Write her by certified mail, and tell her you will have to change locks, and bill her if you do not receive keys. Also, notify her of pro rated rent due until the 23rd. Then, change the locks (3 days after certified deilvered) and bill her for utilities, as well.
Full Answer
The returning or failure to return keys does not necessary determine surrender or possession of rental property. Too many DIY landlords consider the return of keys as the date that the tenant gives possession back and gets countless landlords in trouble.
1. Never turn over the keys to a new tenant until you have finished running the tenant background check, and the individual has signed the lease agreement. Otherwise, you may have no recourse but to file for an eviction should you discover later that the tenant is not a good fit.
Technically, if the tenant has not given you the keys he is still deemed to be living there and you cannot re-let it. The reality is that it's obvious the tenant has gone owing money and the locks have to be changed. TJ correct BUT; you have to post a notice on the door advising the tenant WHERE a key may be obtained.
Coupled with access cards for laundry or pool areas, the theft of one tenant’s keys or a master key does not create the need to re-key every lock on the property. 10. Always change locks between tenants to reduce landlord liability in the event a former tenant, guest, or thief gains access to your new tenant’s home.
Possibly, but if tenants move out their possessions and told the landlord they were doing so, the tenants can claim they delivered up legal possession and the keys were just a technicality; the landlord could have changed the locks. If you want a specific legal opinion, you should be able to get a consultation with...
Possibly, but if tenants move out their possessions and told the landlord they were doing so, the tenants can claim they delivered up legal possession and the keys were just a technicality; the landlord could have changed the locks. If you want a specific legal opinion, you should be able to get a consultation with...
If abandonment occurs, then the landlord must follow their State guidelines on abandonment to retake possession of the rental property. Either way, a landlord must lawfully terminate the lease in order to retake possession of the rental.
A lease just ends unless both parties agree in writing to give each other notice as a courtesy. Then the ball is in her court, she might of found a rental or made a purchase and is going to close escrow before the end of the month or lease, really doesn't matter not your problem.
The returning or failure to return keys does not necessary determine surrender or possession of rental property. Too many DIY landlords consider the return of keys as the date that the tenant gives possession back and gets countless landlords in trouble.
The tenant is entitled to possession as long as the lease is in force and rent is paid regardless if the tenant has keys or items still in the rental. The landlord must first determine if the tenant has abandoned or surrendered the rental before the lease ends. If rent is paid, then abandonment may not apply and the landlord runs the risk ...
Technically, if the tenant has not given you the keys he is still deemed to be living there and you cannot re-let it. The reality is that it's obvious the tenant has gone owing money and the locks have to be changed. TJ correct BUT; you have to post a notice on the door advising the tenant WHERE a key may be obtained.
A Possession Order does NOT entitle the LL to enter the property. If the tenant is there and leaves on PO date then fine; if not an EVICTION order is the ONLY way legally to recover your property from a present or gone away tenant. This can take months during which time your property is repossessed!!
If they don’t return phone calls or reply to your emails, they may be violating the landlord and tenancy laws in your state. In most states, your landlord is legally required to hold up his end of the bargain and that means making arrangements to have repairs made.
If you think you’re being charged too much, contact your local housing authority office. A representative who knows tenancy law can tell you what’s normal and what’s excessive for your area.
Almost every state gives tenants the right to privacy, meaning your landlord can enter your rental only if he gives you notice first — typically 24 to 48 hours. There is one exception to this rule.
An example is when your landlord charges a $75 late fee and an additional $50 for every day thereafter.
Tenancy law is on your side. Those items aside, there are some landlords with annoying habits that you just have to deal with. Or maybe not … the law could be on your side. While landlords are often tasked with more than collecting the rent and making the occasional repair, some of their worst habits might be illegal.
However, if they frequently call late at night or early in the morning and don’t stop when asked, you may have the right to take legal action. In some states, late-night phone calls are considered harassment under tenancy law, especially if you have previously asked the landlord to stop contacting you at that time.
Your landlord cannot make changes to the lease without your permission during the lease term. For example, if your lease does not say how many guests you can have, they can’t impose a one-guest rule three months into the lease.
Bring a lawsuit against your landlord. If nothing has worked, your last resort may likely be to bring a lawsuit against your landlord. In order to win your suit, you will need to prove that the problem resulted in a rental property that was not up to the value of the paid rent.
These minor problems may include things like dripping faucets, running toilets, small holes in carpet, grimy grout or torn window screens. Even though these problems may be annoying for you, the tenant, to live with, your landlord may not be under any obligation ...
A tenant has a right to live a habitable rental property, but what about cosmetic or minor problems that an apartment or rental house has . What repairs are landlords forced to repair, and what kinds of repairs may a landlord ignore?
This means that your landlord must ensure that the building is structurally sound, provide hot and cold water, ensure that the roof is not leaking, and keep the plumbing, electrical and heating systems all in safe operating condition. Also, if a rental property has become infested with pests, landlords must often pay for an exterminator, unless the infestation was caused by your wrongdoing or poor housekeeping.
While tenants that are faced with uninhabitable conditions may elect to withhold rent or repair the problem themselves while deducting from the rent, tenants faced with only minor problems may get into trouble by doing the same thing.
Landlords also have rights, such as the right to collect rent and to collect for property damages that exceed normal wear and tear. Note: These rights exist regardless of a rental agreement stating otherwise. In addition to the below, check your local county and municipality for additional landlord-tenant regulations.
California landlords are required to provide a habitable dwelling and must respond to repair requests in a “reasonable” amount of time, which is normally interpreted as 30 days.
These rules also required a 60-day notice to be provided, regardless of the justification.
According to California law ( CA Civil Code 1940-1954.05 ), under a lease, tenants have certain rights such as the right to a habitable dwelling, due process for evictions, and more.
California law does not explicitly enumerate illegal activities that warrant an eviction. At-will tenants are entitled to receive at least 30 days’ notice before being evicted.
California landlords must give at least 24 hours’ advance notice before entering an occupied unit. The law does not specify how this notice is to be delivered, but writing is the most common. California landlords do not need permission to enter for emergencies that threaten the health and safety of the tenant.
California small claims court will hear rent-related cases amount up to $10,000. However, landlords can only file up to 2 cases amounting to more than $2,500 in a single year. The statute of limitations for written and oral contracts in California is 4 years and 2 years respectively.