Tenant issues! Best answer 10 pts!

Question

I've had problem tenants from the start, they've deducted rent, payed late, and altered several things. Their lease is up on Oct 14th. I am proceeding with an eviction, just waiting on a court date, however I found my tenant on myspace telling a person she is moving on 9/1. I assume she is abandoning the property because we have not received a notice of their intent to leave. Can I enter the property after 9/1 to inspect and place an add for new tenants? I was told by my attorney to wait until they leave to file small claims to see what damages were done. Can I also sue for advertising fees since they are moving out before lease date?

Answer 1

Karma:

I am going through this as of this writing. We have tenants that moved in May 27th and no rent or utilities until last week. We filed eviction and we were awarded $600.00 in back rent and utilities. We can amend the the award after inspecting the rental house. They have until 8/8/2008 at midnight to be out. If not, we go Monday morning to the County Clerk, get a writ of possession and give it to the Sheriff. At that time, the Sheriff will post a NO TRESPASSING sign on the house. If they re enter, we can have them arrested for trespassing. We also need the sheriff as a witness.

These people are user's. Bad checks. Make sure that you document everything in writing, even the You Tube. Your attorney is correct. A suggestion, check with your State Landlord Tenant Act to know your rights. You can Google it for your area. Also, give them enough rope to hang themselves. But do it the right way, because the Law is not always on your side. Good Luck. Sounds like you have a vile tenant like we have. We are in Tennessee.

Answer 2

Follow your attorney's instruction.  Since your tenants are paying (even though they may have paid their rents late), you and your tenants are still governed by the lease and local laws pertaining to your actions.  You will have to wait till after 10/14 before you go into the property to assess the damage.

Normally the tenants have 30 days to notify you of moving so you are stuck there.  Also, I don't think you can sue for the advertising fee but you still can claim the money owed on the lease.

These are the questions you really should ask your attorney working on this case.