 Eviction over elec & dmgs (by Lucy [IN]) May 4, 2010 2:11 PM
 Eviction over elec & dmgs (by 574-Brad [IN]) May 4, 2010 3:25 PM
Eviction over elec & dmgs (by Virden [OH]) May 4, 2010 4:00 PM
Eviction over elec & dmgs (by sdf [SD]) May 4, 2010 6:01 PM
Eviction over elec & dmgs (by Rose [CA]) May 4, 2010 6:07 PM
Eviction over elec & dmgs (by Lucy [IN]) May 4, 2010 6:45 PM
Eviction over elec & dmgs (by Chris [CA]) May 4, 2010 8:01 PM
Eviction over elec & dmgs (by billy [MA]) May 5, 2010 7:33 AM
Eviction over elec & dmgs (by Lucy [IN]) May 6, 2010 6:59 AM
Eviction over elec & dmgs (by Lucy [IN]) Posted on: May 4, 2010 2:11 PM
Message:
State Specific Question About: INDIANA (IN)
I went to collect rent at a property about 40 miles away. She had called to say her neighbor would have the rent. (duplex) No one was home but both rents were at second duplex. Went around to check softner for salt and discovered electric was off. Then went to a big garage in back and found 12 window panes broken out of 3 windows. I am certain it is her kids that did it. I want her out asap. I was writing up a 10 day notice to vacate . Due to breach of contract. (No electricity and no admittance to farm buildings) 1. Is this the proper proceedure? I am hoping she moves and I don't have to file eviction. But if I do, I will. Since she paid for this month, do I have to let her stay the whole month? Should I mention the damage in the notice since I don't have "proof" her kids did it, and then just include that in damage charges? Thanks
--74.36.xxx.xx |
Eviction over elec & dmgs (by 574-Brad [IN]) Posted on: May 4, 2010 3:25 PM
Message:
I can't comment on your procedures, as I've never had to deal with a tenant damaging things.
But I do have in my lease that not having utilities (gas, electric, sewer, water) paid for and ON is a lease violation subject to eviction. Also have in my lease that the tenant is responsible for the property.
Someone else from IN should respond, but it tends to be a LL friendly state here and I bet you'd be OK to charge them for the windows, and kick them out for having electric shutoff --66.228.xx.xx |
Eviction over elec & dmgs (by Virden [OH]) Posted on: May 4, 2010 4:00 PM
Message:
Utility shutoff normally falls under the health dept risk, deduct with photos and bills of the damages. --76.241.xxx.x |
Eviction over elec & dmgs (by sdf [SD]) Posted on: May 4, 2010 6:01 PM
Message:
By the time you get a court date it will be closer to the end of the month.
For lease violations that rent has been paid, generally a judge will allow tenant to stay until the end of the month.
--70.189.xx.xxx |
Eviction over elec & dmgs (by Rose [CA]) Posted on: May 4, 2010 6:07 PM
Message:
I would talk to an attorney about cashing the rent check and then evicting her. I would want her out asap especially with no electricity and kids. Who pays the water? is it on a well? then you need electricity to have the pump work? no working toilets?
This situation needs to be done correctly and fast...again I suggest you at least speak to an Eviction Attorney for an initial meeting and get some direction. --74.42.xxx.xx |
Eviction over elec & dmgs (by Lucy [IN]) Posted on: May 4, 2010 6:45 PM
Message:
Thanks for the comments/ideas. It is on a well system. I'm not sure tenant is even staying there. However the water softener is in her apt that softens water for both sides, hence the other side apparently has hard well water. I'm surprised she hasn't called. I did post a notice this evening for Breach of Contract, call the sheriff to make a report on the vandalism/damages and took pictures. --74.36.xxx.xx |
Eviction over elec & dmgs (by Chris [CA]) Posted on: May 4, 2010 8:01 PM
Message:
Please be careful. How about someone else calling CPA? Broken windows and no electricity does not bode well. It indicates a severe mental illness and I would be concerned for the well being of kinds in such circumstances.
What about other utilities?
You really need to bring a witness for the 24 hour inspection. You got to see the inside, maybe talk with her? The Police does a "welfare check" too.
Evictions are easier for non-payment of rent. And no way could you prove who broke those windows (there might be more damage - you got to see the inside).
Have an eviction law firm serve a notice - maybe she will move out volontarily while she might fight you, thinking less of your legal abilities? I've had good results vs my own notices off the internet. --125.25.xx.xx |
Eviction over elec & dmgs (by billy [MA]) Posted on: May 5, 2010 7:33 AM
Message:
if its over 30 minute drive i think u should sell.long distance landlording is a pain.altho a few guys here do it successfuly.an average LL should avoid it in my opinion.u went 40 miles to collect the rent??i just have them mail it to me.all may rent is in.if u cant prove they did it i would be inclined to not evict.turnover costs me 4 or 5 k.next guys wont be perfect either. --208.58.x.xx |
Eviction over elec & dmgs (by Lucy [IN]) Posted on: May 6, 2010 6:59 AM
Message:
Selling is not an option at this time. This property has been in the family a long long time. My father was born there and he would be 79 this year if he were living. (And his grandad owned it before him) It is a pain to drive all that way but picking up the rent does give me access and be able to see what is going on there myself. I will do my best to get her out asap. I would rather have to re-rent in summer than winter, in most cases. It was my own fault. I made mistakes, and most of all didn't listen to my gut which said, she is bad news sister. thanks for your comments --74.36.xxx.xx |
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