Archive for the ‘ 3 day eviction notice ’ Category

Landlord Tenant Eviction Reports – Accurate Credit Bureau

If you would like to further investigate your potential tenant, eviction reports are inexpensive and are a great tool for screening renters who have been served and sued by previous landlords for not paying their rent. Unfortunanely, there presently isn’t a National or even a comprehensive State source for Eviction Reports or Unlawful Detainers (What Evictions are called in several States including California). Although some Vendors service a larger geographical region than others, getting timely Public Records from the thousands of County Courthouses who all have different and unique retrival methods is quite frankly impossible on a large scale. The biggest companies put the Public Records they obtain on computer tape and utilize and sell these records, while the smaller companies that provide Public Records actually go to the courthouse or have people who can locally obtain them for them upon request first hand. Accurate Credit Bureau receives emails and letters weekly from Public Record Vendors across the Country who wish to provide their services; some who only gather reports for one County, and others who provide records for most of an entire State. We order Eviction Reports from different Vendors depending on the geographical location of your applicant’s past addresses. Most are returned instantly, a few others in 24 or 48 hours. We will advise you of the expected return time when you place your order. If you wish to obtain an Eviction Report on a prospective tenant it is prudent to have all or as many of the previous addresses possible that your applicant had resided at. Routinely, applicants who have been Evicted fail to put that address or reference information on their rental applications. Even though it may take a little longer to make a decision on your applicant as you await the results of an Eviction Report or Criminal Records Report, we have found Eviction or Unlawful Detainer Judgements against likeable individuals with decent credit who we were screening for Landlords.We charge $11.95 per applicant for an Eviction Report and $25.00 for Criminal Record Reports. More Landlords are using Eviction and Criminal Reports as a normal prerequsite for their Vacancies. Please feel free to contact us if you would like more information. Good luck with your applicants and remember “An ounce of prevention is worth a pound of cure.”

3 EASY STEPS TO ORDERING CREDIT  REPORTS ON PROSPECTIVE TENANTS

Step 1: Fill out Packet – Click Here

Step 2: Upload, Email, or Fax – Click Here

Step 3: Fax Order Form, Signed Application, and Picture ID – Click Here

100 year old Grandmother Evicted

http://www.miamiherald.com/news/nation-world/national/article70018957.html

Landlord Advice – Criminal Activity – Accurate Credit Bureau

What Liability Does a Landlord Have for Criminal Acts of His or Her Tenants?

In addition to being liable for the criminal acts of strangers/non-tenants, a landlord usually has a duty to protect the neighborhood of the rental property from the criminal acts of his/her tenants. Most often, landlords are held responsible for tenants dealing drugs on the property.

What Kinds of Penalties Do Landlords Face for Tenants Dealing Drugs?

If one of your tenants is dealing on the rental property, you as the landlord or rental property owner can face a variety of legal punishments. Criminal punishments usually require that you have knowledge of the drug dealing or other illegal activities. For example:

  • You could face fines for allowing the illegal activity to continue to occur
  • You could face criminal penalties for knowingly allowing the illegal activity to occur
  • The rental property can be confiscated by the government, but this is only in extreme cases
  • In addition to criminal penalties, there can be other negative consequences for landlords. These can include:
    • Rental property value can drop, thus making it hard to find and keep tenants
    • If a tenant or anyone else in the neighborhood is injured or annoyed by the drug dealing, you could be sued on the grounds that the rental property constitutes a public nuisance that threatens public safety and morals.

What Can I Do to Prevent Being Held Responsible for the Criminal Acts Committed by My Tenants?

