All Forum Posts by: Syed Firoz

Thank you so much Andrew.

Hello BP,

I just evicted a tenent who was subletting another family without my approval. After I found it out, I dropped a letter for breaching the contract and accepted and signed by tenent and gave 30 days to evict the property and mentioned he will lose security deposit which specifically mentioned in the lease about this. And they he did not pay rent for month of March. So I processed dispossory and got writ in 8th days since tenent did not response to the summon which sherif tacked and mailed.

Tenent was surprised to see he was evicted because he was at work. Sheriff went into the house with master key and he had my crews to remove the stuff and had them place on the drive way. After he came at the house during eviction process, he was providing his reasoning to Sheriff. And then he threat me to take the court for his procession which was removed infront of him and Sherrif without any damage. After 2 days of the eviction, he left cloths, foods, and other house holds stuff at the drive way.

he damaged the property and walls are nailed, taped, and other stains on the wall, carpet needs to replaced, and bad shape of landscaping. I would like to itemize charges and send him before 30 days.

My questions are :

what can I charge to tenent?

Is security deposit forfeited because of subletting which mentioned in the lease?

Do I take him to small court for remaining balance?

Please let me know your thoughts and thank you in advance for your suggestion.

I am planning to advertise a rental property via Zillow. Are there any disadvantage rent by landlord? 

Thank you in advance for your valuable to suggestion.

@Paul Nicklin, when buyer purchases a home via Guidance, Guidance automatically creates a LLC and charges buyer every month LLC fee. I think LLC fee is about $15-$20. Both Guidance and Buyer are partner of this new LLC. LLC creation is build-in Guidance's Loan-process.

@Brandon Ness Letter should include past dues, late fee, and any admin or processing fee which should have mentioned in the lease. Some judge often deny admin fee even in the lease; but tenant often pays before go to trial. if you google for "pay to quit" letter, you will find sample letter.

When I rent properties to tenant who does not have any credit/tenant history, I often ask them 3 or 4 month of security deposit. If in case i need to evict them after 1 month of past dues, then i start eviction process immediately which takes 3 to 8 weeks depends on trial date, sherif serve date, and tenant response date. So, i dont need to concern about default tenant because i already have enough SD.

Your lease should mention about payment type/method and stick to what is in the lease. I had similar situation where i sent "pay to quit" letter on 5th and then proceed to evict. When you file dispossessory to evict, it will force tenant to pay if he is willing to stay. If no credit history or no tenant history, you may ask SD for 3 or 4 months. It will give you some cushion if in case you need to evict them.

Thank you so much for your input. Judge already granted 7k which included past dues, late fees, and lawyer fee, not future rent. So i need to deduct 7k from SD and remaining 1k + damage which i will send invoice to the tenant. 

My tenant could not able to pay rent for last 3 months and i had to file eviction on him and received go ahead from Judge to evict him next week. Lease expiration date is end of 2019. Total past due is around 7k. SD is 6K. I need your help to decide next move about the SD. Per lease, SD can be returned after fulfill of the lease term. So, SD will be forfeited. Should i send him invoice for 7K + damage of the property and proceed with garnishment. Any suggestion in this regard, it will be greatly appreciated. Thank you so much.

Thank you for your response.

At first I filed at county court for dispos, then tenant added me to chapt13. Both showed up at county court and agreed on payment plan which they did not follow through. I informed by others that I need to request the bankruptcy judge to lift the stay (freeze.)

Thank you for your comment. Yes, I took them county court and had payment plan which they did not follow though. How long does it take to lift the stay? To hire an attorney, what is the cost?