 30 DAY EVICTION (by SHAUN [ID]) May 9, 2017 5:16 PM
 30 DAY EVICTION (by NE [PA]) May 9, 2017 5:18 PM
30 DAY EVICTION (by SHAUN [ID]) May 9, 2017 5:20 PM
30 DAY EVICTION (by Amy [MO]) May 9, 2017 6:05 PM
30 DAY EVICTION (by Shaun [ID]) May 9, 2017 6:59 PM
30 DAY EVICTION (by Ken [NY]) May 9, 2017 7:06 PM
30 DAY EVICTION (by Shaun [ID]) May 9, 2017 7:14 PM
30 DAY EVICTION (by Ken [NY]) May 9, 2017 7:28 PM
30 DAY EVICTION (by Shaun [ID]) May 9, 2017 7:32 PM
30 DAY EVICTION (by Shaun [ID]) May 9, 2017 7:33 PM
30 DAY EVICTION (by Moshe [CA]) May 9, 2017 8:39 PM
30 DAY EVICTION (by RathdrumGal [ID]) May 9, 2017 9:28 PM
30 DAY EVICTION (by Shaun [ID]) May 9, 2017 9:49 PM
30 DAY EVICTION (by NE [PA]) May 10, 2017 5:08 AM
30 DAY EVICTION (by Vee [OH]) May 10, 2017 7:29 AM
30 DAY EVICTION (by RathdrumGal [ID]) May 10, 2017 7:29 AM
30 DAY EVICTION (by SHAUN [ID]) May 10, 2017 9:13 AM
30 DAY EVICTION (by SHAUN [ID]) May 10, 2017 9:18 AM
30 DAY EVICTION (by Moshe [CA]) May 10, 2017 9:19 AM
30 DAY EVICTION (by SHAUN [ID]) May 10, 2017 9:49 AM
30 DAY EVICTION (by SHAUN [ID]) May 10, 2017 9:54 AM
30 DAY EVICTION (by Mike45 [NV]) May 10, 2017 10:33 AM
30 DAY EVICTION (by SHAUN [ID]) May 10, 2017 10:39 AM
30 DAY EVICTION (by NE [PA]) May 10, 2017 11:18 AM
30 DAY EVICTION (by SHAUN [ID]) May 10, 2017 11:26 AM
30 DAY EVICTION (by Ken [NY]) May 10, 2017 11:41 AM
30 DAY EVICTION (by Moshe [CA]) May 10, 2017 12:47 PM
30 DAY EVICTION (by SHAUN [ID]) May 10, 2017 1:03 PM
30 DAY EVICTION (by Ray-N-Pa [PA]) May 10, 2017 5:06 PM
30 DAY EVICTION (by RathdrumGal [ID]) May 10, 2017 5:13 PM
30 DAY EVICTION (by Shaun [ID]) May 10, 2017 7:19 PM
30 DAY EVICTION (by kkezir [KS]) May 11, 2017 8:52 AM
30 DAY EVICTION (by SHAUN [ID]) May 11, 2017 9:48 AM
30 DAY EVICTION (by SHAUN [ID]) Posted on: May 9, 2017 5:16 PM
Message:
Just need some advice: just served tenants with 30 day to vacate. (Reasons: multi lease violations that include smoking weed in unit/pics to prove; moving mother & dog in; nuisance to neighbor in next unit). Pay rent but usually its late or made in multi pays. Paid up. No the issue. Anyway, they now hostile. Demanding copy of rental agreement; payment history; any correspondence sent and received.. Has anyone had to deal with this? Did you provide? Advice please
--160.3.xxx.xx |
30 DAY EVICTION (by NE [PA]) Posted on: May 9, 2017 5:18 PM
Message:
I would not give them anything, there is no sense in arming the enemy.
Cease contact except for emergencys pertaining to the unit and let the court take its course. --50.32.xxx.xx |
30 DAY EVICTION (by SHAUN [ID]) Posted on: May 9, 2017 5:20 PM
Message:
NE-- That is what my gut says to do. Agree. Thank you. --160.3.xxx.xx |
30 DAY EVICTION (by Amy [MO]) Posted on: May 9, 2017 6:05 PM
Message:
Agree with NE, they already should have the lease.
They want me to give another? $100, please. Copies cost money, as does my time.
Seriously,though, you can just send a letter stating that further communication must be in writing. No more loving phone calls, no more texts screaming at you in all caps. Snail mail or email.
