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Rental lease question: moving a tenants belongings out
Posted on 4/24/15 at 12:19 am
Posted on 4/24/15 at 12:19 am
So a tenant got behind on their rent. I had them on a 13 day lease. in the special conditions portion of that lease I put if they had not paid the full amount by the date agreed upon I would move their things to storage until full payment is paid.
well they paid 500 of the 800 owed but I gave them 3 more days to pay me the rest. yesterday was the third day and they didn't pay so I told them they have till Monday at noon to have their things out or I'll move their things to storage. Now they're trying to say I legally have to give them 10 days and then I have to get a law officer to tell them and that if I move their stuff its theft etc, etc. but my understanding is since they signed that lease saying no full payment equals me moving their things out, that they're SOL if this was a regular eviction, the method they're describing would be more applicable imo.
anyway my question is I believe technically I could move their things out tonight if I wish since the lease they signed said I could if they hadn't paid the full amount by the agreed upon date.
well they paid 500 of the 800 owed but I gave them 3 more days to pay me the rest. yesterday was the third day and they didn't pay so I told them they have till Monday at noon to have their things out or I'll move their things to storage. Now they're trying to say I legally have to give them 10 days and then I have to get a law officer to tell them and that if I move their stuff its theft etc, etc. but my understanding is since they signed that lease saying no full payment equals me moving their things out, that they're SOL if this was a regular eviction, the method they're describing would be more applicable imo.
anyway my question is I believe technically I could move their things out tonight if I wish since the lease they signed said I could if they hadn't paid the full amount by the agreed upon date.
This post was edited on 4/24/15 at 12:25 am
3
Posted on 4/24/15 at 12:41 am to hawgfaninc
Maybe you should understand renters law in your state before renting to people.
I doubt you can confiscate their stuff.
I doubt you can confiscate their stuff.
Posted on 4/24/15 at 12:44 am to hawgfaninc
If they were leasing for 13 days who the frick moves shite in? I'm moving in somewhere for 2 weeks, I'm probably rocking a big suitcase. Maybe an air mattress, towels, and bedding worst case.
Legality aside, what are you really dealing with?
Legality aside, what are you really dealing with?
Posted on 4/24/15 at 12:50 am to Tigah in the ATL
quote:
Maybe you should understand renters law in your state before renting to people.
kind of agree. I could know them better than I do. however I have my grandparents and parents to fall back on for their knowledge on these situations. they've seen a lot through the years. and I'm pretty sure they'll see things my way on this. their asleep now and this just went down a few minutes ago so thought I'd get the opinions of here before I asked them.
I'm pretty sure I'm in the right here. the tenants are at the mercy of the lease they signed and the stipulations upon it.
Posted on 4/24/15 at 12:54 am to Matisyeezy
quote:
If they were leasing for 13 days who the frick moves shite in?
they were originally on a 6 month lease. then his job made a month to month lease necessary. I'd worked with them many times in the past months when they would get behind on rent, they were late most every month. I just didn't want to go through the eviction process.
well now I've got their arse nailed. I get to avoid the eviction process because of the lease they signed.
Posted on 4/24/15 at 1:06 am to hawgfaninc
quote:
the tenants are at the mercy of the lease they signed and the stipulations upon it.
No. The lease can not have enforceable stipulations that are against the laws of your state....i.e. I can not put in the lease that the hot female tenant will blow me if her rent is 1 day late.,,,,or I could put it in there but even if she signs it I can not legally enforce it. In Texas where I own rental property I can not touch a tenants belongings or even lock them out without going through the legal process which includes filing in local civil court. If I win judgement, a constable has to remove the belongings. I can not touch the tenants stuff.
Posted on 4/24/15 at 1:08 am to Zappas Stache
In Louisiana you have to go through the courts.
Posted on 4/24/15 at 1:36 am to Zappas Stache
quote:
No. The lease can not have enforceable stipulations that are against the laws of your state....i.e. I can not put in the lease that the hot female tenant will blow me if her rent is 1 day late.,,,,or I could put it in there but even if she signs it I can not legally enforce it. In Texas where I own rental property I can not touch a tenants belongings or even lock them out without going through the legal process which includes filing in local civil court. If I win judgement, a constable has to remove the belongings. I can not touch the tenants stuff.
Gotcha. I'm gonna verify tomorrow but I believe I don't have the right to move their stuff even if it's in the lease.
This is the eviction method I'll be using from the Arkansas landlord tenant handbook
quote:
The "Unlawful Detainer" Procedure
If a landlord feels that a tenant has violated the terms of a lease or rental agreement, either
by failure to pay rent or otherwise, an unlawful detainer proceeding may be started. An
unlawful detainer action is started by giving the tenant three days notice of the lease or rental
agreement violation. During the three-day period, the tenant must either vacate the property,
or risk being ultimately held by a circuit judge to have committed a legal violation known as an
unlawful detainer. If the tenant vacates the property, usually no further legal action will take
place.
Posted on 4/24/15 at 1:50 am to hawgfaninc
You've got to list your state, people.
If you're in louisiana, I might would read this LINK.
Nevermind...you posted that you were from Arkansas when I wasn't looking.
If you're in louisiana, I might would read this LINK.
Nevermind...you posted that you were from Arkansas when I wasn't looking.
This post was edited on 4/24/15 at 1:52 am
Posted on 4/24/15 at 1:53 am to hawgfaninc
Also, add late penalties to your lease next time...for several reasons.
Posted on 4/24/15 at 2:02 am to TSLG
I do have late penalties. The problem is getting the renter to pay them.
Posted on 4/24/15 at 2:22 am to hawgfaninc
Turn it into a cycle. Late fee comes out first. $35 late fee. When they bring next month's on time, they are still late if they don't pay the $35 in time.
I'm only partially kidding. You should have tenants that you wouldn't want to do this to.
Seriously though. Those late fees will help alleviate your burden of having to go through the eviction problem. It wastes your time to have to chase a tenant down to find your money. They deserve to pay you for your time.
Go learn the process. It shouldn't be too difficult. However, I know nothing about Arkansas law, and I'm not in the mood to research people's shite for free right now after that pelicans game.
You've got this though. A couple of hours with Google and a trip to your local court will have you all fixed up.
Step 1: Find what court has jurisdiction over an eviction in your county/municipality.
Have fun. It sounds like a skill that will be valuable in the future.
NOT A LAWYER...NOT LEGAL ADVICE...GETTING A LAWYER IS ALWAYS THE BEST WAY TO PROTECT YOURSELF.
I'm only partially kidding. You should have tenants that you wouldn't want to do this to.
Seriously though. Those late fees will help alleviate your burden of having to go through the eviction problem. It wastes your time to have to chase a tenant down to find your money. They deserve to pay you for your time.
Go learn the process. It shouldn't be too difficult. However, I know nothing about Arkansas law, and I'm not in the mood to research people's shite for free right now after that pelicans game.
You've got this though. A couple of hours with Google and a trip to your local court will have you all fixed up.
Step 1: Find what court has jurisdiction over an eviction in your county/municipality.
Have fun. It sounds like a skill that will be valuable in the future.
NOT A LAWYER...NOT LEGAL ADVICE...GETTING A LAWYER IS ALWAYS THE BEST WAY TO PROTECT YOURSELF.
This post was edited on 4/24/15 at 2:24 am
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