I rent a co-op apt, and tenant pays late or the checks bounce and never returns my calls, how can I evict her?
105291
The laws vary wildly from city to city and state to state. For instance, in NYC, where most voters are renters, it is very difficult to evict someone. \n\nIf your tennant openly violates the terms of the contract, then you need to bring her to court. A lawyer must be hired for this, and the fee will come out of your "winnings". You should notify your tennant of your intentions and above all be very firm. If you sway or make the smallest comprimise, it would show that she holds some power over you- an obvious falsehood. Demand, Threaten, Sue- that is what you need to do.
1150322
My understanding is your options are:\n\na) Sue the tenant, get a judgment, record an abstract of the judgment, which becomes public record and may eventually be picked up by credit bureaus.\n\nb) Hire a collection agency to collect the amount owed. They will report it to the credit bureaus and make an attempt to collect the amount on a contingency basis (they will take 33-50% of any monies collected).\n\nYou can also have the collection agency attempt to collect on your judgment if you go route "a".
887408
If your roommate gave you a 30 day notice 10/22 she is still responsible for rent thru 11/22. She is still considered a tenant until the 22 you can be nice and pro rate the rent for the 22 days.  Please do not throw her stuff to the curb, you would be responsible for it if it went to court.  Good Luck KG
1116616
Still have to pay it....but they should not  charge you late fees.  Do you have proof that you paid -- like a receipt?? Or just drop it in the rent box??
477232
In most States NO. (check your local laws). \n\nMost states state that the landlord can not change the locks on you for a missed payment. She has to go through the "Eviction Process" and can only take your deposit and sue you for the remainder owed. She can not lock you out, sell your belongings, or kick you to the street without going through the legal process.\n\nThe legal process usually gives you 3 months in most states. Of course I'm assuming your late rent isn't that overdue??? But she would need to issue you an Eviction notice weeks in advance of Eviction.\n\nGet legal help.
19464
Call Community Legal Services (215) 981-3700\nGeneral walk in Intake: Mon.-Fri. 9am-12pm\nLandlord Tenant Intake: Mon. & Wed. only- 9am-12pm\nTelephone intake for Landlord-Tenant is available 9am-11am Mon. & Wed. only\nPublic Housing/Section 8/Subsidized Housing Intake: Tues. & Thurs. 9am-12pm\nTelephone intake for Public Housing is available Mon.-Fri. 9am-4p\n\nhttp://www.clsphila.org/Self_Help_Eviction.htm\n\n\nOther useful info is on:\n\nhttp://www.temple.edu/housing/OFFCAMPUS/resource_documents/defining_a_lease.pdf#search='tenant%20rent%20right%20philadelphia'\n\nhttp://www.temple.edu/housing/OFFCAMPUS/resource_documents/defining_a_lease.pdf#search='tenant%20rent%20right%20philadelphia'
537483
Does her landlord know that you are living there? If she has no rental agreement with the building, they can't "evict" her so to speak, if there's no paperwork, there can't be a real court hearing or anything. If the landlord likes you so much I'm sure it wouldn't be too hard to convince them to let you stay in your own apartment. Just tell them that you really like staying here and you'd like to keep on staying there. It's weird that there's no agreements or leases or anything...not very smart on the landlord's part.
1122365
If you have a lease with the tenant then no cause they paid the rent but you are allowed to impose a late fee. You can start eviction papers again if they go late but then all they have to do is pay the rent and they are fine, what I would sugeest is the next time they are late is you file for eviction go to court and ask the judge to ammend the lease to state if tennant is late again that they will freely leave.
795928
Each state has very specific steps to follow...You can't evict until you get an Eviction Order/Judgment from the Court.  You have to get a hearing, then you have to serve notice of the hearing (via process server) and then you get the hearing.\n\nThen if they don't leave, you have the constable execute the Order, if they don't leave -- the constable calls the police to enforce it.\n\nYou should google your state and landlord/tenant laws to make sure you follow the steps correctly.  If you make a procedurial error, the whole clock has to start over again.\n\nDon't be intimidated though, I evicted my tenant in 20 days start to finish all by myself - I created the Notices on Word and got the Arizona landlord's handbook.\n\nThe key is to start the legal clock ASAP.  It cost me about $200 altogether and I requested that amount in addition to the back rent and late fees.
