Dead beat tennants-I'm so mad I could spit

[JMPRO]

I filed a 3 day or quit notice, it took a few days to get served. Then I filed a unlawful detainer summons and it took a few days to get served. Then the defendant has 5 days to respond with an argument. Then I have to file another paper as to why his argument is bs . Then the court waits 5 more days until they will assign a court date, that could be another 20 days . Since when did I become the bad guy when this jerk hasn't paid rent for the last 3 months. I have given him every chance to pay the rent and even given him extra time with no late charge and as it turns out the law is on his side. I can't just go there and throw his crap in the street and change the locks. If this were a car, I could just repo it . This is my house and this jerk has no right to continue to live there without paying. When did illegal trespassers get all the rights. Even if I get a judgment there is no guarantee that I will ever get my money. I suppose that when the sheriffs office goes there to physically evict him they will bring him coffee and try to make the eviction as comfy as possible, no tazers please.
JMPRO

[pwd72s]

Now you know why one of those "happiest days" in my life was when I sold rental property...the only real estate I have these days is the real estate I live on. Oh...expect to find damage and a mess to clean up when you finally rid yourself of the deadbeat.

[cashflyer]

I vote for a mysterious fire.

[stevepaa]

So why can't you move his stuff to a storage locker and change the locks?

[JMPRO]

I did serve him 24 hour notice that I was coming into the house a week ago for inspection and took a bunch of pictures of the house to document the condition. It was in good shape then so I hope its still in good condition when he finally gets out. Even when he gets out it is going to cost me more in lost rent and some fixing up to get it ready to re-rent.
I can't sell this house now or I would face huge capital gains taxes, to the tune of about $80,000 so thats not really an option.
JMPRO

[Porsche-O-Phile]

Another reason that you need to initiate the process the FIRST TIME a tenant is even ONE DAY late. Because (at best) it'll take a couple of months (for which you're losing rental revenue) to get them evicted.

It sucks. This is why a lot of LL's use management companies, because they don't want to deal with the crap. It's also a reason that good tenants are gold. I consider myself one of these and as such, don't worry about being *****ed around by my LL with rent increases or other stupid schit. I have lived there for several years, always pay early or on time, and never raise maintenance issues. As such, I figure I've "bought" myself indefinite tenancy in my current place.

[JMPRO]

Originally Posted by stevepaa

So why can't you move his stuff to a storage locker and change the locks?

For some reason in the state of CA. you can't do that. Again! renters have too many rights.
JMPRO

[legion]

Originally Posted by Porsche-O-Phile

I consider myself one of these and as such, don't worry about being *****ed around by my LL with rent increases or other stupid schit. I have lived there for several years, always pay early or on time, and never raise maintenance issues. As such, I figure I've "bought" myself indefinite tenancy in my current place.

Back when I rented, I was the same. My LL raised my rent 100% over the three years I lived there. (From $400 a month to $800 a month.) The building was half-full and they were trying to make up the losses with the remaining tenants. Guess what I did? I moved out.

[JMPRO]

I had a good renter that had lived in the house since 1961. She died Dec. 05, my next renter died June 07 and he was a good renter also so 2 out of 3 good ones in 47 years is not bad.
JMPRO

[bt1211]

Being ready and able to sue is part of being a landlord.

If the tenant has not been with you for a long time, the first month they dont pay, start the process. It takes at least 3 months to get rid of someone.

Stevepaa Housing court is stacked in the tenants favor(in the over-all pic that might be the fair thing)

[Porsche-O-Phile]

Originally Posted by legion

Back when I rented, I was the same. My LL raised my rent 100% over the three years I lived there. (From $400 a month to $800 a month.) The building was half-full and they were trying to make up the losses with the remaining tenants. Guess what I did? I moved out.

That's an idiot landlord. If mine ever tried something like that, I guarantee I'd be gone within 30 days and two of my other neighbors (who along with me represent the longest-term tenants in the building) would too. They've told me as much.

