Landlord not available

My tenant is supposed to be in the hospital, but I cannot contact her supposedly due to her condition and cannot find out if she is really there due to hippa laws. I have not talked to her in several weeks, she is not there and I cannot get her by phone, lease states they have broken the contract after 5 days of non payment after month begins, plus broke it by having a dog in the house. She was keeping three grandkids and I do not know if they are still there or not. Who is looking out for them or anything. I have been talking with the daughter and they have not paid May rent, but said they will pay by the 18th and 25 and be gone by the 25th or 28th. She has another place lined up for her mom. Since I cannot get in touch with the actual tenant, can I lock them out or do I have to wait on getting an eviction and if they don't leave on their own, wait till they evict them? --71.229.xx.xx

Landlord not available (by Sparta [OR]) Posted on: May 10, 2012 2:37 PM
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Can you go to the hospital and pay her a visit? I don't think that is against the law. Can you go to the house and see who is living there? I know that is not against the law. You can mail a notice or post one on the door that you will be inspecting within X hours at XX o'clock on X date. That is where I would start. I would want to know what is going on by physically being there. I would also utilize the relationship with the daughter that you have. It sounds like it is amicable at this point. She will most likely have her mother's best interst at heart. Then work with them, in writing, always in writing, to get them out and return the keys. NEVER change the locks until then. --69.59.xxx.xxx

Landlord not available (by BillS [CO]) Posted on: May 10, 2012 2:47 PM
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In case you didn't get this from Sprara's post but I know of no state that allows for lock-outs. It is illegal to lock them out. Big time no no. --75.160.xxx.xxx

Landlord not available (by BillS [CO]) Posted on: May 10, 2012 3:12 PM
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Should be "Sparta's post" --75.160.xxx.xxx

Landlord not available (by Ken [NY]) Posted on: May 10, 2012 3:52 PM
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Start eviction proceedings,going to talk to them will just waste your time and have you believing lies. --67.252.xx.xxx

Landlord not available (by RentsDue [MA]) Posted on: May 10, 2012 4:35 PM
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Best to start eviction process. Even if you don't need it, bet it gets someone to call you instead of you having to chase them down. --24.151.xxx.xx

Landlord not available (by Robert J [CA]) Posted on: May 10, 2012 4:48 PM
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I had an elderly tenant that was suposed to be either in the hospital or transfered to a re-habilitation center for treatment. I was told by her friend, also the executive of her estate, she would be returning in two or three months and would catch up on the rent by then.

In the mean time the so called friend sub-let the apartment and kept the rent money for herself. She also removed from the mail the tenants social security checks and said she turned over the checks to the hospital as required by law.

Since it wasn't my responsbility to check or varifly any of this information I served the sub-tenants, posted and mailed a "3 day notice to pay rent or quit". I felt this would make someone show me proof on what's going on with my tenant and pay me my rent.

After the expiration of the 3 day notice I went ahead and did an eviction. After two months I got possession of my unit, did the re-hab and re-rented it out.

Five months later my x-tenant got a taxi to take her to her old unit. Her key didn't work. She called the police that she was gone for 9 months and when she returned strangers were living in her unit. The police asked me to come down to the property to explain the situation. I found out they really wanted to arrest me because of false aligations by the executor and my x-tenant. I told the police I can conduct the interview over the phone and fax over any suporting documents.

The executor/friend had phony cash receipts that said she paid me the rent. Based on this the City wanted to cook my goose.

At the end of the day since the friend/executor had stolen $20,000 out of the accouts of my x-tenant, sub-leased the apartment and pocked the rent, never turned over the social security money to the hospital -- her credability was in question and finally the police understood I conducted a legal eviction and my tenant should have called me or written me instead of leaving everything up to her so call freind. --173.55.xx.xx

Landlord not available (by Marty MCkenzie [GA]) Posted on: May 10, 2012 5:25 PM
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I did push the issue by saying if she was in the hospital I needed her to sign the agreement for the payments I was going to accept late, but that is when they said she was having panic attacks and was not seeing anyone and they had found a place for her starting next month at several hundred dollars lower rent per month. I have actually been in the house showing it the last couple of days, but did not know what I could do since she has not been seen or heard of in several weeks by phone or going by. I have ridden by and knocked on the door and am only greeted by a dog that is not supposed to be there. I know she was in the hospital one time, but whether she is now or not is the question and the granddaughter told a neighbor that Grandma had taken the other dog back to Ohio where she came from. So, the other car she owns has not been seen for weeks either. --71.229.xx.xx

Landlord not available (by Greg [MA]) Posted on: May 10, 2012 6:56 PM
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Start the eviction, the facts will start to come out. This is probably going to be the end result anyway.

PS, might not want to use your real name on public forums where your tenants might be able to search for you. --175.136.xxx.x

Landlord not available (by Heather [IL]) Posted on: May 10, 2012 7:11 PM
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"They said she was having panic attacks and was not seeing anyone" LOL, do you really believe that? I can almost guarantee you that if you go to the hospital,u you will not find her there, my advice, start eviction ASAP. --64.134.xxx.xx

Landlord not available (by Chris [CA]) Posted on: May 10, 2012 8:04 PM
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Look, we all have been there. Tenants TALK and make promises. They tell you what you want to hear. Why would they pay you on the 18th or the 25th, only to vacate before the end of the month?!?

WHEN are they getting their check?