The best step you can take to reduce the likelihood of being held responsible for the criminal acts of your tenants is to perform a thorough screening of all applicants when renting out a property. Here are a few other tips:

  • Don’t accept cash payments for rent
  • Keep an eye out for any suspicious activity on the property (e.g., heavy traffic going into and out of the building)
  • Have provisions in the lease referring to drug dealing and other criminal activity and make it clear that those crimes will not be tolerated
  • Evict anyone who violates these provisions immediately
  • If you receive any complaints from tenants about drug dealing or other criminal activity, respond immediately – consult the police if you feel it is necessary to do so
  • Consult a security expert and do anything else that is reasonable and legal in order to determine if there is any criminal activity going on

– See more at Accurate Credit Bureau

Landlord Help – Tenant Eviction Process

A landlord can’t begin an eviction lawsuit without first legally terminating the tenancy. This means giving the tenant written notice, as specified in the state’s termination statute. If the tenant doesn’t move (or reform — for example, by paying the rent or finding a new home for the dog), you can then file a lawsuit to evict.

State laws set out very detailed requirements to end a tenancy. Different types of termination notices are required for different types of situations, and each state has its own procedures as to how termination notices and eviction papers must be written and delivered (“served”).

Although terminology varies somewhat from state to state, there are basically three types of termination notices for tenancies that landlords terminate due to tenant misbehavior:

  • Pay Rent or Quit Notices are typically used when the tenant has not paid the rent. They give the tenant a few days (three to five in most states) to pay the rent or move out (“quit”).
  • Cure or Quit Notices are typically given after a tenant violates a term or condition of the lease or rental agreement, such as a no-pets clause or the requirement to refrain from making excessive noise. Usually, the tenant has a set amount of time in which to correct, or “cure,” the violation. A tenant who fails to do so must move or face the possibility of an eviction lawsuit.
  • Unconditional Quit Notices are the harshest of all. They order the tenant to vacate the premises with no chance to pay the rent or correct a lease or rental agreement violation. In most states, unconditional quit notices are allowed only when the tenant has:
    • repeatedly violated a significant lease or rental agreement clause
    • been late with the rent on more than one occasion
    • seriously damaged the premises, or
    • engaged in serious illegal activity, such as drug dealing on the premises.

However, in some states, landlords may use Unconditional Quit Notices for transgressions that would require Pay or Quit Notices or Cure or Quit Notices in other, more tenant-friendly states. In these strict states, landlords may extend second chances if they wish, but no law requires them to do so.

Even after receiving notice, some tenants won’t leave or fix the lease or rental agreement violation. If you still want the tenant to leave, you must begin an unlawful detainer lawsuit by properly serving the tenant with a summons and complaint for eviction.

Notice for Termination Without Cause

Landlords may usually use a 30-Day or 60-Day Notice to Vacate to end a month-to-month tenancy when the tenant has not done anything wrong. Many rent control cities, however, do not allow this; they require the landlord to prove a legally recognized reason for eviction (“just cause”) of tenants.

Tenant Defenses

If the tenant decides to mount a defense, it may add weeks — even months — to the process. A tenant can point to mistakes in the notice or the eviction complaint, or improper service (delivery) of either, in an attempt to delay or dismiss the case. The way that you have conducted business with the tenant may also affect the outcome: If your rental unit is uninhabitable or the tenant thinks you are retaliating, this may excuse or shift attention away from the tenant’s wrongdoing and diminish your chances of victory.

Removal of the Tenant

If you win the Eviction (unlawful detainer lawsuit), you will get a judgment for possession of the property and/or for unpaid rent. But you can’t just move the tenant and his things out onto the sidewalk — trying to remove a tenant yourself can cause a lot of trouble.

Typically, you must give the court judgment to a local law enforcement officer (sheriff or marshal), along with a fee that is charged to the tenant as part of your costs to bring suit. The sheriff or marshal gives the tenant a notice that the officer will be back within a number of days to physically remove the tenant if he isn’t gone by then.

Rationale for the Rules

Landlords often chafe at the detailed rules that they must follow. There is a reason, however, why most states have insisted on strict compliance. First of all, an eviction case is, relatively speaking, a very fast legal procedure. (How many other civil cases are over and done with after a few weeks?) The price to pay for this streamlined treatment is unwavering adherence to the rules.

