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All Forum Posts by: Robert D.

Robert D. has started 19 posts and replied 63 times.

Post: Tenant moving but no last month paid

Robert D.Posted
  • Rental Property Investor
  • Redlands, CA
  • Posts 63
  • Votes 11

just a sample to get your appetite going http://www.photobucket.com/biggerpockets

PASSWORD: biggerpockets

Post: Tenant moving but no last month paid

Robert D.Posted
  • Rental Property Investor
  • Redlands, CA
  • Posts 63
  • Votes 11

thank you gentlemen for your advice.

Jon,


yes i did sir, he flat out ignored it, perhaps knowing he had all the time if i were to pursue that route. i did not take it past that 3 day notice

that is the plan, except my wife is suggesting i give the tenant a chance to help clean it MORE. she thinks he may want to as he saw the look on my face and knew something is going to come of this or his dirtyness. i say he had a whole month to clean, right? on the flipside of this, i, like anyone else, do not want to put out more money than i have to and possibly not be able to collect it in the long run. winning the judgement in court is easy, collecting it is the hard part.

thank God, YES !!!! have lots of pics and even video

Im not sure where you are located but i live in california and you probaly know it is very strict. its tough to fork out extra money in this economy, just wanna be able to recoup it..

Post: Tenant moving but no last month paid

Robert D.Posted
  • Rental Property Investor
  • Redlands, CA
  • Posts 63
  • Votes 11

UPDATE:
so the tenant moved out as he said he would, on the 31st of August. he left everything a mess. i was dumbfounded, i let him know how displeased i was with the condition he left it. his reply was "well this is about normal for me being here as long as i was"..he did not trash the home it was just very very very dirty...carpet survived incredibly well for what the rest of the home looked like. also he took it upon himself to have verizon fios installed, not normally a problem except he had them mount the fios box in my laundry room ! if that werent enough, he drilled a hole from the neighboring bathroom wall and inserted a hose that reached into the kitchen so that he could have water feed his fridge !!!he never asked for permission to do any of that. i realize he shouldnt ask me if he can get cable but its the location of the install that upsets me. as far as the 2250 deposit goes, he never paid the last month so i took $1500 out for that to cover. that leaves me with a remaining $750. landscaping in the rear yard was neglected as well as the front, that alone can be very expensive. interior will definitely need a repaint which can also be expensive. and showers and tubs are so filthy !! AARRGH!! tenant was seperated, wife lived in their original home. they decided to reconcile. thats where it all went south with his late payments and lack of last months payment. i have a feeling the wife made him pay for her mortgage or something. the rental is located in california and i feel like im about to get reamed by commifornia law !! tenant also knew his tenant laws as he knew exactly how much percentage wise he would have to pay for the interiors repaint. and he shows up with a camera to take pictures, im like dude are you kidding me, you wreck the home and now you wanna take pics. any judge would vote in my favor if he saw the pics, in my opinion. sorry to rant, hope this all makes sense as i brainstorm everything out of my mind !! help i need advice...

Post: cheap evictions?

Robert D.Posted
  • Rental Property Investor
  • Redlands, CA
  • Posts 63
  • Votes 11

how can i get one done in so california? ideas or recommendations?

also, if i evict the tenant and win judgement he will have to pay for my expenses correct? i know collection is a whole other issue..thx

Post: Tenant moving but no last month paid

Robert D.Posted
  • Rental Property Investor
  • Redlands, CA
  • Posts 63
  • Votes 11

hey gang, i decided to serve tenant with 3 day pay or quit notice. the california dept of consumer affairs doesnt mention anything about filing a declaration of service notice with the courthouse on its website that ive been able to find. does anyone know what i need to do with this form? thanks

Post: Wording of Late Payment Notice

Robert D.Posted
  • Rental Property Investor
  • Redlands, CA
  • Posts 63
  • Votes 11

heres what i use. got it online somewhere:

Notice of Late Fee Assessment

Date of notice: August 5, 2011

Property: 1234 property Avenue
propville, Ca. 92345

Dear jon smit,

Rental payment for the above property has not been received as of the date of this notice. As a result and according to your lease, a late charge has been added to your total balance. Your current balance is now $1,550.00 plus an additional fee of $5.00 per day for every day thereafter until rent is paid. This entire balance must be paid immediately. Your urgent attention is required. Failure to act promptly may lead to eviction proceedings. If eviction is sought, you may be responsible for additional charges, such as court and attorney fees, and your credit rating could be affected.

Please disregard this notice if you have already mailed your payment.

Sincerely,

bigbad landlord :)

Post: Tenant moving but no last month paid

Robert D.Posted
  • Rental Property Investor
  • Redlands, CA
  • Posts 63
  • Votes 11

thanks for all the advice so far. the thing is he had already put in his 60 day notice that he would move out by aug 31. so here i am without payment for august and its now the 6th. would it make sense to go thru the hassle of the eviction process since he is supposed to be out by the 31st? i realize the whole thing could go south by him staying longer and still not have paid. also he is moving back in w his wife. they were seperated. so i DO believe he will be vacating on the 31st as he said. still learning here...never ending process !

tenant has paid on time in the past except for the last 2-3 months where i have gotten 2 late half payments of rent and 2 bounced checks. he is a good guy, ive been nice to him but starting to feel abused

Post: Tenant moving but no last month paid

Robert D.Posted
  • Rental Property Investor
  • Redlands, CA
  • Posts 63
  • Votes 11

hey all, i have a scenario that may be playing out here with me soon. atleast gotta prepare if and when right.

ok i have this tenant for 15 months. is moving out by the end of august. has not paid for august yet stating he is in financial problems.
say he moves out and i still havnt gotten paid,
is court my only recourse? i still have his deposit. any ideas will be appreciated, thx

Post: LLC w/ S-Corp Election vs. Plain S-Corp

Robert D.Posted
  • Rental Property Investor
  • Redlands, CA
  • Posts 63
  • Votes 11

so is there a difference between the LLC with s-corp election verses a corporation with s-corp election?

Post: ex tenant small claims

Robert D.Posted
  • Rental Property Investor
  • Redlands, CA
  • Posts 63
  • Votes 11
Originally posted by Kevin Kaczmarek:
do you have a pre-move-in checklist from her? I know she has been there for a while and you learned alot over time, but if you have one of those signed by her she doesn't have much ground to stand on.

If you have a contractor friend, I would suggest having them give you a fair and honest estimate of work to be completed and bring that as your supporting documentation.

The better prepared, the easier it will be to express your case. Often the courts will side with the tenant, but if you come prepared you leave the judge with no choice.

Don't sweat it. Along the way you are going to run into issues that will make you and your business stronger.


Thank you for your response Kevin. I did not have a pre move in check list back then, i did videotape the entire house tho back then im hoping that will somehow help me.

are you saying i should not use my own contractor business name but a friends instead? once again thanks!