the property and the lease breakers are gone, try to get the place rerented. Once rerented, you can assess the damages the lease breakers did, calculate the loss of rent which the lease breakers didn't pay and then apply the security deposit. If they still owe you money, then you can take them to court or send it to collections. In my lease, I have an early termination clause which says they forfeit their security deposit and owe me a rerental fee. You can't just wait until the lease is up and hope to collect from them.  

I agree with the others, check your local laws and your lease. 

Personally, once they are evicted and I have possession of the property, I would store the stuff for 30 days then deem it abandoned. If after the 30 days they want the stuff back, I would tell them to pay their owed balance or I would be forced to sell their stuff as agreed in our lease. Many Pro-landlord states deem 30 days sufficient to store someones stuff before it is abandoned. If they want their stuff before the 30 days is completed, I would return it to them and when they come to get it from me I would have them served with a small claims summons to collect the unpaid rent and damages. Or after the 30 days, I would tell them to sue me for it and file a counter claim for unpaid rent, damages,  and removal fees. 

Before the 30 days, give the stuff back. After 30 days of possession, the ball is in your court.  This is coming from my understanding of Idaho Law though. I am not a lawyer though but I would feel comfortable with this in front of a judge holding our lease agreement which they broke which spells this out.  If your lease is silent about this, update it promptly!

Always have insurance on your property which covers the building and protects you. I have my renters responsible for their own property. When they move in, I tell them my insurance only covers the building and it does NOT cover any of their stuff. They need to get their own renters insurance to cover it in case of fire, flood, or theft.