Landlord
Questions
& Their Answers
Answered by
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Landlord
Questions
& Their Answers
Answered by
a Property Management Pro
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Answered June 20, 2011 I did promise an individual that I would consider her and her family for my vacant apartment but after meeting with the husband and explaining my rules and reg, the wife then turned around and sent me a letter thanking me for considering her & her family, but within that same letter were at least two red flags for me. My unit has a working Refrigerator which I told the husband that If I give them the apartment that the fridge works but if it goes bad that I am not replacing it and I will put it in the lease. I will also copy our local MA office, Real Property Management Charles River, so that they can give you further advice. Our local office can also help you by finding a new tenant and by performing a credit and criminal background check. Answered May 6, 2011 My wife and I own a condominium that been leased for one year to a tenant since May 1, 2010. A property management company in Michigan handled the listing and the lease as we were moving out of state. By last summer, we were finding it extremely difficult to get in touch with the agent in charge of our account. We had questions about certain matters that we didn't understand but had a very hard time just getting a call back, and when we did, the agent displayed much annoyance and defensiveness. However, as long as the rent was coming in, we did not worry too much.We learned just today that some time ago the tenant had given our management company notice that she did not plan on renewing the lease, but wished to extend her stay month-to-month for an indefinite period of time. The management company - without communicating with us about anything - told the tenant that she could only stay for two additional months. We are appalled that we were not consulted about these crucial developments concerning our property. We would like to turn the management over to a different company, but we are unsure of our options at this point. If you can provide any guidance to us, we would be most appreciative. We have an office close to your property, Real Property Management North Metro, which is a large and experienced office. Their website is http://www.RpmNorthMetro.com, and their phone number is 248-808-6550. Answered April 26, 2011 My tenant is moving out in the 1st week of May. I did a primary inspection this past weekend and found out that there is a broken car sitting in the garage.What is the best way to ask them to remove the car? The car has no tires whatoever. I don't want them to damage the house when they move out of California. And if the deposit is not enough to pay for the final cleaning and repairing, what should I do? Thanks for your help. Our local office is Real Property Management North San Joaquin, their website is http://www.RpmNSJ.com, and their phone number is (209) 474-6500. It would be best to contact the tenants and encourage them to take the car with them or sell it to a salvage yard or metal recyling facility. Explain to them that if they leave the car behind, they will end up owing tow charges and storage fees, so it is in their best interest to be proactive. Normally a tow company will not charge you for the towing and storage fees but will charge the owner of the vehicle. If the tenants have damages or cleaning bills that the deposit will not cover, then it is best to turn over the debt to a collections agency if the tenants will not pay promptly. Can I charge a tenant whos been residing in my rental apartment for 3 yrs 20 dollars a week for water because the price of the water increased? If your tenant is on a month-to-month status, you can raise the rent by giving enough advance notice, one month before the due date of the next rent payment. If your tenant has signed a lease for a specific time frame, you will need to wait until after the end date of the current lease to raise the rent. http://www.mass.gov/Cago/docs/Consumer/LandlordTenant073007.pdf A tenancy-at-will does not last for any set amount of time Answered March 7, 2011 We would like to give a tenant a written notice to show the unit covering multiple days, ie Saturdays [dates] and Sundays [dates] between noon and 2:00 pm. Thank you for your property management question.
Answered February 7, 2011 Our tenant’s lease was up 12/31/10. She had paid us last month's rent upfront so she had paid for decembers rent already. She decided to move out Dec 1st. She has already purchased a property and wanted to move it. She told us she would be moving out 12/18, but she has actually moved out dec 1st and turned off the utilities on that date and was using the house as storage. We have a pool that must have the pump running and plants that need watering. Is this considered abandonment? We changed the locks on Dec 20th. Do we have the right to do this because she turned off all the utilities even though the rent was paid through the end of december? Thank you for your landlord question. I will also send a copy of this to our local office, Real Property Management Phoenix Metro. This office may have additional insight and can also help you find a new tenant if you have not already done so. Their website is http://www.RpmPhoenixMetro.com, and their phone number is (602) 368-5730. Second, you probably could have charged the tenant if you had hooked up the utilities in order to water the plants and to run the electricity, but only if hooking up the utilities was necessary to prevent damage (such as to the plants and the pool). It is probably too late to charge the tenant for this now because deposits normally need to be returned and statements of damages sent within 14 working days in Arizona.
