How long can you typically go without paying your apartment rent if you got a 3 days notice to pay the rent or get out?
I assure you that not paying your rent is one of the worst decisions that you can make. Your life will not be the same after an eviction. It can be a very traumatic experience.Every state is going to have slightly different eviction laws but here in Ohio my company has a very large rental portfolio in the Cleveland area and this is how we handle tenants who do not pay rent.Rent is due on the 1st.Rent is late on the 2nd.We call tenants 3x day from the 5th through the 10th.We put up 3 day notices on the 10th.After the 3 day notices we file for eviction. Once we file we will no longer accept rent. At this point the non paying tenant can't pay or get out of the legal ramifications of their actions.We win the court eviction and get a write to regain possession of the property. The eviction remains on your record for life. It will be incredibly hard if not impossible to find another landlord willing to rent to you.We send in the bailiffs (guns drawn) to the home. If you do not open the door they kick it in and forcibly remove any occupants living in the home.Everything that the tenant owns is placed on the curb by a moving crew. They can clear out an entire home in about 2 hours. They are not vary delicate with your possessions. Everything stays on the curb until 5pm. Scrappers and thieves usually come by and steal anything of value. At 5pm we bring a dump truck and load up everything that is left and take it to storage. After 30 days in storage we take it to the dump.After all of the above a non paying tenant can also expect the following to happen.We take you back to court and sue you for back rent, legal costs and damages.We garnish your wages until all debts are paid off.As you can gather from everything above being evicted is a terrible experience that is 100% preventable by you. Don't be stupid, pay your rent or move out of your landlord's property you are only hurting yourself if you don't.For more information on evictions take a look at the LIVE video of one of my company’s evictions below.Have more Real Estate related questions? Let me know! Follow/Subscribe & simply ask. I will make you a FREE video reply. #AskJamesWiseFollow me on InstagramSubscribe to my YouTube ChannelWould you like access to a FREE list of the most profitable Real Estate Investments in the USA? CLICK HERE FOR ACCESS!
Roommate disappeared and has not paid rent, so what I do with her belongings?
You are in a sticky situation. It is difficult (and not very clear on how) to get a person's belongings declared "abandoned". As a landlord, After going through the eviction process, I would have to have them boxed and put in storage at my expense for 2 or 3 months. In order to claim them, she would have to pay me back rent and the moving/storage fees. After the 2-3 month storage rental expires, the storage company would then have the right to put the unit up for auction. In either case, she could claim personal papers, pictures and anything without resale value. Is she on the lease? If so, you've got some work to do. If she isn't this is what I'd do. While this is probably not legal, she would have to sue you in court to recover damages. And unless she can prove she didn't move out and you got rid of her stuff, it's your word against hers. And you have proof of paying the full rent for 2 months, right? I'd dispose of her stuff (toss, sell, whatever) and keep any money I got. I'd find another roommate ASAP and go from there.
If a friend has an address at a separate apartment but stays with me most days of the week, can my landlord claim they "live with me" and demand rent -- or ask them to leave (Somerville MA)?
It would depend upon what is written in your rental agreement but if the person is spending more than 3 nights per month in your apartment the landlord would be within their rights to either ask to add them to be added to the lease or terminate your lease. Depending on what utilitiesare included with your agreement this is added expense and wear and tear on the landlords property in addition to parking if this guest has a vehicle. Only an attorney can give you a legal opinion of your legal options, so please consult with a qualified attorney to review your rental agreement.
Renting to Section 8 tenants?
We have apartments for rent and are always approached by Section 8 renters. Once you interview tenants, check credit, etc. who is responsible for paying the first month rent and security deposit, the tenant or Section 8 agency? How long does it take for the inspector to come in an approve/dissaprove the unit? Who is responsible for the rent in the meantime? Does the inspector inspects the entire house or only the unit?
Can a landlord move my things without my consent?