Good luck- not a fun situation to be in for sure. --107.77.xxx.xx |
30 DAY EVICTION (by Shaun [ID]) Posted on: May 9, 2017 6:59 PM
Message:
Thanks Amy. --160.3.xxx.xx |
30 DAY EVICTION (by Ken [NY]) Posted on: May 9, 2017 7:06 PM
Message:
I would give them the copies of whatever they wanted just so they can't tell a judge that I refused to give them anything and change the situation from the eviction to what I did or did not do.Then I would be at the house every day just walking the exterior etc checking on things,these kind of people can't deal with the pressure and would probably be gone before the 30 days are up.On the first of next month if they were still there I would start the non payment of rent process,once they received the 3 day notice they would not pay me and I would get them in court quicker that way and get a formal eviction against them.These kind of trouble makers simply can't take the pressure when I show up every day and they just leave. --24.25.xxx.xxx |
30 DAY EVICTION (by Shaun [ID]) Posted on: May 9, 2017 7:14 PM
Message:
Ken, I'm going to let attorney handle and send them rental agreement with their letter head. They are unbalanced and gun owners (this is Idaho). Thank you for your advice. --160.3.xxx.xx |
30 DAY EVICTION (by Ken [NY]) Posted on: May 9, 2017 7:28 PM
Message:
Shaun,nothing wrong with that,probably best.I get away with it in part because I am 280 pounds 6'1 and I don't mind confortation. --24.25.xxx.xxx |
30 DAY EVICTION (by Shaun [ID]) Posted on: May 9, 2017 7:32 PM
Message:
Ken- haha . I could use you !! These two I'm evicting are hostile with me. Supposibly have no idea why evicting! Looking for something. I guess I should have given expedited 132day for illegal drug use, squatting mom & dog in small 1 bedroom, etc. No good deed goes unpunished! Just glad I'm in Idaho for eviction. --160.3.xxx.xx |
30 DAY EVICTION (by Shaun [ID]) Posted on: May 9, 2017 7:33 PM
Message:
12 day not 132 --160.3.xxx.xx |
30 DAY EVICTION (by Moshe [CA]) Posted on: May 9, 2017 8:39 PM
Message:
Actually, they are entitled to these things. The right is called "discovery", and if you do not provide it willingly, the defendant can subpoena it, and you will have lost points with the judge for being uncooperative.
--47.139.xx.xxx |
30 DAY EVICTION (by RathdrumGal [ID]) Posted on: May 9, 2017 9:28 PM
Message:
Shaun, you can get an expedited eviction in Idaho if you have proof of drug use. Marijuana is illegal in our wonderful state. --98.145.xx.xxx |
30 DAY EVICTION (by Shaun [ID]) Posted on: May 9, 2017 9:49 PM
Message:
Rathdrum- yes however since they have been there 5 yrs we were being generous. As they say no good deed goes unpunished. Do you agree with CA, that we should give them all they ask for? They are asking for copy of rental agreement, all to/from correspondence; all rental payment history. Would you supply? Are we required to? How can tenants institute discovery? --160.3.xxx.xx |
30 DAY EVICTION (by NE [PA]) Posted on: May 10, 2017 5:08 AM
Message:
Shaun, they may be entitled to that stuff, but I can almost 99.99% guarantee that they don't know that.
In court, anything I present to a judge I have to present to the tenant too. So, I make quadruples of everything
for court.
My originals, my court copy, the judges copy to keep, and the tenants copy.
I also make copies of the lease clauses pertinent to the case on a separate page. Almost like a bullet point presentation.
Then, I don't present anything unless I'm asked to. Then I will present to the judge only, unless the tenant asks for a copy or the judge asks me to show the tenant also. If they don't ask, they don't ask. --50.32.xxx.xx |
30 DAY EVICTION (by Vee [OH]) Posted on: May 10, 2017 7:29 AM
Message:
I think I would send a copy of the signed lease using cert mail, this way you have proof they denied the mail if they do and the judge wants to ask, regarding payments they should be aware of their actions and I would just bring the last 3 timely payments to the court (I do it when I file so the court has everything and there is no stumbling judge, your honor a copy of the rent receipts is in your package and it looks like this, I also submit a copy of the lease so there is no shenanigans of who is on the lease), otherwise this is another chapter of as the world turns - timeline 2017. --76.188.xxx.xx |
30 DAY EVICTION (by RathdrumGal [ID]) Posted on: May 10, 2017 7:29 AM
Message:
Shaun, Moshe is an attorney and I am not. In your shoes, I would defer to the advice of my attorney. He knows the law and the judges in your area.