III. Quiet Enjoyment C. If the landlord locks you out without a court order, removes your personal property, or turns off any of these services, notify him that he is in violation of Arizona law and that he must allow you back in the home, return your property, and/or restore the services. D. If your landlord has done any of these things, you may sue him for an amount equal to two months’ rent or your actual damages, whichever is greater. III. Abandonment A. If you abandon your home (which means that you move out and stop paying rent without notice to the landlord), your landlord may mail a notice of abandonment to your last known address and post a notice of abandonment on the door of the home. Answered February 3, 2011 I hope I can get an answer to my pain. I had to put my house for rent in May 2009 due to a job relocation. My house is being rented for 2 years. The contract is coming up in May 2011. I have issues with my renter/property manager. I sign up property management with a branch of RE/MAX. The agent that I used, move to a different state and they put a different guy to be in charge only of the property management. Since the start with the new guy, I had to be calling him several times at the beginning of each month to get rent deposit. In two occasions I had to transfer money of my own to cover the mortgage until I get the rent deposit to avoid overdraft fees. I finally decided to sell the house and I got a different agent for the same Re/MAX branch to sell the house in Aug 2010. She handle the property as well. She has not been helpful selling the house, since Aug. only have had 3 showings. Evidently, she is not even trying to get collaboration from the renters for the showings. The only thing she has done is keep reducing the price of the house. But this is another story. For the month of January, I got my rent on the 24th. She did not put any pressure to the renter to get my rent sooner, neither she make the effort to charge them the 5% or so that I was entitle for the late fee. Also, just discover 2 weeks ago that RE/MAX has not copy of my house keys. Nobody has keys but the renter. I would really appreciate any advice. Is there a way to report bad practice. Is there a way to get rid of RE/MAX? I sign a Realtor agreement until March 2011. At this point, I call the agent and she does not call me, answer my phone calls. Emails are super limited. I even call the Broker/owner of that RE/MAX branch. He say I will jump to it. It has been two weeks. He does not respond my calls, either emails. What to do...Please help You definitely should not stay with a property management company if you are not happy with the service you are receiving. If you can, you should send the company a written notice to cancel the contracts. You may need to wait until the end of the contracts, however. If you speak with the broker/owner and he sees how upset you are, then he may let you out of the contracts if you specifically request it. I will also forward your question to our local office, Real Property Management West Suburban Chicago, so they can call you and assist you further. Their website is http://www.RpmWestSuburbanChicago.com, and their phone number is (630) 393-1300. Answered February 2, 2011 How to evict a non-paying tenant with taking them to court? H Miller The only way to legally evict a tenant is through the courts. Our property managers can coordinate the eviction process to a successful conclusion. Often our property managers can convince a tenant to move out AFTER an eviction is FILED but before the court date (which can be weeks in the future). Our property managers can also help you quickly find a good replacement tenant. I will forward your question to our local office in D.C. to see if they can shed some additional insight. Their website is http://www.RealPropertyMetro.com, and their phone number is (301) 637-7368. Answered January 10, 2011 My parents own a private house that has a legal 2 room apartment which we rented in July 2010 to a single woman. On term of the lease is that rent is due in full the first of each month with a $75 late fee if it is received after the 5th. On August 1, 2010 the tenant gave us a bad check. Late and bank fees were demanded and
