 In a jam (by kathy [KY]) Aug 13, 2011 6:04 AM
 In a jam (by SR [CA]) Aug 13, 2011 7:29 AM
In a jam (by SR [CA]) Aug 13, 2011 7:29 AM
In a jam (by in [IN]) Aug 13, 2011 7:31 AM
In a jam (by kathy [KY]) Aug 13, 2011 7:50 AM
In a jam (by kathy [KY]) Aug 13, 2011 7:56 AM
In a jam (by allin [VA]) Aug 13, 2011 9:23 AM
In a jam (by kathy [KY]) Aug 13, 2011 10:43 AM
In a jam (by Virden [OH]) Aug 13, 2011 10:48 AM
In a jam (by kathy [KY]) Aug 13, 2011 11:12 AM
In a jam (by kathy [KY]) Aug 13, 2011 11:16 AM
In a jam (by BRAD 20,000 [IN]) Aug 13, 2011 12:33 PM
In a jam (by kathy [KY]) Aug 13, 2011 3:27 PM
In a jam (by Reid [KS]) Aug 13, 2011 4:32 PM
In a jam (by BRAD 20,000 [IN]) Aug 13, 2011 6:54 PM
In a jam (by Janet [KY]) Aug 13, 2011 8:52 PM
In a jam (by Dan [WI]) Aug 13, 2011 8:59 PM
In a jam (by Mike45 [NV]) Aug 13, 2011 9:32 PM
In a jam (by Chris [CA]) Aug 13, 2011 11:39 PM
In a jam (by kathy [KY]) Aug 14, 2011 8:24 AM
In a jam (by Matthew [PA]) Aug 14, 2011 4:24 PM
In a jam (by Wilma [PA]) Aug 14, 2011 4:34 PM
In a jam (by tom [KY]) Aug 14, 2011 4:39 PM
In a jam (by kathy [KY]) Aug 15, 2011 5:29 AM
In a jam (by allin [VA]) Aug 16, 2011 9:25 AM
In a jam (by kathy [KY]) Aug 17, 2011 5:24 AM
In a jam (by kathy [KY]) Posted on: Aug 13, 2011 6:04 AM
Message:
State Specific Question About: KENTUCKY (KY)
Hello everyone. Hope you can help me out. Started landlording a few years ago. Everything went smoothly with my first 2 tenants so I foolishly did not continue my landlord/tenant education. (man oh man is that going to change) Now here's my pickle. I rented to a young couple who are now in the midst of a domestic violence suit. He apparently assaulted her. Now it appears the property has been abandoned. He went to jail (but has since been released and is under a EPO) She is staying with her parents, won't respond to my phone calls or text, and the rent was due 3 days ago. So, what should be my first move? What should be the very first type of notice I attempt to serve her with? Can I legally reenter the property (it's a SFH) since rent is past due and immediately begin clean up? Complicating matters more, he removed a great deal of furn. etc. from the home before he was arrested but there is still gobs of stuff in the house. Including some furniture. Please grace me with your guidance. Thank you. --74.138.xx.xxx |
In a jam (by SR [CA]) Posted on: Aug 13, 2011 7:29 AM
Message:
look in the Yellow Pages for an Attorney that specializes in Evictions. I would not try to do my mhbx
first eviction myself because if you don't do every step correctly you will have to start the process over.
Get copies of every form the Attorney serves and learn how from this situation.
Hopefully you got a good security deposit? But you cannot go in the house- get an eviction first. --174.253.xxx.xx |
In a jam (by SR [CA]) Posted on: Aug 13, 2011 7:29 AM
Message:
look in the Yellow Pages for an Attorney that specializes in Evictions. I would not try to do my mhbx
first eviction myself because if you don't do every step correctly you will have to start the process over.
Get copies of every form the Attorney serves and learn how from this situation.
Hopefully you got a good security deposit? But you cannot go in the house- get an eviction first. --174.253.xxx.xx |
In a jam (by in [IN]) Posted on: Aug 13, 2011 7:31 AM
Message:
Serve them with an evection, via his attorney.....he will tow the line, kind of on probation....
