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ForumsArrowGeneral Landlording & Rental PropertiesArrowTenant not responding, late on payment!
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Tenant not responding, late on payment!

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Jennifer Asuncion

posted 12 days ago

Hi everybody! Just want to ask anybody here who has the experience with this sort of thing. We live in CA, Los Angeles county to be exact,where there is a current moratorium on evictions due to Covid. My new tenants has been late this month for their rent and is yet to respond to my text or calls. In addition to this, when I drove by the property, I saw a different person (gangster looking dude with lots of tatoos) in our property. Now, my tenant is a single dad, who claimed in his application to work in financing. The cars parked does not also match the one he claimed on his application. He had a perfect credit score, clean background check, previous landlord said he was a good tenant when I called to verify. But something is off, he only pays cash/venmo and claims does not usually carry checks when I asked.  It is specifically noted on our lease that he cannot sublet the property. When I researched, due to the moratorium, I need to provide him at least 15 days instead of the customary 5 days if I need to initiate anything legally. Should I start looking for a lawyer now in anticipation of possible eviction? I plan of sending him an email, text and call again to inform him that he has 15 days to respond or pay. Is that appropriate? Please advise, I know I need to knock on the door but it scares me to do that since the guy I saw looks like he will not play nice if confronted.😥

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Check Rosette Top Subjects:
Taxes & Accounting and Residential
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Tony Kim
Rental Property Investor from Los Angeles

replied 12 days ago
Originally posted by @Jennifer Asuncion :

Hi everybody! Just want to ask anybody here who has the experience with this sort of thing. We live in CA, Los Angeles county to be exact,where there is a current moratorium on evictions due to Covid. My new tenants has been late this month for their rent and is yet to respond to my text or calls. In addition to this, when I drove by the property, I saw a different person (gangster looking dude with lots of tatoos) in our property. Now, my tenant is a single dad, who claimed in his application to work in financing. The cars parked does not also match the one he claimed on his application. He had a perfect credit score, clean background check, previous landlord said he was a good tenant when I called to verify. But something is off, he only pays cash/venmo and claims does not usually carry checks when I asked.  It is specifically noted on our lease that he cannot sublet the property. When I researched, due to the moratorium, I need to provide him at least 15 days instead of the customary 5 days if I need to initiate anything legally. Should I start looking for a lawyer now in anticipation of possible eviction? I plan of sending him an email, text and call again to inform him that he has 15 days to respond or pay. Is that appropriate? Please advise, I know I need to knock on the door but it scares me to do that since the guy I saw looks like he will not play nice if confronted.😥

Are you talking about April's rent?  It's the 5th, and while technically it's late, I consider eviction as the absolute last step you want to take considering the 20K+ it'll cost you in lost rent and legal fees and 1-2 years of stress. I would just swing by again in the next few days and knock on the door. If the scary dude is still there, no need to be worried. Just maintain a friendly demeanor and say something along the lines of 'I wasn't able to contact the tenant and started to get worried'. In a place like LA, it's way too early to be even considering eviction. Best to try and work with the tenant in getting the rent paid. I own properties in South LA... they give new meaning to the phrase "hands-on" management. 

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Bjorn Ahlblad
Investor from Shelton, WA

replied 12 days ago

@Jennifer Asuncion welcome to BP! I'd wait a few days and do a wellness check if you have not had a response and for sure ask the cops to accompany you. You are just doing your job making sure all is in order and there is no injured or dead person inside etc. Regular inspections are essential in this business. We inspect new tenants in 90 days and six month intervals thereafter. Longer term tenants get annual inspections. It is all spelled out in the lease.

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Check Rosette Top Subject:
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Shiva Bhaskar
Investor from Los Angeles, CA

replied 11 days ago
Originally posted by @Jennifer Asuncion :

Hi everybody! Just want to ask anybody here who has the experience with this sort of thing. We live in CA, Los Angeles county to be exact,where there is a current moratorium on evictions due to Covid. My new tenants has been late this month for their rent and is yet to respond to my text or calls. In addition to this, when I drove by the property, I saw a different person (gangster looking dude with lots of tatoos) in our property. Now, my tenant is a single dad, who claimed in his application to work in financing. The cars parked does not also match the one he claimed on his application. He had a perfect credit score, clean background check, previous landlord said he was a good tenant when I called to verify. But something is off, he only pays cash/venmo and claims does not usually carry checks when I asked.  It is specifically noted on our lease that he cannot sublet the property. When I researched, due to the moratorium, I need to provide him at least 15 days instead of the customary 5 days if I need to initiate anything legally. Should I start looking for a lawyer now in anticipation of possible eviction? I plan of sending him an email, text and call again to inform him that he has 15 days to respond or pay. Is that appropriate? Please advise, I know I need to knock on the door but it scares me to do that since the guy I saw looks like he will not play nice if confronted.😥

Hi Jennifer. I would say that we are still early in the month. I would not assume the worst yet. I do agree, however, that things are off to a bad start. If you're not comfortable, bring someone with you. If you hear nothing after about 15 to 20 days, you want to send formal notice, ideally working with an attorney. 

The eviction moratorium is in place, but evictions for health and safety are still happening. If you have those grounds, you can still get them out. However, the moratorium is ending soon, so if you have to evict, you're in a better position than if this happened in say November or December of last year. 

 

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Jennifer Asuncion

replied 11 days ago

Thank you all for the responses. Just an additional note, I gave him another call, text and email yesterday saying I am concerned for his well-being and that I would appreciate it if he at least lets me know he is ok. Still, no response. I then asked my gardener and pool person that services the property if they saw him there lately. He has been there two months. I showed them a copy of his ID that he submitted on his application. They claimed they never saw him. They claimed they saw 2 guys there but not my tenant at all. His application and the lease that we have only specifies my tenant as the only occupant, save for some days that his 2 little daughters visits him. NowI I plan on asking the neighbors next. I suspect that  he have subletted my property which is a direct violation of our lease. If this is the case, do I have a stronger case to evict him? I also suspect that he lied on his application since I could not locate his place of work. I feel like he is included in a big scam company or illegal activity based on these things I am finding since there is an elaborate website on his work and a dedicated phone but the number is not local. If that is the case, should I still wait the customary 15 days as per moratorium or should I be doing something now if I feel that I have been scammed? I am really getting anxious since if this is the case,then it is not a matter of late rent but I am suspecting they are engaging in illegal activity and staying at my house.

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