With this type of recent bad payment history, you will probably need to file for an eviction. It is rare that tenants catch up on late rent. When facing financial hardships severe enough to cause late rental payments, usually tenants simply need to move into housing that is more suitable to their new economic conditions, such as obtaining housing with lower rent or moving in with relatives. Unfortunately, many tenants are not proactive in adjusting their living arrangements to fit their budgets, so the landlords must file for eviction and find new tenants. I will refer your question to our local New York office so that they can follow up with you and find out if you would like their help in coordinating an eviction and finding a new tenant. This is our Real Property Management Rockland office, and the website is http://www.RpmRockland.com. The office phone number is 845-215-9915. Answered October 19, 2010 I have an available unit where a qualified tenant would like to lease the property beginning three months from now. He says he is going through a short sale on his home he currently lives in and wants to lease my place for three years when he moves out. If I go through with this, how should I have the lease read and what kind of deposit should I get? Thanks. The scenario as you’ve explained it is alarming. I would not seriously consider renting to a prospective tenant who is going through a short sale on his home. The short sale may never occur, which would leave the tenant’s property foreclosed upon and the tenant on the verge of bankruptcy during his first month in your rental. Although more recent federal bankruptcy laws contain more protections for landlords, it is still possible for a tenant that files bankruptcy to avoid paying 1-2 months of rent before you can evict him. That leaves you 1-2 months (or more) without a rental payment and a hefty legal bill for the eviction on top of that. The California Tenants handbook is found online at http://www.dca.ca.gov/publications/landlordbook/catenant.pdf Travis Oler Answered September 2, 2010 I have a rental property that was left filthy and damaged far beyond the damage deposit that I had acquired. I don't know where the tenants moved to but I believe that the cell phone numbers I have may still be good. What recourse do I have? Is it worthwhile to try to sue them? If so, what type of documentation do I need? I did not take pictures of the home before they moved in but they did sign a lease stating that it was in a clean and habitable condition. I do have pictures of the condition in which they left the property. Would legal aid be an option or will I have to go to the expense of an attorney? How do I choose an attorney and can I recoup legal fees from the offending tenants?Thank you in advance for your help.
Edmond, Oklahoma Thank you for your question. I have included your question below my signature for your convenience.
The best way to handle a debt that tenants owe you is to take the debt out of the security deposit. If the debt cannot be fully covered by the security deposit, then you can send the tenant's debt to a collection agency.
I will forward your question to our nearest office in the Oklahoma City metro area, Real Property Management Enterprises http://www.PropertyManagementEnterprises.com , who can refer you to a
collections agency and also screen and place a new tenant into your property.
Answered August 2, 2010 I have a property management company, my tenant moved out with proper notice but did not clean the house and did minor damage, he had $2500 on deposite.I personally did the cleaning and repairs and requested the management co withhold $900. Over 30 days has passed since tenant moved and I have not been paid.What recourse do I have? Because Texas law states that the tenant should be sent his or her deposit less any deductions within 30 days, you should also expect to be sent your expenses that have been subtracted from the deposit within 30 days. It could be that the property management company is planning to send the check soon, or that the check is in the mail, so you should certainly call the property management company and ask. ------------------------------------Answered June 17, 2010My mother owns a house that she rents out...The person that lives there has not paid rent for two months..We are now in the process of eviction..My question is she has put more locks on the door and we cannot enter..I would like to know can we break the locks and enter the property?? Or do we have to wait for the eviction to go thru??? Thank You for your help -----------------------------------Answered March 17, 2010 I have an investment property with a tenant occupying it -someone has broken in and broke the door - is it the responsibility of the landlord to repair it or is it the responsibility of the tenant? (using his renters policy for example?) Thank you for submitting your question. I will forward a copy of your question to our local office, Real Property Management Northeast Atlanta, for follow up. If the actions of the tenant or the tenant's guests did not contribute to the damage, then the landlord would normally be responsible to repair the damages. Renters Insurance will not cover damage to the residence, only damage to the renter's personal belongings. The landlord's property insurance may cover the damages, however, in case of a criminal act.