It's nice to be a renter in a market like this where there are such gluts of properties on the market right now. We know we're good tenants and expect to be treated as such without stupid landlords busting our balls about stupid crap like some are prone to doing. We're free agents and can (and will) gladly go elsewhere if the games ever start.

[pwd72s]

Originally Posted by JMPRO

I can't sell this house now or I would face huge capital gains taxes, to the tune of about $80,000 so thats not really an option.
JMPRO

I sold my property carrying the contract myself...written to minimize capital gains. I had a very good contract attorney...20% down, no wraparounds, can't pay me off in any single year, most that can be paid in any single year is 25% of balance due, etc. This minimizes my capital gains liability...and those checks come in like clockwork...

But then, property was easier to unload back when I sold...supply and demand.

(edit) Jeff has a damned good point. Good tenants are like gold. Treat them well!

[Christien]

Originally Posted by JMPRO

If this were a car, I could just repo it .

Not necessarily, at least not from a legal standpoint. You technically have to go through all the same BS with a repo, except that most people never do - they just shoot first and ask questions later, and in 99.9% of the cases, no questions are asked later. You could just pull the trigger, toss him out and hope for no repercussions. If you're within your rental contract and he does fight it, you should win in front of a judge, but of course going to court costs time and/or money.

I absolutely agree though that the deadbeats definitely have the advantage, if you want to play fair and square. Form after form after form, court costs, finally get a judgment and then most of the time it's near impossible to collect on the judgment. A couple years ago I got a judgment against someone who owed me upwards of $30K. Absolutely useless. The guy's income is all in cash, 2 mortgages on the house with about $5K equity (about exactly how much it costs to foreclose). Bailiff wouldn't repo the cars in the driveway without bringing a cop with him (cops wouldn't do it), and the sheriff was served with papers to possess personal belongings, but wanted a $1500 fee to do so. What's the point in playing by the rules then? What's stopping me from just hiring some thugs?

[gr8fl4porsche]

I got rid of my rental property last year after 15 years. Life is better now. Sold my building with deadbeat tenants still living there. Someone else's problem now.

[john walker's workshop]

call the gas co. and have them shut off the gas meter and lock it. same with electricity and water.

[Hugh R]

If you can't get the money from him then 1099 him to the IRS for the full amount and let him have to pay taxes on what he didn't pay you. It won't get you your money, but at least you get to kick him in the ass on the way out.

[Danny_Ocean]

Originally Posted by john walker's workshop

call the gas co. and have them shut off the gas meter and lock it. same with electricity and water.

Not allowed (especially in CA). You cannot do anything to provoke the tenant to move, deadbeat or not.

That being said, I had a buddy who rented to dirtbags (he was a longshoreman and wasn't intimidated by many folks). His properties were in the bad part of town. When the tenant didn't/wouldn't pay, he would tell them he had to paint the front/back doors. He would remove the doors from the hinges and take them away. The tenants got the picture and would move out soon thereafter.

[dmcummins]

My dad had a family that had rented from him for so long he ended up giving them the house. His only rental property now is he ownes some storage buildings. If someone doesn't pay the rent, their stuff is auctioned off.

I had a rent house years ago and I got stuck for two months rent. He wrote me a bad check and by the time it bounce and I got the second one that also bounce he was in his second month. I told him to get out by the weekend or I was turning over the bad check's. He did leave and then I sold the place. I'm just not cut our to be a landlord.

[lendaddy]

How much are we talking about here? Maybe the guy is in a temp bad spot and you can work out a plan? I have a buddy that had a guy mow lawns and what not on his other properties.

But if he's truly a dead beat....

[JMPRO]

Right now he is into me for $4850.00 and Feb1 another $2300.00. Its not money that I need and usually just goes into a rental account but that doesn't alter the fact that he owes it to me. The rental account is to be used for future construction of a new house on the property if my wife ever makes up her mind. I've considered putting a "Slated for demolition" notice on the front yard with a Feb.1, 2008 date . On that date don't be surprized to wake up to the sound of bulldozers.
JMPRO