Second, what’s at stake here — a tenant’s home — is arguably more important than a civil case concerning money or business. Consequently, legislators have been extra careful to see to it that the tenant gets adequate notice and an opportunity to respond.

For more information on the tenant eviction process or other landlord help see Accurate Credit Bureau

Tenant Screening for Landlords Property Managers Real Estate Agents

Now renter credit reports and eviction reports plus criminal background checks are available to all landlords and property owners. A key to picking out the right renter is to have quality tenant background check information to help you make your decision. At Accurate Credit Bureau landlords may download free rental agreements and rental leases plus other Landlord related forms and applications. Important Decisions Demand Accurate Information.

Landlords Collect Applications and Screen Tenants

The best way to deal with bad tenants is to make sure they never move in! Try to accept the most-qualified applicant who is also the best fit for your property, but be careful not to discriminate.

  • Collect information via professional rental applications
  • Ensure total income of all tenants is 2-3x monthly rent
  • Ask their two former landlords, “Would you rent to them again?”
  • Run a tenant credit check to determine total debt and late payment history

    For more tenant screening advice and help see Accurate Credit Bureau

    IMPORTANT DECISIONS DEMAND ACCURATE INFORMATIOIN

Accurate Credit Bureau Landlord 3 Day Eviction Notice

A landlord may serve a written 3-day notice to a tenant for any violation of the lease or
rental agreement
. A violation may include non-payment of rent, causing a nuisance to
other tenants, use of the rental unit for unlawful purposes, or damage to the rental unit.
If the violation can be corrected, such as failure to pay rent, the notice must describe the
violation and give the tenant the option to correct the violation or quit the premises
within the 3 days. If the violation is severe, such as unlawful activity on the premises,
the landlord may serve a 3-day notice to quit with no option to correct. A 3-day notice to
pay rent or quit must indicate the name, address, and telephone number of the
responsible party to whom rent is to be paid. A 3-day notice to pay rent or quit must
accurately indicate the amount of rent due without including additional charges such as
late fees. The landlord is not obligated to accept rent, or accept compliance with requests
to correct other violations, after the 3-day period has expired.

WHAT CONSTITUTES PROPER SERVICE OF A 3-DAY NOTICE?
A landlord may serve a 3-day notice by one of three methods: personally serving the
written notice to the tenant; posting the notice in a conspicuous place at the rental unit
and sending a copy of the notice by 1st class mail to the tenant; by substitute service to
someone of “suitable age and discretion” at the rental unit or at the tenant’s place of
employment and by sending a copy of the notice by 1st class mail to the tenant. The
posting and mailing method, and the substitute service method, may only be used if the
landlord is unable to personally serve the notice to the tenant at the rental unit or the
tenant’s place of employment.

HOW DO I COUNT THE THREE-DAY PERIOD AFTER SERVICE OF A 3-DAY
NOTICE?
The three days begin the next day after proper service of the 3-day notice to the tenant. If
the third day falls on a Saturday, Sunday, or legal holiday, then the notice is extended to
the following business day.

I WAS SERVED WITH A 3-DAY NOTICE TO PAY OR QUIT. I CAN’T AFFORD TO
PAY THE FULL AMOUNT. CAN I PAY PART OF THE AMOUNT DUE?
The landlord may voluntarily choose to accept a partial payment. However, the
acceptance of any payment cancels the 3-Day notice to pay or quit. The landlord would be
required to serve a new 3-Day notice to pay or quit for rent still unpaid.

WHAT IF I FAIL TO COMPLY WITH A 3-DAY NOTICE?
The landlord has the right to file an Unlawful Detainer lawsuit in order to evict you and
regain possession of the property, after the 3-day period has expired.

For more information on tenant screening, rental leases, rental applications and Landlord Services visit www.accuratecredit.com