Even in the instance of a tenant being responsible to pay for the damage to the door, it is probably in the landlord's best interest to make the repairs and bill the tenant so as to prevent further damage to the property.
--------------------------------Answered March 12, 2010 I am a new landlord renting my first property. I want to double check before I do this. I have a couple who has filled out their application and they are both undergraduate students employed by a local university. They both make $12,500 a year. Rent on my units is $750 a month.
Is there anything against the law in me asking if they have additional income, student loans, etc.. Is there anything wrong with me asking how they plan on paying the rent with only netting $25,000 a year and a 1/3 of that going solely to rent? Thank you very much.
Dan, ---------------- We have a rental property (condo) that has had the same tenant for 12 years. He has been an excellent tenant and often we have renewed the lease at the same rent just to assure he stays. The current lease ends 12/31/2010. Unfortunately, my husband and I are divorcing. After all is settled, my husband will reside in the condo. Inevitably, the divorce process will take a few months and likely will be finished prior to the end of the lease. We are wondering if, in the interest of legality and just being fair/nice, we should stick it out and not attempt to do anything with the lease and just inform him in september or so that the lease will not be renewed and we need him to vacate. we just wanted to run that idea by you. Also, his deposit has been held for 12 years and given normal wear and tear, we'd assume he'd be entitled to the entire amount?
If the lease is valid until 12/31/2010, then you will legally need to honor the lease as long as tenant fulfills the conditions of the lease.
If the divorce is finalized sooner than 12/31/2010, then your ex-husband will probably need to find a different living arrangement. Your ex-husband would probably be entitled to the rental income on the condo until the tenant moves out if he receives the condo solely as his property in the divorce.
You could always offer the tenant an incentive to move out prior to the end of the lease if that made sense.
After a long tenancy of 12 years there will probably be very little damage that is NOT fair wear and tear.
I encourage you to visit this page for more information on California landlord/tenant law:
------------------------------ We have a residential property up for rent, and a military individual responded who indicates he will be deployed overseas very shortly. He will have his fiancee and child reside in the unit while he is away. He represents he want to move to our area because it's close to his financee's family. Only he will sign the lease as she does not work. If we do not receive the rent I understand we will not be able to evict because of a Federal protection act called SCRA that protects him and his dependents. Am I looking for trouble if we rent to them?
It is good to have a policy that all adults who will be living in the rental unit must sign the lease and pass a criminal and credit background check even if all adults do not have income.
Military tenants are usually high quality tenants who pay their rent on time. In some states it is illegal to discriminate based on veteran status, however. It can be a little bit more difficult to evict military tenants and their dependents if necessary, but it is only extremely difficult under rare circumstances. Please see the following link:
---------------------------- We had a "tenant" pay 1/2 sec. dep., sign a 1 year lease and then would never show up for the appointments to pay the remaining dep.,1st months rent or recieve the keys to the house. She would make the appt, and then not show. Now, after 1 1/2 months, she's contacted us to see if we have rented the property to anyone else. What is our right as landlords. Are we entitled to keep the partial deposit for loss of rental income? Or, is she entitled to a refund because we never totally executed the lease?
It is good that you had the tenant sign a lease and pay a partial deposit. Because the tenant did not take possession of the property, you will not need to evict the tenant. The tenant will owe rent from the start date of the lease until the rental unit is re-rented, but you must make reasonable efforts to re-rent.
------------------------------Answered March 8, 2010 I have a house which is on probably the worst street in the town. I know why did I buy it on that street? At the time 5 years ago the neihborhood was improving and the city was talking about putting a school, train station and stellite police station in the area. Of course none of that ever happened. Regardless of that I was always able to rent it even though it may have taken a little longer than other areas of town. I started out getting $1240 and $1200 for rents. The next set of tenenats were paying $978 and $1050. Now I have it advertised at $900 and it has been vacant for 6 months. As soon as anybody hears where it's located to they don't want to see it so the never get to see how nice it is. I got the mortgage modified but thats not helping me since I can't rent it. I'm about to do a deed in lieu of foreclosure. What do you suggest.
