Bill Smith wrote:
I'm not a lawyer and cannot provide you with legal advice. I was,
however, a landlord in the state of Washington for 15 years and can
provide you with the benefit of that experience.
OK, lets try to inject a bit of common sense here. Firstly; you, as
landlord, can't lawfully evict anyone. That's the County Sheriff's (or
other designated legal authority) prerogative. For most jurisdictions the
landlord will file an unlawful detainer action against the tenant and if
successful may ask the court to issue a writ of restitution. The landlord
presents the writ to the Sheriff and he or his deputy will put the tenant
and their belongings out (the eviction). That process can take anywhere
from 30-180 days to run its course depending on the jurisdiction.
You say the tenant will be gone in 3-4 weeks. It is pointless as well as
expensive to file for unlawful detainer against someone who is already
leaving. OK, the tenant is not going to pay the last months rent and
intends to convert the security deposit. It probably doesn't matter
because it is too late to prevent that now. You should have collected
First, Last and Security Deposit. When he vacates, you'll have to do an
accounting for the security deposit and any rent owing. Do it, and
present him with the bill/statement at his last known address within the
time frame allowed in your jurisdiction. If he fails to pay the debt you
can seek redress in small claims court, hire an attorney and have him
file in superior court or turn the bill over to a collection agency and
let them file/collect for you. Typically, you get around fifty cents on
the dollar for a collection agency. Legal fees will eat up anything a
lawyer collects unless there's major damage. Small claims court can get
you a judgment, but you'll have to identify his assets for the Sheriff to
attach.
Not having the lease will be a minor problem. Try to collect what
documentation you do have such as condition reports, rent receipts,
photographs of the damages or whatever you do have. You'll just have to
convince the court of your honesty and reasonableness. If the tenant
appears and admits he lived there he will be obligated to pay for his
lodging with or without a written agreement. Just how much will be
debatible. You present your position, he presents his. The judge will
decide.
Personally, I like to prevent the problem up front or negotiate with the
tenant. In the alternative, turn it over to collections. If you are going
to be successful in the rental business you'll need to approach it in a
professional manner. You might want to start out by joining your local
apartment operators association or reading the material available at your
local library on how to be a successful landlord. Understanding the law
in your jurisdiction and your responsibilities under it is the first
step.
Google on landlord/tenant +State for info on laws in your jurisdiction or
tell us what it is.
The landlord has the right to evict a tenant for cause based upon the signed
agreement.
When the tenant refuses to leave, then the courts may become involved and
direct the sheriff to aid in eviction.
It is the job of the courts to determine who was in violation of what and
penalties should be granted.
It is NOT the job of the courts to act as a babysitter.
The landlord has the ultimate decision to evict, the courts only make it
mandatory and penalize the tenant for not doing so.
I recently read the laws on landlord/tenant rights in wisconsin and learned
quite a bit.
It would appear that the practice followed by many landlords is highly
illegal.
One says a 15 day notice will be given, while another says 5 days.
Yet state law mandates a 28 day notice shall be given when the rental period
is by the month.
