Ask Me Help Desk - My rights as Tenant

I own a home and a I rented a room for $700 a month to a single female. The tenant moved in June 1, 2008 and has agreed to move out October 1, 2008. She has only paid $350 for Septembers rent and owes that much for the remainder of the month. She has recently been partaking in drug use and has not been there in the last month but has her property there. Because of fear of theft, I changed the locks on the house on October 2nd and waiting for a mutual time to remover her property and pay the remainder of the rent. She now has called the police and has made a threat to break down my door. The police officer tells me she has the right to do so. I am asking for help on what my rights are based on the circumstances. I a have tried to collect the rent and she refuses. What can I do with her stuff?
I must add that this was a month to month verbal agreement.

Thank you for your help

You can not legally just lock a renter out, you can be sued (serioiusly sued big time) for that.

What you should have done, is file for an eviction as soon as the rent was late, and legally evict them.

Landlords have NO, (hardly any) rights once you turn over the 'keys'... I hope you have learned your lesson! I am exhausted just thinking about your situation..

I was an RE investor for 12 years... whew! Good money, but renters will promise you the moon just to get their grubby little paws on that key. Then they are your natural enemy. Do your homework next time. You can get them out... eviction, by the court. Next time PUT EVERYTHING ON PAPER! And add your own addendum to the Lease agreement IE: 1, no drugs or your out NOW, 2 no loud parties, etc.

Get a book on the subject. Dear God Man! Don't send the rodents an invitation to drive you bats!

Quote:

Originally Posted by JazzyJx2

Landlords have NO, (hardly any) rights once you turn over the 'keys'.....I hope you have learned your lesson! I am exhausted just thinking about your situation..

I was an RE investor for 12 years....whew! Good money, but renters will promise you the moon just to get their grubby little paws on that key. then they are your natural enemy. Do your homework next time. You can get them out...eviction, by the court. Next time PUT EVERYTHING ON PAPER! and add your own addendum to the Lease agreement IE: 1, no drugs or your out NOW, 2 no loud parties, etc.

Get a book on the subject. Dear God Man! Dont send the rodents an invitation to drive you bats!

Addendum or no addendum you cannot lock a tenant out without going through the eviction process. An addendum that says "no drugs or 'your' out now" carries no legal weight - a person cannot be forced to waive his/her legal rights and that includes the right to be evicted for cause.

This particular OP has put himself in a position to be sued for damages.

Quote:

Originally Posted by JudyKayTee

Addendum or no addendum you cannot lock a tenant out without going through the eviction process. An addendum that says "no drugs or 'your' out now" carries no legal weight - a person cannot be forced to waive his/her legal rights and that includes the right to be evicted for cause.

This particular OP has put himself in a position to be sued for damages.

:confused:

Oh my! I feel I must clarify... An "addendum" is a list of rules pertaining to, and included with, (in the context in which we are speaking,) the subject rental 'agreement' and the lessors (landlords) specific instruction pertaining to it, per se.

I was generalizing an 'example' of aforesaid "addendum" in listing a few example specifications one might use therein. This (addendum) is in no way to be construed as clausable in releasing lessor from the process of evicting a lessee (tenant) that refuses to vacate the premesis upon; written, as well as verbal request by lessor, quite on the contrary! As every property owner (worth his/her salt) knows, it is simply to assist in the due process of law, to serve as both 'witness' and 'testimony' for expiditing such eviction.

:rolleyes:

You have to return her stuff you can't hold it, but you can charge her for storage fees if her stuff is still there after the lease is up, but you will have to go to small claims court to get the money as well as the rent owed

Quote:

Originally Posted by JazzyJx2

:confused:

Oh my! I feel I must clarify.....An "addendum" is a list of rules pertaining to, and included with, (in the context in which we are speaking,) the subject rental 'agreement' and the lessors (landlords) specific instruction pertaining to it, per se.

I was generalizing an 'example' of aforesaid "addendum" in listing a few example specifications one might use therein. This (addendum) is in no way to be construed as clausable in releasing lessor from the process of evicting a lessee (tenant) that refuses to vacate the premesis upon; written, as well as verbal request by lessor, quite on the contrary!, As every property owner (worth his/her salt) knows, it is simply to assist in the due process of law, to serve as both 'witness' and 'testimony' for expiditing such eviction.

:rolleyes:

It's best not to talk Attorney if you're not an Attorney because no one will have any idea what you're talking about. The Attorneys on this board set it out in simple English.

I'm a property owner - I'm worth my salt. If a tenant is a nuisance or a danger or a legal problem, I evict - addendum or no addendum. I fail to see why you need an addendum that says "don't use drugs in my house" if the tenant IS using drugs and you want the tenant out.

You are venturing into interfering with the lives of tenants when you start putting down rules - I'm not the Police, I'm not their mothers. As long as they aren't a danger to the property or other tenants it's really none of my business.

When you start adding addendums and specifically covering one situation you run a great risk of NOT covering another, giving teeth to your tenant. You cannot possibly cover every situation.

And I have no problems with addendums - I don't use them myself. The "rules" as such are written into the lease. Unless every tenant gets the same addendum you run a risk of being accused of discriminating - I am given the "no drug" addendum but the person of another race/religion/ethnic background simply by error is not - and we're off and running to the Courthouse.

This is also not a message board so, please, no eye rolling. Agree or disagree and/or explain.

Quote:

Originally Posted by JazzyJx2

As every property owner (worth his/her salt) knows, it is simply to assist in the due process of law, to serve as both 'witness' and 'testimony' for expiditing such eviction.

Hello Jazzy:

Adding stuff to a lease telling people that they can't do what already is against the law, or is already contained in another provision of the lease, is just a waste of ink.

It does NOT serve as witness or testimony, and I don't even know what the hell that means...

In terms of all the trouble you had as a landlord... Well, that could be because you didn't know the RULES. That's clear because you say that landlords have "no" rights (I suspect you meant "little" rights... )

But, of course, that's poppycock. A simple perusal of ANY state landlord/tenant law will belie that argument... And, that's OK too. Lots of people come here NOT knowing the law. Most of 'em don't insult those who do, however, and you did. What? Having a little heartburn, are you?

excon

Closed, the OP got a good real answer, and some not so good answers but going down hill