I'm very sorry for your predicament, I truly am. You are finding out firsthand that if you purchase an investment property in a bad neighborhood the property is a liability and not an asset. __________________________ Is there a way to report bad paying (or even non paying) tenants to a credit agency like Equifax or Transunion? I thought I heard of this but am not able to figure out how to go about reporting delinquent and tenants who have skipped out on us owing us thousands of dollars.... at least if we are not able to collect I would like it to go on their records so hopefully they will have a harder time going to rent the next place and/or if they need to get credit somewhere it will come up on the creditreport that they still owe their previous landlord money.... Thanks for any assistance you can give me... Linda
Our property management offices send tenants to our preferred collection agencies on a regular basis. We also screen the credit and criminal background of tenants before we place them into rental units in order for our rental properties to have high quality tenants. I will forward your question and contact information to our local office Real Property Management Coast http://RpmCoast.com so that our specific procedures can be explained in more depth.
___________________________Answered Feb. 23, 2010 We have serious plumbing issues caused by foreign objects in the plumbing system. The current tenant has lived in the property almost a year.It costs us more than $6000 to repair. The tenants gave a lot of excuses tostop the repair, and claim the place is inhabitable because of mold (whenthe mold specialist stated there was no evidence of mold) and noise due to
the repair (drying fan to remove the moisture from the water damage).
Prior to the plumbing issue, the tenant expressed their wish to terminatethe lease early. The early termination fee is 2 month rents as specified in
the lease agreement.
I think they plan to abandon the house after this month. Can I recover thecost of repair, early termination fee, and further damages if any? If so, do
I just need to file in the small claim court and turn it into collections.
If they abandon the house, do I need to file the eviction?
Thanks
It is unfortunate that you have to deal with this problem tenant. Our franchise office near you has dealt with abandoned property and has coordinated evictions, so I will forward your contact information to them. This is the Real Property Management Northeast Atlanta office http://RpmNeAtlanta.com . This office can also place the tenants' debts to collection and screen the credit and criminal background of your new tenant. ___________________________Answered Feb. 18, 2010 Hi:I own a rental condo. I know that the management company takes care of theoutside of the building. Can I claim depreciation, for the carpet,appliances that are inside the house? What would be the formula. Is the same
27.5 divided by the value of the principal that I currently owe to the Bank?
Thanks for your input
Nestor
For this answer, I will refer you to this source from the IRS:
Table 2.1 in Publication 527 says: Residential rental property (buildings or structures)
and structural components such as furnaces, waterpipes, venting, etc. 27.5 years
I will forward your contact information to our Real Property Management office in San Jose so that they can assist you further. Their website is www.rentalplacesanjose.com .
_________________________ Answered Feb. 1, 2010 My daughter signed a year lease not reading or understanding the terms, $900.00 a month she and a roomate agreed to with a 5% late fee every month. Is this fee legal, thay are paying $1600 a month in late fees well over the amount of the rent. I too am a landlord and was under the impresion late fees cannot not be abouve a certain percent. I am sugessting that she breaks this lease and cut her losses. No one can afford that loan shark rate this day and time and what kind of person would take advantage of 2 students 19 years old.
Please help!
A 5% late fee is fairly normal for a residential lease. Some states regulate the size of the late fee, and some state courts may reject a 5% late fee. I looked at the Georgia state website and did not notice a hard and fast limit on the late fee amount that is legal. Travis Oler
____________________________ Answered Jan. 27, 2010 What happens if an application gets approved. Offered was accepted. Tenant gave half of the deposit. The day of signing the contract Tenant called letting us know they were canceling the offer. Are we responsible of returning the deposit? If the prospective tenant did not sign a document acknowledging that thedeposit is non-refundable, then you will probably need to return thedeposit. The best way to accept a deposit in order to hold a property is toalso have the prospective tenant actually sign a lease but to hold the keysuntil the tenant brings in the rest of the deposit and first month's rent.