1006123
She's already shown that she cannot be trusted if she gave you a bad ck.  If you call her at all, It should be to let her know that you will not accept another personal ck for return of deposit. Request that she give you a certified ck or money order.\n\nAfter the 45 day, just take her to court, let them deal with her as she has already shown a lack of respect to you by neglecting her obligations as your landlord.
448429
If it's was over thirty days there is nothing they will do, and the "I never got the bill" never works because it is the most commonly used excuse. I would call back and request to speak to the shift manager or floor supervisor and tell them how upset you are with the service received by their employee, state the entire situation (facts only, without emotion or hysterics.) ask them to review your file and show where you've never been late and ask if they will kindly remove the charge as a one time service. Understand they keep records and you may only be able to try this once. make sure they know you are upset with the previous CSR and will make your disatisfaction known to a higher supervisor.
271372
Even if your landlord starts the eviction process, it can take several months before they actually kick you out.  Speak to the landlord and tell him you can't pay this month, but next month you will pay the usual rent amount in addition, add a little extra to help pay the month you missed.  At least that way he will get some money.
1182881
Personally if they are newer tenants I'm at their door on the second of the month asking where the rent is.  If I do that a couple of times they seem to get the message.\n\nBe careful with late payment fees.  Many states control the earliest you can charge them and how much you can charge.  I too tried the idea of a discount if rent is received by the first and a small claims judge ruled that it was a transparent late fee that was charged too early, cost me about $225 including court costs.\n\nIf the tenant isn't on a lease (which I never do) and they are often late - raise the rent.\n\nIn my humble experience leases only protect the tenant and provide the landlord very little advantage.  The tenants usually don't have that much to lose, and it's not worth my time to chase them for less that $1,500
548593
Start creating some paper.  Send her a letter informing her that you need access to show the premises.  When she refuses, send her another letter stating that you have requested access to show the premises, as provided in the lease, and that she has refused.  Keep doing this.  After the lease has ended and she has moved out, if you aren't able to re-rent right away then withhold a month's rent from her deposit.  If/when she tries to sue you for it you can show the judge the copies of the letters proving that she was in violation of the lease and prevented you from re-renting the property.
1099859
This is a tough situation and there is no really good solution.\n\nRemember that what someone can "legally" do is not really a practical limit on what they may actually do. Worse still, you can have all sorts of legal rights but if the only way to exercise them is to go to court then the solution may be worse than the problem.\n\nThe only thing is really to get the stuff out right now. If the apartment is in the other person's name then she's not going to get any immediate help from the legal system.\n\nEDIT: From another question that you posted I'm now unsure if this is a room mate situation or a landlord-tenant case. Please clarify. It affects the answer.
405707
With apartments, usually they'll insist all renters be on the lease, for legal and insurance reasons.\nWith private houses, it depends on what the landlord and main renter say; generally they will do month-by-month. \n\nUnless you're talking about staying a short time, pretending to be your friend's house guest and paying him directly. Which is not a great idea.\n\n>should I pay her her for deposit?\nNormally it's handled with the apt manager. This sounds like a dubious proposal. Anyway she may get damages or cleaning deducted from her deposit.\n\n> Is there a way to protect  myself in a new apartment if I don't like the place??\nNot really, but one month's notice is not a huge penalty, you could always just leave early if you disliked it that much.\nAre you concerned about noise, neighbors, the area, crime, traffic or what...? Try to do some research.
1084722
I would definitely talk to her about it.  If that didn't help, talk to your roommate.  This apartment belongs to you and your roommate, not his GF.  If his GF pays part of the rent, then I guess I'd just try to wake up a little earlier.