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dharmeier · Feb 28, 2011, 05:04 AM

I served 5 day notice to vacate a month ago what do I do now to get them out of my house and how long will it take

ScottGem · Feb 28, 2011, 07:18 AM

First any question on law needs to include your general location as laws vary by area.

Why would you serve a 5 day notice and not follow through? I'm assuming this was a pay or quite notice. And that 5 days is what is required in your area. So if they didn't pay or quit by the deadline, then the NEXT day you should have been in court applying for an eviction order. Hopefully, its not too late to do so now.

Fr_Chuck · Feb 28, 2011, 07:48 AM

Yes, first why did you serve them an eviction notice, was it for non payment,

If so, and you did a five day pay or quit, why after 5 days did you not file in court for an eviction.

Since that is the next step you file and go to court

dharmeier · Feb 28, 2011, 09:15 AM

First the location is in deltona fl. 2nd I should not be a landlord, the only reason I am is that after my mothert in law retired we moved into a larger house to accommodate my wife & I along with 2 children and my mother in law since the real estate market took a dump we decided to keep old house as retirement home after kids graduated. So we've been renting for 5 years so far every person that has been in this house has hurt us some more severely, I never what I was getting myself into, After I served the present tenants with notice I felt so bad for them (young mother and father with a 1 year and his mom living with them) I talked my boss into hiring the dad part time but then after a week he was let go because of a Felony record, electricity, and water is also in my name so I'm hurting from more than the rent they also owe for utilities

excon · Feb 28, 2011, 10:11 AM

Originally Posted by dharmeier

2nd i should not be a landlord,

Hello d:

Yeah, and I'd get killed if I chose professional wrestling as my career. But, you DID choose to be a landlord. Like any business, it takes WORK and EXPERIENCE to make it pay. You're finding that out - even if a little late.

So, what do you want from us? You KNOW you're too soft to be a landlord. We're not going to change you. Sell the house.

excon

ScottGem · Feb 28, 2011, 10:34 AM

Yes being a landlord means you need to prepare. So you have a few choices here. You can hire a management company to take care of the property. You can do it yourself, which means educating yourself. Or you can sell.

If you decide to do it yourself, then you need to fiond and take courses on being a landlord. Your local landlord's association may give such classes. Or get a book or something. But you need to know things like how to screen prospective tenants. How to write a lease. What to do if the tenant violates the lease. How to evict, etc.

Being a landlord is running a business so you can't get sentimental.

Fr_Chuck · Feb 28, 2011, 11:08 AM

Yes, before the first tenant moves into the house, you should know eviction laws, payment laws and more.

Next you are not running a charity unless you can afford to let them stay free in the home.

It is worth your time to even hire an attorney by the hour to explain the laws toyou. And prepare paper work,

Also you can get many forms online from various law prep sites.

Do you run background check,s demand a large enough deposit, get first and last month rents?

You need to expect them to leave taking the fridge and stove, and even a air unit at times. You need to expect there to be holes in the walls, and the carpet ruined.

Then if that is not all done, you feel lucky.

Remember ifyou give it away, soon you may be the one losing the home, and they will not be there to help you.