 Tenant abandonment (by Todd Beecher [PA]) Jul 11, 2011 11:51 AM
 Tenant abandonment (by Virden [OH]) Jul 11, 2011 1:35 PM
Tenant abandonment (by Todd [PA]) Jul 11, 2011 1:44 PM
Tenant abandonment (by Philly Lurker [PA]) Jul 11, 2011 4:11 PM
Tenant abandonment (by BRAD 20,000 [IN]) Jul 11, 2011 9:05 PM
Tenant abandonment (by BRAD 20,000 [IN]) Jul 11, 2011 9:06 PM
Tenant abandonment (by Virden [OH]) Jul 12, 2011 6:24 AM
Tenant abandonment (by Todd Beecher [PA]) Jul 12, 2011 6:55 AM
Tenant abandonment (by GA [GA]) Jul 12, 2011 5:19 PM
Tenant abandonment (by Joe [PA]) Jul 20, 2011 5:02 PM
Tenant abandonment (by Todd Beecher [PA]) Posted on: Jul 11, 2011 11:51 AM
Message:
State Specific Question About: PENNSYLVANIA (PA)
My tenant informend me in a letter on the 7th of July that they lost their job and left the property. I entered the property on the 9th of July and everything is gone.
The least was a year lease ending in Oct 2011. Damage to the property is minimal with the living room carpet being damaged which was new put in a month before she moved in.
I want to:
1. make sure I do everything correctly regarding abandonment, breaking of the least ect and plan on taking her to court. Any advice would be appriciated. I understand it might be taking blood from a stone but it is the principal of it and I plan on going through with the court case. Not to mention that it is almost 4,000 in rent.
2. It is a townhome development and her sister actually lives next door to the property.
Any advice appriciated.
Todd --198.17.xx.xxx |
Tenant abandonment (by Virden [OH]) Posted on: Jul 11, 2011 1:35 PM
Message:
Did you get the keys? this is the turning point, then photo the damage to go with the move-in photos and use the 84month rule same as IRS for carpet. --76.241.xxx.xx |
Tenant abandonment (by Todd [PA]) Posted on: Jul 11, 2011 1:44 PM
Message:
I did receive the keys they were locked in the house per the letter sent by her. I have sent out a letter with an offer for a settlement in the amount of $1850.00 (2 of 5 months rent owed)and sent it to her references and to the rental address as she is forwarding her mail.
I have offered the settlement to avoid legal action but am fully prepared to take her to court if she does not respond.
Any recommendation of companies to track where she moved to would be appriciated and is any advice.
Todd --198.17.xx.xxx |
Tenant abandonment (by Philly Lurker [PA]) Posted on: Jul 11, 2011 4:11 PM
Message:
5 months rent? They didn't pay for June?
You can't just sue for the remaining rent of the lease. You need to try and find another tenant to rent the property. If you don't find another tenant by the end of October then you can sue for the remaining amount of the lease. If you find another tenant to move in on August 1st, you can only claim the lost rent (June and July) from the vacating tenant.
The cost of finding a new tenant (newspaper ads, etc) can be passed on to the vacating tenant.
When you go to court, be prepared to show the judge your methods of finding a new tenant. They need to follow what you normally do (or did) to find the vacating tenant...newpaper ads, craigslist, etc. If the judge doesn't believe you made a good faith effort to find a new tenant, you could be out all the $. --8.15.xxx.xx |
Tenant abandonment (by BRAD 20,000 [IN]) Posted on: Jul 11, 2011 9:05 PM
Message:
Find her NOW! You cannot sue without a good address and proper "service".
I don't depreciate carpet. I charge replacement cost.
I don't understand the part about a lower settlement. Why give in?
Have her sign a Promissory Not for an agreed amount and you can sue for the note, without getting into LL/Tenant laws, depreciation, etc.
My judge won't give the remaining months, so the Early Lease Termination Fee works in this case.
On my Emergency Contacts Info page, the res signs that "these people may accept legal notices on my behalf." The sister would have been on the sheet.
--50.129.xxx.xxx |
Tenant abandonment (by BRAD 20,000 [IN]) Posted on: Jul 11, 2011 9:06 PM
Message:
And why did you let the rent get soooooo far behind?
Never again! --50.129.xxx.xxx |
Tenant abandonment (by Virden [OH]) Posted on: Jul 12, 2011 6:24 AM
Message:
--> I did receive the keys they were locked in the house per the letter sent by her. I have sent out a letter with an offer for a settlement in the amount of $1850.00 (2 of 5 months rent owed)and sent it to her references and to the rental address as she is forwarding her mail.
Any recommendation of companies to track where she moved to would be appriciated and is any advice. <-- you answered your own quesion, use cert mail with address service request, the postal service with the green card, for another dollar you get the delivered address, serve notices there. --76.241.xxx.xx |
Tenant abandonment (by Todd Beecher [PA]) Posted on: Jul 12, 2011 6:55 AM
Message:
All great advice thank you for the help. --69.253.x.xxx |
Tenant abandonment (by GA [GA]) Posted on: Jul 12, 2011 5:19 PM
Message:
She might not even owe you two months rent or she may owe more. I would NOT have sent that letter. You have a legal obligation to put it on the market as soon as you can and get it rerented. Then tenant owes you the lesser of the time you were out rent, or to the end of her lease. If you get it rented as of Aug 1, tenant only owes you for July. --74.190.xxx.xxx |
Tenant abandonment (by Joe [PA]) Posted on: Jul 20, 2011 5:02 PM
Message:
I think you got it right when you said it might be like taking blood from a stone. All you are going to do is cause yourself to loose more time and money and create a lot of aggrivation for no one but yourself. I once sued a lady for the same situation. Tennants never show up to court even if you do track them down. I was awarded the judgement and she received a blemish on her credit report. I later had it removed because I felt it was wrong to cause more hardship on someone if you are obviously more fortunate than they are. You must have her security deposit. Fix the carpet, write off a loss for July and get it rented asap!! --24.24.xx.xxx |
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