Not while you are living there and paying rent, but if you are not paying rent and are in default, then per your lease or laws and ways or your local jurisdiction, at some point the place is back in the Landlord’s possession. If your stuff is still there it will either be moved and stored for a while, thrown out, or become the Landlord’s property.You might not be actively consenting to this at the time, but in fact you did consent to this when you signed the lease in this town and then chose not to pay rent or remove your belongings.(And if the first part of the first sentence above applies to you then the rest of this is not actually for you, just for tenants in general.)
How do I deal with a co-tenant breaking the lease?
You should first look to your leasing agreement to see if there are any provisions that speak directly to this situation. In some cases, there is a penalty for ending a lease early (especially with such little notice) that may motivate your roommate to stay longer. I wouldn't count on this though, chances are all of you are responsible for the full amount of the rent. Right now, you should be in damage control mode. This means finding a new, suitable roommate ASAP. The first thing you should do is ask your landlord if there is some sort of waiting list (this is common with off-campus student housing) and have them notify the people on the list that there will soon be an opening. If your landlord doesn't have a waiting list, ask around to see if you know someone who is interested in moving or place an ad on Craig's List or another website that deals with rentals. You should also let the roommate who's leaving know you still expect them to pay their share of the utilities for which you'll likely get the bill after they are long gone. If you can, use the past months to estimate what this bill is likely to be and see if you can't get them to pay their share before they leave. If they don't end up paying this, you and your other roommates may have a claim against them, but depending on the amount, it may not make financial sense to pursue this in court. Good luck!
In North Carolina, if you invite someone to stay at your house without any written contract, is it legal to kick them out at will?
Well, that depends on a number of factors. I don't know specifically about North Carolina's landlord tenant law, and you should talk with a licensed attorney about the specifics. This is based on general property law. If they have been there for a short period of time, most likely the answer will be yes. In most states, you are perfectly legally free to have visitors for reasonable periods of time without adding them to the lease, though states will vary as to what a reasonable period of time is. For the most part, if the person is staying longer than one rent period (usually a month on a residential lease,) then they will probably have to be added to the lease. That would mean to evict the tenant, the landlord would have to go through formal proceedings. If the person has not been added to the lease, then the person has a revocable license to be there with your permission. You can take that back at any time. If they refuse to leave, you can bring a trespass action against that person. There are things that may prevent you from doing so, however. One is estoppel. The person would have to show in court that (1) you promised them a place to stay, (2) that promise was reasonable and they relied reasonably on it, (3) they have substantially changed position (4) to their detriment, like having given up their own apartment, and (5) the only way to avoid injustice would be to enforce the promise you made. It's a pretty uphill battle for them, in other words. Once again, this is based on the majority view of general landlord-tenant law. For specifics, please contact a local bar-certified attorney in North Carolina.Edit: I misread the question a bit. This would apply if you are renting the property you are on. If you are the owner of the property, it would also depend on if you have accepted rent from the person or if they have done something in exchange for living there. Most courts will impose a month-to-month tenancy absent a specific contract to the contrary under those circumstances. If you have not, then you are most likely within your rights to simply have them removed as a trespasser.
How much should you charge a friend for rent?
Bad idea. Make it too low and you'll never get rid of him. If this includes utilities it should be 150 a week or so. Get it in writing, with an actual expiration date. It could be hard and expensive to get him out of the house once you let him in.
Hunting on rented land in Maryland?
I am renting a house with a good chunk of land in Maryland, and I've never had any issues up until recently. Maryland says this: "Permission Required to Hunt or Trap In all counties, written permission is required from the property owner to hunt on private property. Written permission is required from the property owner to trap on private and public lands in all counties." Now I've heard this go both ways, but the question is: Do I have the right to hunt, and/or grant permission to others to hunt or use the land for any legal purposes, if the lease does not list any rights to the land being retained by the owner? (at least until the expiration of my lease) I've read other states list that a lessee has any and all rights to the land, unless the lease specifically restricts certain activities. How does this work in Maryland? Do I need permission to hunt, or is it implied that since I am the lease holder, I have the right to hunt and/or grant other permission to hunt? (This is a question for both lessor and lessee.. i.e. I don't think he should be allowed to grant others the right to hunt on my land if I am renting/leasing it... and I don't think he should have say of who I can let hunt on the land I lease from them.)