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moviegure · Jun 2, 2011, 05:33 PM

My renter gave me notice last month when he paid his rent that he would be out at the end of the month he still has things in the house and the house is trashed.

ma0641 · Jun 2, 2011, 05:37 PM

As a LL, you have the right to go into the house whenever you choose, it's your house. I hope you have a damage deposit in place, otherwise, you will be on the cost for repairs. Clean out the house, store the tenant items and get it fixed. Time is money!

ScottGem · Jun 2, 2011, 05:41 PM

Did he turn over the keys? Do you have his notice in writing?

You can't just enter the premises. You generally have to give reasonable notice except for cases of emergency.

moviegure · Jun 2, 2011, 05:46 PM

He hasn't given me the keys I have gone by his place of employment to see if he was finished he wasn't there I also have written him a letter

He was on a month to month lease he wouldn't sign another 6 month lease

I also have someone wanting to rent the house as soon as we can get it cleaned out

excon · Jun 2, 2011, 05:49 PM

Hello m:

Without having his notice in writing, not having turned the keys over to you, and personal items STILL in the apartment, you MUST consider that he's still your tenant...

Since he didn't pay rent this month, you need to evict him. Once you have a court order, you can enter your house.

excon

ScottGem · Jun 2, 2011, 05:51 PM

The problem is that you have nothing to prove he has vacated. If you enter and clean out his stuff you might leave yourself open for a lawsuit.

JudyKayTee · Jun 2, 2011, 05:56 PM

Originally Posted by ma0641

As a LL, you have the right to go into the house whenever you choose, it's your house. I hope you have a damage deposit in place, otherwise, you will be on the cost for repairs. Clean out the house, store the tenant items and get it fixed. Time is money!!

Where do you live? In NY the landlord CANNOT enter a rental property whenever he/she chooses because "it's [your] house." This is absolutely and completely false information in many States.

"On the cost for repairs"? That's one of the reasons for Small Claims Court.

Fr_Chuck · Jun 2, 2011, 07:47 PM

You may post a notice on the home that you will enter 24 hours to do general maintence ( assuming you said house is trashed)

But you will need to get the keys from renter, or evict them for non payment of rent since it is the first of the month and they have not paid for this month

ScottGem · Jun 3, 2011, 03:30 AM

You can post the 24 hr notice as Chuck stated, then enter the property, if there is no response. If you do not have keys, you can hire a locksmith to let you in. If you see evidence of abandonment (take pictures, bring a witness). Then you can take possession.

Another alternative is to send him a pay or quit notice to his last known address (certified, return receipt requested) since the rent is now past due. Then follow that with filing for eviction.