All Forum Posts by: Hubert Kim

You may be able to modify your regular state Realtor Association rental agreement. Just detail what the tenant will have access to within the unit.

2) would you have the parents do a background check / credit check as if they were going to be living there?

Yes.

Also - these people are wanting to rent the house sight unseen bc they’re coming from out of state and won’t be here until they move here, which makes me nervous. Any thoughts on that?

This is generally regarded as a huge red flag.

As posted above, police will unfortunately not help if they determine this a civil matter (they appear to be tenants) rather than criminal matter (trespass). A cash incentive to leave by a certain date may be an option, but eviction may be your best option and not be relatively bad.

I do not have direct experience in this specific matter, so I strongly suggest you consult an eviction attorney since this is a potentially complex situation. That said, I believe the correct process in California is to immediately serve a properly written 3 Day Notice to Quit to your tenant plus all occupants. The stated reason should be for illegally subletting the unit. You may be able to do this step yourself and observe if the illegal occupants leave. This notice plus the utilities being shut off may motivate them to move on.

If occupancy continues, then I suggest hiring an eviction attorney to file an unlawful detainer in court. Once the complaint is served to the occupants, they may move. Otherwise, they will have to file an answer to the complaint. If they move, then you clean up and deduct whatever you are entitled to from the security deposit. If they do not move and do not answer the complaint, after getting default judgement and a writ of possession and realistically within a couple weeks, you should be able to get sheriffs to physically remove the occupants. If they do not move and answer the complaint, that is where your attorney will hopefully shine.

I'm not certain of this, and your attorney will be able to consult better on this matter, but you may be able to hold the tenant as liable for some or all legal costs.

Good luck and let us know how it turns out.

Many move-in inspection lists are also used for the move out inspections. Property managers/owners can give a copy of this to the tenant for their records.

Although an honest mistake may be the truth of the returned check, people normally would not make such a mistake on something as important as housing.

From your other post, it seems you have not but really should run a proper credit and background check. This should be able to confirm or deny any suspicions you have.

In California,

1. Rent to cover vacancy during week of repairs.
No. If a tenant vacates a property before the lease expires, the landlord may be able to end up using the security deposit to cover the remainder of the lease. Otherwise, a landlord may only use a security deposit to cover damages and cleaning.

2. House cleaning even though I've paid for a house cleaner and property is as clean as move-in.
No. If you have good documentation (move-in checklist, pictures at the start and end of tenancy, etc.), you may be able to argue any cleaning fees. Otherwise, this may be hard to prove.

3. Carpet cleaning even though it's in same condition as move-in.
Same answer as #2.

4. Cleaning sofa even though it's in same condition as move-in.

Same answer as #3.

Were you given an opportunity to be present for a pre-move out inspection within 2 weeks of your move out date? This is typically required unless you were served a 3-day notice to pay or quit. 

Also, CA requires a landlord to send an itemized statement of deductions to a tenant within 21 days after leaving a rental. This should include copies of all receipts for both repairs and cleaning if they are $126 or more.

If your landlord did not do the above, I suggest you communicate that you do not approve of the security deposit deductions and ask for documentation. If necessary, write a formal letter and mail it via USPS First Class Certified Mail stating relevant details. If you are not able to come to a mutually agreeable solution, you may be able to file a small claims court case.

In most states, the short answer is no.

An owner does not need to be licensed and an employee of a property owner may perform limited work on behalf of the owner.

I am not familiar with TN real estate laws, but there should be a legal process in evicting an existing tenant for a landlord to occupy. Some states may make this process more difficult. In the City of Los Angeles, California for example, this process may involve relocation costs to the evicted tenant. If a tenant has resided in the unit for more than 10 years and is at least 62 years old, then eviction is not even possible. There are many other restrictions as well.

If you are working with a real estate agent, then s/he should be able to guide you in the right direction at the least. If not, do your due diligence and find out what your process may involve.

AZ laws probably differ from CA, and some of this may depend on what your lease states, but I would suggest an amendment to the lease just in case. If all goes well, yes this would be a hassle and even a waste of time, but if something goes wrong, allowing an unlisted occupant of your lease could result in difficulties.

If you know that the new friend is residing in the unit, then s/he may become an occupant just by your allowing it. In this situation, you may want to be able to identify this new friend in the case of eviction and any issues of liability (to the tenant and landlord). In general, I would err on the side of caution and adhere to your lease.

From your posts, it seems you are on your way then. I don't know if there is anything more you can do this time around. I don't know why it may be taking so long, but perhaps there are good explanations for the timing. The eviction process is usually not very quick at all. If about six weeks have passed and you are just waiting for the Writ of Possession to be filed in court, then that may not be so bad actually.

The next time around, and with the link @Kyle J. has supplied, you can go through most of the process yourself (especially now that you have some experience with it) if you wish. Best of luck!