I have a good rental agreement -- just had it reviewed by my attorney yesterday. (We only do M2M) If I were to supply documents, I would make sure that they supported my case. For example, the copy of the rental agreement would have every clause the tenants were breaking circled in red. Copies of any notices I supplied would show how they were written and served in accordance with the law. I would show that I had given the tenants due process and made every attempt to resolve the situation. I would also supply the very helpful LL/Tenant booklet from the ID Secretary of State with the section on expedited evictions for drug use and possession circled in red. My hope would be to show the tenants that they would lose big time, incur court/legal costs and forever have a public record for eviction and subsequent law suit for costs on-line at the State Judicial Repository.
I would let them know that the law is on my side. I will win, and it will HURT them.
Where are you in Idaho? Are you an IROMA member? --98.145.xx.xxx |
30 DAY EVICTION (by SHAUN [ID]) Posted on: May 10, 2017 9:13 AM
Message:
Rathdrum- Thank you. I have contacted my attorney for direction in this matter.
I have no issue with giving them the rental agreement & the payment history is "you are paid up to date." I have a very big problem giving them 5 yrs of correspondence. I will find out what I am obligated to do here in Idaho. Will keep you posted.
I too only do M2M & yes, I am a member. Are you? Do you go to the meetings? I have yet to go. It tends to be on a night that conflicts with other stuff. If you go, let me know & I will go so I can meet you.
Thanks again
--160.3.xxx.xx |
30 DAY EVICTION (by SHAUN [ID]) Posted on: May 10, 2017 9:18 AM
Message:
Moshe/CA- Thank you for your advice. I had a feeling you were a lawyer (verbiage). I have contacted my attorney who handled the service to find out what is required here in Idaho. I do have some apartments in CA. I may need your services at some point. So far, I have excellent tenants there! My tenants here in Idaho are all excellent too.. except for this unit. Gave them a break 5 years ago & rented to them, put up with late & multi pays, harassment of another tenant, police report filed for fighting/noise, misc drama, and pot use in unit). Eviction is for 30 days to vacate (vs expedited 12 days for drugs)-- basically for nuisance. 5 years has been long enough. Thank you again. --160.3.xxx.xx |
30 DAY EVICTION (by Moshe [CA]) Posted on: May 10, 2017 9:19 AM
Message:
Shaun:
Moshe is NOT an attorney. I don't know about Rathdrumgal.
I am a landlord just like the rest of you, but I have a fair amount of experience, I read (and dig in) about the law, and I learn from my mistakes. My educational background supports my efforts.
I would look at your problem differently than NE and others:
There is nothing to really be gained by you from withholding evidence. If you genuinely have a case against the tenant, then be honest, prepare your case and present it, and if you really have a genuine case, then providing documents to the other side won't hurt you. If there are holes in your case, then you should not be filing a lawsuit. Honesty is always the best policy. My suggestion is to examine your case, if there are matters for which knowledge of the documents would cause your suit to fail, then face up to that fact and drop your suit, and relax when you get to Heaven.
--47.139.xx.xxx |
30 DAY EVICTION (by SHAUN [ID]) Posted on: May 10, 2017 9:49 AM
Message:
Hi Moshe, I hope you didn't take that as an insult. Not meant to be. I appreciate lawyers (as long as they are on my side). Thank you for clarifying and I agree with you. I too try to know the law. My attorney said that I don't have to give them anything by law here in Idaho. I will prob just send rental agreement, as it spells it out for them exactly all the violations they made. Live and learn. I've done this for 20 some years and had only 2 legal evictions. I guess that's a good record. I am not in the business of eviction and try very hard to make it all work. Sometimes, it just doesn't. Thanks again! HOpe you guys are now out of draught! --160.3.xxx.xx |
30 DAY EVICTION (by SHAUN [ID]) Posted on: May 10, 2017 9:54 AM
Message:
Moshe, Re-read your advice. My lawsuit is a righteous eviction. They need to go due to drug use in apartment (very much illegal here in Idaho), harassing another tenant, police called for a fight, etc., 5 years of drama.
I am an honest person and have a good case against them. they are just your typical.. let me find something to counter them with, scare them with, sue them with... Idaho isn't a very tenant friendly state and it wouldn't be in their best interest as they will be paying for all the attorney fees in the end & good luck finding a good place to live with an eviction on record. At this point, I just want them out & gone. --160.3.xxx.xx |
30 DAY EVICTION (by Mike45 [NV]) Posted on: May 10, 2017 10:33 AM
Message:
I would give them a copy of the lease, and copies of any correspondence that help my case. I would not give them copies of meaningless correspondence or of the payment history.