Robert, you got to write a book when you retire - it will be a great read and sell well! --110.164.xx.xx

Landlord not available (by mm [GA]) Posted on: May 10, 2012 8:26 PM
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Did not know names showed up, didn't the first time. Thanks everyone. Will start eviction tomorrow. --71.229.xx.xx

Landlord not available (by Reid [KS]) Posted on: May 10, 2012 9:59 PM
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Go to the top of this page and look up LL/ Tenant state Laws . Read up on what it has to say about GA. I just imagine that just locking them out is Not the way to go. --108.238.xxx.xx

Landlord not available (by Gail K [GA]) Posted on: May 11, 2012 6:11 AM
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Begin the process of dispossessory (our version of eviction) with a 7 day Pay or Quit notice provided through the "tack and mail" method; send by mail, leave a notice on the front door.

In reality, Georgia statute 44-7-50 (attached here) makes no mention of a 7 day waiting period; only stating that after demanding possession and the tenant refusing, the landlord (or their representative) can immediately begin the process of eviction:

//statutes.laws.com/georgia/title-44/chapter-7/article-3/44-7-50O.C.G.A. 44-7-50 (2010)

44-7-50. Demand for possession; procedure upon a tenant's refusal; concurrent issuance of federal lease termination notice

(a) In all cases where a tenant holds possession of lands or tenements over and beyond the term for which they were rented or leased to the tenant or fails to pay the rent when it becomes due and in all cases where lands or tenements are held and occupied by any tenant at will or sufferance, whether under contract of rent or not, when the owner of the lands or tenements desires possession of the lands or tenements, the owner may, individually or by an agent, attorney in fact, or attorney at law, demand the possession of the property so rented, leased, held, or occupied. If the tenant refuses or fails to deliver possession when so demanded, the owner or the agent, attorney at law, or attorney in fact of the owner may immediately go before the judge of the superior court, the judge of the state court, or the clerk or deputy clerk of either court, or the judge or the clerk or deputy clerk of any other court with jurisdiction over the subject matter, or a magistrate in the district where the land lies and make an affidavit under oath to the facts. The affidavit may likewise be made before a notary public, subject to the same requirements for judicial approval specified in Code Section 18-4-61, relating to garnishment affidavits.

At any rate, you cannot just "lock them out".

Gail

--152.130.x.xxx

Landlord not available (by John... [MI]) Posted on: May 11, 2012 6:14 AM
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I'm usually a "do it yourself" sort of recommending guy, but I have some big concerns about some things you have said here. You may want to get an attorney and make sure you are doing this right. You are asking about illegal lockouts -- and you are SHOWING an apartment that you haven't even STARTED eviction for non-payment (or non-compliance for the dog) -- plus you fairly clearly haven't given notice to enter to do the showings, I assume.

Add to that the weird family situation going on -- and you could EASILY be walking into some real legal trouble here. You can't just magically take the place back over when they stop paying. You need to follow state law -- and I don't get the impression at all that you even know what that is -- much less know how to follow it!

- John...

--216.111.xxx.xx

Landlord not available (by Echo [GA]) Posted on: May 11, 2012 6:53 AM
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Do what GailK says. Post the notice, Gail is nicier than me I give 3 days.And then procedd with eviction thru the court. If you dont go and do this today then I promise you, you will recieve no more money, they will stay as long as you let them. You cant lock any of them out. I dont care whose there. You have to evict the tenants and all other occupants. --98.94.xx.xx

Landlord not available (by p m h [TX]) Posted on: May 11, 2012 8:54 AM
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Bill (S). in TX we can lock out for no pay so long as we follow certain procedures. --209.163.xxx.x

Landlord not available (by mm [GA]) Posted on: May 11, 2012 9:21 AM
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Thanks everyone, tack and nail and when refused start eviction. Can I go ahead and file since they have not paid and haven't seen the mom in weeks? I have asked for permission to show it and they have said they have found the mother another place and are leaving by May 25th or 28th, but don't think I should wait till then since I haven't seen the mother and cannot get in touch with her. --71.229.xx.xx

Landlord not available (by Sparta [OR]) Posted on: May 11, 2012 9:27 AM
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Yes, you should go ahead. Time lost now is time lost later. You will be that much more ready when the 25th comes and they don't do anything. --69.59.xxx.xxx

Landlord not available (by mm [GA]) Posted on: May 11, 2012 10:15 AM
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I have to give them notice I want them to leave first though? Right --71.229.xx.xx

Landlord not available (by Echo [GA]) Posted on: May 11, 2012 12:00 PM
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Ga law is vague as stated above but you do have to give them written notice. If you want it to be one day , it can be in Ga. But it depends on your judge , I think any judge would look favorably on atleast 3 days. But one day would suffice by law. Written notice for the lessee name and all other occupants.

So go today and hand deliver or leave on door if no one is home. I take a picture of the notice taped to the door. Notice can state they have 24 hours to comply or whatever days you decide. So the notice can be put out now, its just the time period in the notice that you have to decide on. This is sometimes enough to pay you. if they dont pay you within that time frame or if you dont hear from them, go file. And if they say will pay you in 5 days, go file anyways, they wont. If you dont want them to stay at all due to other factors like the dog or extra people. Then you will have to file a cure or quit. --98.94.xx.xx

Landlord not available (by Laura [MD]) Posted on: May 11, 2012 2:53 PM
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File for eviction for non payment of rent. In 25 years they have only been a few times when the reason the rent wasn't being paid made a difference. If there is a relevant reason for the rent not being paid (I have trouble thinking of one) it will come out. I am a Landlord who collected a rental payment from a tenant who died just before the rent payment was due. Let parents know they could pay the rent & move stuff out, or I could change the locks and let the courts proceed. They paid he rent & vacated the place. --72.83.xxx.xxx

Landlord not available (by mm [GA]) Posted on: May 11, 2012 6:41 PM
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Thanks again everyone, notice to leave in 3 days is on the door and I will file eviction on Monday if no action. Thanks again so much for all the help. --71.229.xx.xx

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