All Forum Posts by: Elena T.

Just wanted to share in my elation - it's been a long few months!

I started the eviction process on my tenant the last week of January, and as of TODAY, I have my house back! The eviction process is the worst process I've ever completed. In California, the tenant has so many opportunities to make things right before the process is completed. I understand there are slumlords taking advantage of tenants, but there are as many tenants taking advantage of their landlord. Throughout this process, my understanding of why a lot of individuals do not follow through with the process grew. It much easier (so long as they move out on their own) to just clean up the place and get a new tenant. 

Over-all, this was a true learning experience and many a lessons were learned. Mainly, I realized I was not truly treating my investment properties as a business and it wasn't until it stuck me, hard. Because of this experience, my lease is a lot stronger, I am wiser and my investment is better cared for. 

Now, onto the next step: recouping my lost rent!

@Fred Dray thanks for the advise. I'm looking into a process server now. The home is in CA, Sacramento County. From my husbands inspection, there doesn't seem to be anything of value, but he didn't go through the few boxes.  There were boxes, old tv's (the heavy ones), mattresses a fridge full of food and trash. Only "written" notice I received was a text that said "I'm moving out." No date, time frame and no further communication from her. No response to anything.

Thank you everyone. A little background.

3-day notice to pay rent or quit was posted on a Monday, and a copy mailed. The next day, Tuesday, scheduled a walk thru, as is stated in the lease, along as we give 24 hours notice and abide by the time stated on the lease. we posted this and I  sent her a text and left her a VM. No response to either. My husband went by around 6pm on Wednesday and the place was a mess, but it looked liked she was nearly moved out. He took pictures for reference and to check the working condition of the home to see if there were any serious maintenance  issues we needed to plan for. I feel fortunate, it could be a lot worse, the place looked like it was lived in by people who just didn't care, but no malicious behavior (other than not paying) is involved. There is quite a bit of stuff still in the house. We do have a clause in the lease regarding moving out. She told me she was moving out on our last correspondence but no date, time frame was given, nor did she elaborate or give any other information. 3-days came and went. I filed my noticed of unlawful detainer and am currently looking for her to have her served.

All the information on her rental app is old. I've called all of her references, whom we spoke with prior to her moving in. No one has answered nor returned any calls. I was trying to do this without a process server or lawyer, but my time, currently is better spent on other things so I may need to go that route. My problem currently is that I don't know where she is. I have a lead, but it may take a while to pan out.

She still has the mailbox key, garage door opener and keys to the house. Therefore she's still in possession. I rally want the money that is owed to me, but what I want is to get in, clean it up and get it rented.

@Paul Bojinov thank you. The place is nearly empty. She hasn't returned my keys, and no said anything other than "i'll be moving out." But this was before I posted. She's still there, technically. I'm looking into a process server. I'm also trying to get her current work address.   Thanks!

So I'm moving forward with an eviction. This is my first. I went to the court and filed an unlawful detainer on Friday and am currently trying to locate my tenant so I can have her served. She ahs since moved out of my rental, but hasn't returned the keys, not has she told me she was out. She stopped communicating with me and, from what I can tell, did not respond to the 3-day notice. 

My current problem: I cannot locate her, to have her served. All the information on her rental application is over a year old and she no longer works for the places she listed. Neither location would provide any forwarding information. And none of her references are returning my phone call. 

Can anyone offer suggestions on how I can track her down? I'm going to keep calling her references and try her former work places again.

Hi Mark,

In CA you have to take 3 courses to sit for your license: RE Practice, RE Principles and one other off the list. Being a business major, the other class would likely be covered in by your course work: Business Law,  and Accounting. 

IMO, the school really doesn't matter as you can finish all requirements in a semester. I took all my classes a Community College. It depends on what you want to pay and your schedule. 

This link tells you the basic requirements needed and you can select a course from a school you're interested in to see if it meets the requirements to sit for the test.

http://www.dre.ca.gov/Examinees/RequirementsSales....

Good luck!

@Katrina Edwards, yes and yes. Posted and mailed.

@Neil G. I noticed the trend too, and didn't think I would do such a thing. However, after this ordeal with my tenant, I will. Why should I pay for someone else to live in my house? Essentially, that is what I am doing by not taking action. 

Tenants and toilets, two necessary evils of buy-and-hold real estate :)

@Kyle J. thanks for the information. I read and reread Sac County's eviction process and that is exactly what it said. I worked out a deal with her. I had to do it one other time and she came through, but you give 'em an inch... On the 5th, from now on, the process starts. 

@Katrina Edwards thanks! I'll keep you message handy, in case I run into an issue later on.

@Stephen Haynes thank you for the recommendation

Update - My husband went to serve her this evening, but there was no one home. He called and said he peeked through the window, as the blinds were open and the place was nearly empty, just a few boxes stacked up.  I immediately wrote a notice of inspection which we will post tomorrow morning as I call to give her my 24 hour notice of entry into the premises. 

She has 9 months left on her lease and I may be jumping the gun, but are there any other steps I should take? We have a clause in the lease about breaking early, and the penalty, but since she's already shown this side of her tenancy, I don't know what else she'd do.

I'm serving a 3-day notice to pay or quit this afternoon. It's totally my fault; I allowed an alternative method for a month, and the tenant took full advantage of my willingness to work with her. I've heard nothing for a few days.

I understand what the process if she doesn't answer, but this is a real pain in the rear. She's been a decent tenant for the first 12 months of her lease, but it was full of late payments and excuses. From now on, I must be strict. I admit, I've been very lucky in the past, with wonderful tenants, this is my first tenant that has had any issues. I didn't pay attention to  the excuse pattern until recently, when an agreed upon term was not met, nor was there a call regarding it. 

I know what I must to do, legally, to get past due monies and how to move forward if she responds/fails to respond. This thing makes me nervous as I've heard some horror stories from Landlords as California is a tenant friendly state.

Does anyone have any helpful tips, experience they'd like to share with this kind of situation? 

Cheers, Elena

Thank you everyone for your input. (Sorry for the delay, I was out of town and enjoyed being disconnected for a few days!)

Since my original post, the following has transpired:

1. Called the tenant to inform her of the bounced check.

2. Wrote a letter to her, stating the events that took place and sent her a copy of the documents I received from my bank, via certified letter. In the letter I requested this months rent paid by cashier's check or money order.

3. Spoke with client who states she was the victim of a fraud which has resulted in several overdraft charges.  She  and I talked about her plan of how to pay for Augusts rent and that this will most likely cause Septembers rent to be late too.

Yes, 48 a months is a long lease, but keeping the property occupied is important. I didn't panic, not in the financial sense. And I can carry this mortgage for about 5 more months without it dipping into my personal funds. 

We have an inspection scheduled for this Friday to go view the property and check in with her. After our face-to-face and our assessment of the property, I may wave the late fee for Septembers rent. I understand things happen, and I've been on the other side before. As I stated before she has been a good tenant, late once before, but we were informed well before it was do and had her plan of action, which she followed to the T. I would like to give her the benefit of the doubt, but as they say, "fool me once, shame on you; fool me twice, it's all on me."

I like the idea of on-line, automated payments and will look into that. 

Again, thank you for your responses.

Elena