All Forum Posts by: Account Closed

Right off the bat a Judge will view cleaning as a landlords job. And the Judge would be right. 

Carpet cleaning:  You would have to prove that the animals did great damage and wear and tear beyond normal wear and tear. (You could have had it written in your lease agreement that you required a $250.00 per pet, non refundable carpet cleaning fee deposit.  Just saying in your lease a tenant must pay a carpet cleaning fee upon move out, usually doesn't hold up in court.  But a non-refundable carpet cleaning fee is acceptable and especially if they have pets, in most states that is.   Everything depends on the JUDGES view of what is normal wear and tear. There is no laws on the books to determine what is normal wear and tear. 

Your second scenario won't stand up in court. It Is  your job as a landlord to clean the property after a tenant moves out. 

Your third scenario:  You will recoup damages for the shelves.  However, if you don't have it in writing that the tenant said they would repaint when they move, it is a "he said, she said" scenario, and a scenario that Judges hate.  You have to have proof whenever you go to court.  No evidence to the fact that the tenant told you that, you're out of gas!

Always take before and after pictures!  Always get everything in writing!  Always protect yourself and think ahead.  Think like a Judge.  They want facts.  They want proof.  If you don't provide them with documented evidence, you lose! 

So, I only see you winning on the shelf damages.  If you have before pictures of the carpet and after pictures of the carpet after the dogs were on it, you will most likely get some type of cleaning fee.  But you have to have proof!

Nancy Neville

My books are updated every year

Nancy Neville

Yes, Rebecca it is to you a "Squatter" situation. 

Since the unauthorized tenant paid your authorized tenant rent money, you will need to evict this person just like any other tenant.  However, in this case you will send just him, a Termination of Tenancy Notice according to your state law, with the legal days notice.

On the eviction form I would list his name if you know it.  If you do know it I would put on the legal form next to his name Unauthorized Occupant.  

Some state require a reason not to renew someones lease.  However, even if your state does require a reason, you have a good one.  You didn't authorize it and so you will put that on the legal form if your state requires a reason.  Since he did not sign a lease, this person is only on a M-T-M lease agreement. 

TIP

Whenever you do an eviction on someone, always put on the legal forms the tenants names you are evicting and the words AND ALL OCCUPANTS.  

The entire reason for an eviction is to evict everyone who is in POSSESSION of the rental home.  In order to evict everyone in POSSESSION of the home we need to add the words 'AND ALL OCCUPANTS".  This guarantees that everyone who is living in the rental home, who is in possession of the rental home will be evicted, including the dog.  (a little dog joke here).  

In this case, you want to keep your original tenant so just fill out the form for this guy, and if you don't know his name, or he is lying about his name, make sure you write these words, "UNAUTHORIZED OCCUPANT". 

Nancy Neville

You have to know their age.  You can't enter into a legal contract unless the applicant is of legal age to sign a contract in your state.

Have Date of Birth on the application form, not on the lease!  

Also get a copy of their Drivers License as well (as Ryan states) or some type of ID.

Nancy Neville

(Laughing to myself)  Unfortunately when you have lots of rentals, lots of repairs, tenants moving in and out, damages and evictions, it seems like we put ourselves last and everyone first. (Oh and those new roof and roof repairs...a killer)

My husband and I lived in a cute little place (needed lots of updates) for more than half of our landlording career.  Nine years before we retired we decided to move to a big beautiful house.  (After all we deserved it...right?)  

We lived in our new home  for 9 years and were hardly ever home.  And.... actually, big and beautiful doesn't necessarily brings happiness.  I never loved that house.

After we retired in 2009 (actually we were going to re-invest in another area but didn't make enough money off of the sale of our homes due to the market at that time) we never did reinvest.  Instead we bought a nice brick ranch home by the lake (use to be a cabin and the owners kept adding on to it) and are very happy here.  The house has "character".  (I would have been happy if we just had fixed up the old place instead of moving to what some would consider a "dream home". )

So, yes, most times than not, landlords wives and their homes are saved for last.  :(

Nancy Neville

Hello Brie:  Your compliment is good enough for me!  I am smiling from ear to ear because it is priceless to see someone I have helped happy!  

Buy from Intuit or shop around and see if you can get a good deal on it right now because of the Holidays.  I buy my stuff through Amazon, I get it cheaper that way.  But I don't know if they offer the Online Version, I'll have to check it out myself too.  If not, buy it through Intuit.  

I see you have many posts and many votes and many awards, so you know how good it is to help others as well.  

Thanks again for your kind words.

Nancy Neville

Brie click on here to learn more about QuickBooks Online Edition

http://quickbooks.intuit.com/online/

Hello Brie:  

You may be interested in the ONLINE VERSION of QuickBooks . It allows company access from multiple locations.  25 simultaneous users.  Entry from the field (on the road) 

You can created invoices, run reports, download bank statements and credit card transactions using QBS online Banking.  

Keeps an Audit Trail 

Let me know if this helps you out or not.  

Nancy 

If the soldier's name is on the lease as a tenant or as an occupant than the landlord is wrong.

If the soldier was never mentioned as a significant other in any way or stated to the landlord at any time that he may be visiting there or residing there with her, then the Soldier and the family is wrong.

This is not a personal issue.  It is a legal issue.  

Too many people today, violate each others rights  by assuming they know ALL THE  facts. 

What I'm stating is WE DO NOT HAVE THE FACTS.  Therefore we cannot assume anything.  

I'm just laying out the facts that may be evident in this case (maybe not- we don't know) for others to view and weigh instead of judging the landlord on facts they do not have.  

Nancy Neville

What has months of leave have to do with anything.  If the  soldier is part of the family, he will be residing in the unit at some point in time.  Either for a day, a month, a week, a year.  Therefore the woman would have included him in her life on the lease as someone who will eventually be with her, so that the landlord would expect it. 

The normal response when an applicant applies and has a significant other, is to include them on the lease.