You said that these people are month-to-month. If so, then you probably have the right to terminate on 30 day notice (60 days in CA) without cause. In which case, neither the correspondence nor the payment log are relevant (unless the T is claiming something like "I paid 4 months in advance, and the LL cannot evict me until that rent is used up"), and I would not provide them.
--71.38.xx.xxx |
30 DAY EVICTION (by SHAUN [ID]) Posted on: May 10, 2017 10:39 AM
Message:
Mike45- It's a straight right to terminate. It's in their rental agreement. Either party can terminate with a 30 days notice period. They are just fishing for something... it's the mad panic of "oh crap we have to move & have no $ to do so.." Rents in Boise have skyrocketed. They will be very lucky to find the same deal as they have had somewhere else. Hence, panic. --160.3.xxx.xx |
30 DAY EVICTION (by NE [PA]) Posted on: May 10, 2017 11:18 AM
Message:
Why would you guys provide a copy of the lease when you already give them one at lease signing?
My tenants get one at lease signing, I'm not their record keeper too.
I think at a minimum, charge for it. --50.32.xxx.xx |
30 DAY EVICTION (by SHAUN [ID]) Posted on: May 10, 2017 11:26 AM
Message:
NE- I was just in your beautiful state! Enjoyed the capital & historic sites! Was checking out Penn / Law for my college bound son.
I did supply them, for sure. I'm very ocd about protocol. My guess is they have no recs period other than texts. They are fishing.
I agree - If I do, I should charge them.
--160.3.xxx.xx |
30 DAY EVICTION (by Ken [NY]) Posted on: May 10, 2017 11:41 AM
Message:
NE,Give them the lease,who cares,it supports the landlords eviction so why not give it to them?I don't want to stand in front of the judge and have the whole thing turn into why wouldn't I give them the lease instead of there behavior is why they are being evicted --24.25.xxx.xxx |
30 DAY EVICTION (by Moshe [CA]) Posted on: May 10, 2017 12:47 PM
Message:
Shaun:
If yours is a "righteous" eviction (meaning that you have satisfied all conditions of the law), then why is there any problem to provide copies of any relevant documents? Especially since they are entitled to them, anyway?
--47.139.xx.xxx |
30 DAY EVICTION (by SHAUN [ID]) Posted on: May 10, 2017 1:03 PM
Message:
Moshe, per my attorney they are not. I am giving them a copy of their rental agreement and that's it. --160.3.xxx.xx |
30 DAY EVICTION (by Ray-N-Pa [PA]) Posted on: May 10, 2017 5:06 PM
Message:
My tenants are given all this data about a week after they move in. So if they want additional copies or have lost the original hand outs, I would gladly let them purchase a copy of the data off of me.
If they have to spend money, they will be less likely to want all the pages that I have --24.239.xx.xxx |
30 DAY EVICTION (by RathdrumGal [ID]) Posted on: May 10, 2017 5:13 PM
Message:
Shaun, I am an IROMA member for the credit screenings, but I am in Rathdrum, so don't get down to Boise much.
Sorry, Moshe -- I assumed you were an attorney as you always seem so knowledgeable about the legal code in CA. My assumption was meant as a compliment. --98.145.xx.xxx |
30 DAY EVICTION (by Shaun [ID]) Posted on: May 10, 2017 7:19 PM
Message:
Rsthdrum, nice! Do you have a website? Can I use your services? I'm gonna need them soon! My attorney just executed. 4 expedited for drugs Mű --160.3.xxx.xx |
30 DAY EVICTION (by kkezir [KS]) Posted on: May 11, 2017 8:52 AM
Message:
I guess to me.. there is little to no issue.
They are renting on a MTM. Just give move out notice (30day-full rent paying period)
You don't have to have a reason for wanting your property back.
It only becomes a big issue if they don't move out after you have requested them to.
Hopefully they will just move out. --165.201.xxx.xxx |
30 DAY EVICTION (by SHAUN [ID]) Posted on: May 11, 2017 9:48 AM
Message:
KS-- We ended up giving them an expedited eviction. Here in Idaho they will have 12 days to get out. If not, court & then 24-48 hours then the sheriff physically removes. If they are smart, they will just go. If not, it will be on their record for eviction & reason. --160.3.xxx.xx |
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