Move on --67.175.xxx.xx |
In a jam (by kathy [KY]) Posted on: Aug 13, 2011 7:50 AM
Message:
Thanks SR. I do indeed have a $800.00 SD and a good lawyer lined up. I will most definitely learn from this. --74.138.xx.xxx |
In a jam (by kathy [KY]) Posted on: Aug 13, 2011 7:56 AM
Message:
Thank you IN. I do have a good RE lawyer to go to, however if I proceed via his lawyer (which I have the contact info for on his rental app.) would he, the tenant, be respon. for att. fees? --74.138.xx.xxx |
In a jam (by allin [VA]) Posted on: Aug 13, 2011 9:23 AM
Message:
You can serve the 5 day pay or quit to the house and to the daughter and to the abuser. This will go by mail and let everyone know you need to have that house back. --67.211.xxx.xxx |
In a jam (by kathy [KY]) Posted on: Aug 13, 2011 10:43 AM
Message:
Thanks allin. Good idea. I would like to take as gentle approach as possible because they are the type to retaliate. Kill them with kindness if I have to. Not that I want to be a push over but have to be careful. 3 days after she told me about EPO my car and truck were vandalized. (I live right next door to the prop.) This is going to be a rough ride. Esp. for a greenhorn. I did do a PR on the vandalism to document. --74.138.xx.xxx |
In a jam (by Virden [OH]) Posted on: Aug 13, 2011 10:48 AM
Message:
Post a 24hr inspection notice and take camera with spare batteries, flush the toilets and watch the details like you are going to rent this for your kids, lock up and start getting estimates to go with the eviction.- --64.12.xxx.xx |
In a jam (by kathy [KY]) Posted on: Aug 13, 2011 11:12 AM
Message:
Thanks Virden. Had mentioned to them awhile back that I was going to have a sump pump installed and would have to get plumber estimates. Could use that to get in with a notice of ITE. The garbage in the kitchen was piled sky high last time I was there to change FF. I know it's got to be rotted a wreaking by now. --74.138.xx.xxx |
In a jam (by kathy [KY]) Posted on: Aug 13, 2011 11:16 AM
Message:
Just wondering what any of you thought about just doing a notice to term. lease due to non compliance with terms? --74.138.xx.xxx |
In a jam (by BRAD 20,000 [IN]) Posted on: Aug 13, 2011 12:33 PM
Message:
Before you spend a penny on an atty:
Is he out? She's already out and non-responsive = gone. Right now, their responsibility to a LL is the LAST thing on their minds.
If they are out I see no need for the cost and time delay of an eviction. My guess in they are not collectible so don't pay for court.
My judge says "would a reasonable person see enough reasonable evidence of the resident non longer living there?" No fresh food, no sleeping items, no usable toiletries in bathroom, no working TV, utils off...
Call the utils and ask if res have had hem shut off. That's instant
"abandoned" in our court.
If both out, place an ABANDONED PROPERTY notice on the door - "This house appears to be abandoned. Any items remaining will disposed after 24 hours. If ths is incorrect call ____ immediately." They will either cal and cuss you out (now we have communication!) or they'll disappear.
Wait 24-48 hours, take a ton of pictures to prove abandonment, then start boxing/bagging. Don't throw it away until you are done cleaning, painting. (except for items that spoil)
I like to take it to their new location and "deliver it" to Mom's front porch. Take more pics to show you handled their personal property with care.
On your next lease, have each new resident list 4-5 emergency contacts and sign your sheet that says "These people may accept notices, mail, or deliveries on my behalf if I am unavailable." --50.129.xxx.xxx |
In a jam (by kathy [KY]) Posted on: Aug 13, 2011 3:27 PM
Message:
Thanks Brad. Great advice. Yes they are both out and all util. have been shut off. Had never thought of having tenants list emerg. contacts to accept notices, deliveries, etc. Going to incorporate that into future leases. Going to take your advice to hold off a couple of days. Learning, learning, learning. --74.138.xx.xxx |
In a jam (by Reid [KS]) Posted on: Aug 13, 2011 4:32 PM
Message:
Put three day pay or quit notice on the front door, on day four check and see if there in any activity at the place if not ( here it would be considered abandoned) go it clean it out re-rent it . Then go after this couple in SC court .( here there is no defence for not paying your rent) --108.92.xx.xxx |
In a jam (by BRAD 20,000 [IN]) Posted on: Aug 13, 2011 6:54 PM
Message:
Kathy, If they are out and utils are off - they're gone. No need to wait. --50.129.xxx.xxx |
In a jam (by Janet [KY]) Posted on: Aug 13, 2011 8:52 PM
Message:
Ask the attorney's advice just to protect yourself against revenge from these people. Post the 24 hour notice to enter, flush toilets like advised. You can carry a couple of buckets of clean water over to flush the toilets. check to see if all water is turned off. I always check every window in the house to make sure they have not left any window unlocked so they can
come crawling back in later to do damage.
I also turn the electric back on immediately in my name so the fridge will run to keep food from rotting until you can
get in legally and clean up. If you tell the utility co it is a "temporary service turn on", they only charge me $20 to turn it on for a month or two while I do a clean up and repaint so I can re-rent.