Travis Oler
_______________________Answered Jan. 25, 2010 I had a tenant who lived in my rental property for 6 years. The Management company had been doing all the trouble-shooting for us, as the landlord. After they moved out, we just realized that the house was a total mess, torn carpet, mold, etc. It cost us almost $40,000.00 to repair it to the origin condition. We are asking the late tenant to pay the 6/20( six years they live there) cost. The
tenant refused.
The question I have here are:
1) The tenant claimed that they did report the problem, but had been ignored. The Management company denied the statement. We are thinking take the tenant to the small claim court to get the issue solved( they hired the attorney and demand the security deposit
return). Do we have a good case?
p.s. The tenant did breach the contract for having a big dog and more
than one cat while they lived in the property.
2) How could I make sure that the Management company did/do their job? We do find out that they don't response promptly, even from us,
the landlord. Sometimes could take them a month to get back to our question.
Thank you for your property management question. I will forward this also to our local Portland area office for their input. Lack of prompt response from the property management company to this problem has certainly exacerbated the situation, and you should hire a different property management company. The property management company should have been doing regular inspections 2-4 times a year and following up with the tenant on the damage well before this point. When the tenant expects
regular inspections, then the tenant will take better care of the property. Regular inspections would have probably also turned up evidence of illegal pets on the premises.
If you move forward with legal action, the judge would probably react favorably to any damages that could be proven to be the result of the illegal pets. With the mold and other issues, if the tenants can prove that they contacted the management company and that the management company's neglect contributed to the problem, then it will be difficult to collect on damages from these causes. Also, with a very long tenancy of 6 years, normal wear and tear might be construed fairly liberally, to include
replacement of the carpets and repainting of the interior, for example.
Travis Oler
_________________________ Answered Jan. 22, 2010 I have tenants that I know are looking for a new place to liveeven though their lease does not expire until June 1, 2010. I received acall from another property manager wanting a tenant reference. There are noproblems with my property; other than the tenants advise they can no longer
afford the monthly rent.
How do I enforce the collection of remaining rent due as per their lease.Is their some kind of lien attached to them, or do I report it to the Credit
Bureau?
I'm guessing they forfeit their security deposit as well?
Thanks in advance for any guidance you can provide.
Yes, if the tenants break the lease, the tenants will still owe the rent until you find a new tenant. If the tenants leave quickly and voluntarily, that is certainly much better than if they force you to prosecute an eviction against them. You will need to send to collections any amount owing that the deposit does not cover. Travis Oler
____________________________ Answered Jan. 21, 2010 A year lease will be up on our home in WA. We sent a new lease with a new monthly rent of $80 more. The agreement is up Feb. 1, I emailed a new lease and addendum on Dec. 28th. Since I didn't hear, I emailed again and then called. I finally reached a male tenant on Jan. 18th and talked to him stating I would resend it to his personal email address that he gave me on the phone(didn't have new contact info). I finally received a cryptic response back tonight (the 20th) that with all that is going on, they want to discuss the increase and the lease. The question is, they have not given a 30 day notice to leave nor do we have a signed lease and have put off any discussion until now. What is our recourse - we obviously want to keep the rent coming in since it is winter and we are in bad times. What should we do and what are our choices and the law?
