Like an idiot I stayed up until 8:00am playing my bass and talking on TB so I'm not sure how much sense I can apply here but I'll try. ; )
First an foremost, you MUST understand two things over all else.
-One, your legally binding contract (The lease) which, technically renews itself each month that they decide to stay. Your lease should have included a clause within it stipulating your coarse of action upon failure to comply including late fees, and up through a notice to pay or vacate.
-Two, your states tenant/landlord act, specifically the sections that go over failure to pay, times required to give notice and eviction procedures.
In some cases your State laws may contradict your lease terms. It is vital that you have a full understanding of both.
Both of these things are designed for the protection of both parties, from each other and give both parties a leg to stand on in court proceedings should one party wrongfully violate the contractual agreement or the states most current laws. It gets touchy and very difficult to always know exactly what you can and can not do as a landlord. But these are your responsibility to know them and follow them to the letter.
Hiring and consulting with an attorney is by far the best thing you could possibly do. Especially if there is even the slightest question about anything. This is not something you want to play around with.
Be careful with continuing to make contact, after so many calls or attempts it is pretty obvious that they are not going to call you back until they think they have a solution. Don't get yourself into a position where they can claim harassment on you. Just follow the legal steps necessary to start the eviction process and start it.
Usually it will start with a notice of "x" amount of days to pay or vacate.
Then after that time you would start getting in contact with your local Sheriffs department and then basically they will get more time to make payment along with a final deadline to be locked out if payment is not received.
However this is crap because they almost certainly will make good on their monies owed and you will be forced to start over again. I've seen landlords have to go through this process repeatedly with some people. There are usually laws about just throwing someone out once they make good on their obligation, even if it is late or often.
Currently you are in a month to month, it would seem that you can just give them a notice of intent to sell and a 30 day notice, in which they would still need to pay through the last day they are there with a pro rated amount right up through the final day.
Im not sure how your state works but in my state you as a landlord are required to put any down payments into escrow from the start of the lease date and through the termination of it.
It typically gains interest based on a formula designed specifically for this type of money.
You have a certain amount of time to do a final walk of the property and submit an itemized list of deductions for monies owed and or damage to the property. Don't nickel and dime the hell out of them, I've also seen Judges stick it to the landlord for this practice and there are also laws that stipulate what you can and cannot charge.
Be fair and don't add erroneous fees and charges to retaliate against them for making you go through this.
IE; if they destroyed the carpet, you can put new carpet in the house and charge their deposit for it yes, However you can only charge a reasonable amount. Don't think that your going to go out and get a house full of Persian rugs and they're going to fund it. You can charge only for what you previously had.
Carpet has a life expectancy, your cost for the current carpet will be considered, it's age will be considered and you will be allowed a pro rated amount based on those things. If the carpet was in the home for three years before they lived there, that will also be considered and you cannot charge them for those three years that you or your previous tenant added to its wear & tear.
Just an example of many things you can and cannot charge for. including but not limited to your Painting, cleaning, replacement of appliances etc.
Don't think that your gonna remodel your home and stick it to the current tenant, and be prepared to have a judge stick it to you and force you to pay their entire deposit back to them for doing this.
Take all emotion out of the situation there is no place for it here, follow the laws and follow them to the letter. Protect yourself by doing everything right and within your legal rights.
Keep in mind that the examples I am giving you are NOT from your state and may very well be completely irrelevant to your situation.
These are only to give you an example of how things work in my state. Although most states are pretty similar there are very important differences that can make all the difference in the world.
Okay that's way longer than I had intended. Good luck I hope your able to resolve it peacefully and quickly.
First an foremost, you MUST understand two things over all else.
-One, your legally binding contract (The lease) which, technically renews itself each month that they decide to stay. Your lease should have included a clause within it stipulating your coarse of action upon failure to comply including late fees, and up through a notice to pay or vacate.
-Two, your states tenant/landlord act, specifically the sections that go over failure to pay, times required to give notice and eviction procedures.
In some cases your State laws may contradict your lease terms. It is vital that you have a full understanding of both.
Both of these things are designed for the protection of both parties, from each other and give both parties a leg to stand on in court proceedings should one party wrongfully violate the contractual agreement or the states most current laws. It gets touchy and very difficult to always know exactly what you can and can not do as a landlord. But these are your responsibility to know them and follow them to the letter.
Hiring and consulting with an attorney is by far the best thing you could possibly do. Especially if there is even the slightest question about anything. This is not something you want to play around with.
Be careful with continuing to make contact, after so many calls or attempts it is pretty obvious that they are not going to call you back until they think they have a solution. Don't get yourself into a position where they can claim harassment on you. Just follow the legal steps necessary to start the eviction process and start it.
Usually it will start with a notice of "x" amount of days to pay or vacate.
Then after that time you would start getting in contact with your local Sheriffs department and then basically they will get more time to make payment along with a final deadline to be locked out if payment is not received.
However this is crap because they almost certainly will make good on their monies owed and you will be forced to start over again. I've seen landlords have to go through this process repeatedly with some people. There are usually laws about just throwing someone out once they make good on their obligation, even if it is late or often.
Currently you are in a month to month, it would seem that you can just give them a notice of intent to sell and a 30 day notice, in which they would still need to pay through the last day they are there with a pro rated amount right up through the final day.
Im not sure how your state works but in my state you as a landlord are required to put any down payments into escrow from the start of the lease date and through the termination of it.
It typically gains interest based on a formula designed specifically for this type of money.
You have a certain amount of time to do a final walk of the property and submit an itemized list of deductions for monies owed and or damage to the property. Don't nickel and dime the hell out of them, I've also seen Judges stick it to the landlord for this practice and there are also laws that stipulate what you can and cannot charge.
Be fair and don't add erroneous fees and charges to retaliate against them for making you go through this.
IE; if they destroyed the carpet, you can put new carpet in the house and charge their deposit for it yes, However you can only charge a reasonable amount. Don't think that your going to go out and get a house full of Persian rugs and they're going to fund it. You can charge only for what you previously had.
Carpet has a life expectancy, your cost for the current carpet will be considered, it's age will be considered and you will be allowed a pro rated amount based on those things. If the carpet was in the home for three years before they lived there, that will also be considered and you cannot charge them for those three years that you or your previous tenant added to its wear & tear.
Just an example of many things you can and cannot charge for. including but not limited to your Painting, cleaning, replacement of appliances etc.
Don't think that your gonna remodel your home and stick it to the current tenant, and be prepared to have a judge stick it to you and force you to pay their entire deposit back to them for doing this.
Take all emotion out of the situation there is no place for it here, follow the laws and follow them to the letter. Protect yourself by doing everything right and within your legal rights.
Keep in mind that the examples I am giving you are NOT from your state and may very well be completely irrelevant to your situation.
These are only to give you an example of how things work in my state. Although most states are pretty similar there are very important differences that can make all the difference in the world.
Okay that's way longer than I had intended. Good luck I hope your able to resolve it peacefully and quickly.