--74.236.xxx.xxx |
In a jam (by Dan [WI]) Posted on: Aug 13, 2011 8:59 PM
Message:
I'm a little lost...what's the purpose of flushing the toilets? --173.30.xxx.xx |
In a jam (by Mike45 [NV]) Posted on: Aug 13, 2011 9:32 PM
Message:
I don't know KY law. I don't know how many days notice you need to give of abandonment or for a Pay or Quit.
Under NV law, I don't do a Notice Of Abandonment. I just go with a Five Day Notice To Pay Or Quit. If the place is really abandoned, the Tenant won't respond, I will have my lockout within two weeks. (In the meantime, I might be in to do some clean-up. But not on the record.)
I rarely evict for breach of lease. Unless it is a very clear breach (such as "no pets", and I have photographic evidence that there is a pit bull living there -- photos of the same dog chained up in the yard every day for two weeks), and the breach harms me somehow (that is, the breach is "material"), I won't try. Non-payment of rent is the best way to proceed, in my local court.
Good luck!
--216.240.xx.xxx |
In a jam (by Chris [CA]) Posted on: Aug 13, 2011 11:39 PM
Message:
Were the utilities stopped? I would serve a notice to enter and have a look-see.
Maybe they are gone for good and just leave the usual floodsam of their trashy lives behind? --118.172.xxx.xx |
In a jam (by kathy [KY]) Posted on: Aug 14, 2011 8:24 AM
Message:
Thanks everyone for all your responses. New development. Was doing some landscaping in my yard yesterday late afternoon. Up rolls my wayward tenant with 2 other SUVs of people (all females) with her. As I'm standing there with dirt all over me and gardening gloves on hands, I'm thinking uh-oh here we go. With tears in her eyes she admits she can no longer afford to stay and that she will clean, paint, and restore prop. to tip top shape and could I release her from the lease. My reply...."Why I'd be happy to." I don't know about you, but my main mission is a smooth transition in a smooth transition out, and no property damage. Her and her crew flew in like honey bees and got to work. That SD meant a lot to her and I get that. More than happy to return it to her minus prorated rent. I have no desire to keep a SD without just cause and would much rather have my Prop. back in fine cond. I gave her a move out check list and reminded her of the final walk through inspec. Whew. Couldn't have weathered this storm without you. Thank you all again. Hope the rest of this goes smoothly. If not I know where to come for the best guidance I could ever get. --74.138.xx.xxx |
In a jam (by Matthew [PA]) Posted on: Aug 14, 2011 4:24 PM
Message:
when you have cast Iron drains for the plumbing you should flush your toilet at least twice a month in order to keep the pipe from drying out. If the cast iron pipe dries it is subject to cracking down the length of the pipe, probably at least a thousand dollar hit to open wall up and replace the pipe. --96.245.xxx.xx |
In a jam (by Wilma [PA]) Posted on: Aug 14, 2011 4:34 PM
Message:
Great! That's a happy ending for you AND her - but be careful to return the sd properly. If they both signed the lease, you may not be able to make a check out to just her - get some advice from a KY LL. --96.245.xxx.xxx |
In a jam (by tom [KY]) Posted on: Aug 14, 2011 4:39 PM
Message:
You gave her all of THEIR security deposit? --63.76.xxx.xx |
In a jam (by kathy [KY]) Posted on: Aug 15, 2011 5:29 AM
Message:
Thanks Tom and Wilma. No, I have not given the SD to anyone yet and when I do it will be given to her only as it was her only on the SD check and on the SD receipt. But things have turned a bit yet again. After her and her friends appeared on Sat. and did some cleanup no one returned on Sun. to continue. She asked me if she could have until Tues. to complete everything and I told her that would be fine. However, now I'm worried because there is still a lot of work to be done over there, which leaves only today and tom. to complete, plus she works Mon. through Fri. There is no way she could compete it all by Tues. unless she spends all night both days working on it and that's not going to happen. Suggestions for what you would do after Tues. would be greatly appreciated. I have some things in mind but value your far more experienced advice. --74.138.xx.xxx |
In a jam (by allin [VA]) Posted on: Aug 16, 2011 9:25 AM
Message:
What a lucky turn of events. I generally have worked with people and accepted a place back in less than perfect condition. Tell her that she can turn the place over right now and be done with it. I would deduct clean charges from SD before I sent it back. You will move much faster on the cleaning. --146.165.xx.xx |
In a jam (by kathy [KY]) Posted on: Aug 17, 2011 5:24 AM
Message:
allin you are so right, and I did just that. She called me yesterday and said she needed an extra day to finish up. I said that was fine but as you stated I don't mind accepting the place back in less than perf. cond. I was so fortunate to be able to work this out in a amicable way. I do believe it makes a huge difference when you are willing to work with people in a compassionate (but not fool hardy) way, and as I like to say "charm them into neutral." This may not work for every landlord, but for the most part, it has for me. --74.138.xx.xxx |
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