Real Property Managementhttp://RealPropertyMgt.com
___________________________ If my tenant breaks the lease unexpectly, can I deduct the remaining lease agreement amount on my tax returns Normally if a tenant breaks a lease through no fault of the landlord (such as if the property does not meet livability standards), then the tenant will owe the amount stated in the lease UNTIL the property is re-rented. The landlord is expected to make a reasonable effort to re-rent the property, but may usually charge the old tenant for advertising and other re-rent costs. You should send the tenant to collections or have your property management company send the tenant to collections. If the tenant will not pay the legal amounts owing, then the bad debt can be treated like other bad debts. Travis OlerReal Property Management
________________________________Answered Jan. 11, 2010 I have a tenant that has terrorized us since 2 weeks into the tenancy, he has vandalized the outside, made up an order for stalking on my husband,(his girlfriend) in this order she also claimed that we had been entering into the unit and took $800.00, and scared her step children, he claimed we withheld heat,(he sent the police over to our other house, we walked over 1 min away he had the front door wide open and the kitchen windows open) water and electricity, we countered with an order on him for harassment. We've had 2 emergency plumbing issues in the space of 3 days after we went to court to get an order to allow us to enter the unit with police to fix his shower, which my worker had turned off the water only to, he had disabled our cable,phone & internet claimed that comcast told him to do this with the cable from his TV out the living room window to the line to the house, He has a one bedroom unit we have the back 2 rooms (with a futon that can also function !as a bed with a cat in residence also)and the basement is in use for storage for my biz, after fixing the 2nd repair he gave us this crap about the 800.00 being found (their druggies) I pretended to accept their line we went together to court next day, we both dropped our actions against each other he claimed he would move out, still here! We've done the claim to quit more than enough time to legally act on this the demand for payment, went down to the court house with notarized letters of the amount owed & his non-military status, he's on disability for mental instability, Jan rent also has not been paid ( we notified him by letter of the increase with more than 30 days notice)we went to the sheriff's dept to have him served with the eviction writ, I've made a chronological list of the events which have been many, including texts and incidents (one day we had the police here 5 times)the last texts from here involved an attempt to get me to accept 400.00 of a 800.00 rent with! her paychecks to finish up the balance until they are caught up they didn't even have the 400.00, with their notarized letter of intent to pay, then he wanted to know how much to stay another week, told him since they had prevented us from rented the unit out at fair market value to another who was scheduled to move in from CT, the unit is now off the rental market. He has until the 19th of this month to respond. What are my options if this creep wants still to contest the eviction. Thank you for your timeSincerely T.M Berger-Lister I am replying to the question that you submitted. I have included a copy of
your question below my signature for your convenience.
Real Property Management has over 100 operating offices in the United Statesand Canada. I will give you a brief answer, but also forward your questionto our nearest office, Southern New Hampshire Real Property Management http://RealPropertyNH.com , so that they can respond as well.
This certainly is a bad tenant! The cleanest type of eviction is fornon-payment of rent, so if the January rent is not yet paid then you shouldobtain a court date as soon as possible. Do not accept a partial rentpayment, and remember to ask the court for all of the late fees allowed inthe lease. If you need help in processing the eviction, our office can
coordinate the eviction process and place a new tenant in the vacancy.
Travis OlerReal Property Management
________________________Answered Jan. 11, 2010We own our a property management LLC co. for our 14 units. Everything goes through the co. and bills and rents are paid to our co. name. Tenant left and we had to spend $4,000.00 to repair newer duplex. We sent letter to tenant with amount owing us after deducting deposit. Tenant is taking only the landlord which is me the wife to small claims court for deposit. She has my first name wrong and did not mention my husband or our company name which is on her lease all documents we use, along with me and my husband's. Claim notice not served to us but to our ups store which we did not sign for. Can she just sue one landlord and not my co. P.s. duplex is in my husband's name had it before we were married Real Property Management has over 100 operating offices in the United States and Canada. I will give you a brief answer, but also forward your question to our nearest office http://RpmProfessionals.com .
I assume that in small claims court neither of you will be represented by a lawyer. Therefore, the judge is unlikely to delay the case indefinitely on legal technicalities such as whether the notice to appear was served on the owner of the property or the owner of the management company.
As long as you can (1) produce bona fide receipts for the damage that was done and (2) the damage was worse than that allowed for fair wear and tear, then there should be few problems when you and/or your husband appear in court.
Travis OlerReal Property Management
____________________Answered Jan. 8, 2010 When a resident has asked for a reasonable accommodation such as a pet with Doctors orders, where do we stand on the issue they raise that they need two pets? Does not a doctor need to qualify that also? Jenn,
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