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Q: Landlord rights ( No Answer,   3 Comments )
Question  
Subject: Landlord rights
Category: Miscellaneous
Asked by: noel2254-ga
List Price: $35.00
Posted: 25 Jan 2006 14:16 PST
Expires: 24 Feb 2006 14:16 PST
Question ID: 437611
I made a Term lease agreement with Tenants.  They moved in January 5,
2006.  Signed the contract with only a non-legible scribble of
initials.  Prorated funds were due upon moving in and the first
month's rent was due on the 15th of the month.  I have not received
any monies, and they keep telling me when their escrow closes I will
receive my money.  In the last couple of days I requested information
from them to be able to run a credit check, and they refuse to give it
to me.  What are my rights?  Can I physically remove their belongings
from my property?  Do we even have a legally binding contract since no
money has exchanged hands.  The contract states a Security Deposit of
$2400.00.  They included a check for that amount but it is post dated
to the end of the contract.

Request for Question Clarification by hagan-ga on 26 Jan 2006 11:15 PST
Noel, the short answer is probably going to be very similar to
daniel's comment below -- generally, the only way to get somebody out
once they're in is to file eviction proceedings.  The law usually
forbids "self-help" remedies like changing the locks, physically
removing property, etc., because such things can often escalate into
violence.
That's the short answer.  For the long answer (what to do next and how
fast it can get done), we need to know the jurisdiction, because the
law varies from state to state and procedures can vary from county to
county.  What county and state is the property in?

Clarification of Question by noel2254-ga on 15 Feb 2006 11:38 PST
The property is in San Diego, CA.  They have now changed the locks and
refuses to make any effort to pay or leave.  We want them out and we
want to recover our losses.  How do we do that in the quickest way?
Answer  
There is no answer at this time.

Comments  
Subject: Re: Landlord rights
From: daniel2d-ga on 25 Jan 2006 21:49 PST
 
They are in.  To get them out you will have to start eviction
proceedings.  File as soon as possible.  Now you know that next time
get the security deposit in cash or money order, the credit check
before they sign the lease, etc.  Sounds like
you've been had.  Cut your losses and get them out.
Subject: Re: Landlord rights
From: sandiego7-ga on 26 Jan 2006 08:09 PST
 
You can proceed in a fast way if you first contact a lawyer who is a
specialist in landlor/tenant matters. All depends on the state where
you have the property.
A good starting point for further information is:
http://www.legal-advice-library.info
Subject: Re: Landlord rights
From: noel2254-ga on 15 Feb 2006 11:36 PST
 
I have contacted a Lawyer, we served a 3-Day, & Complaint for Unlawful
Detainer and they are still not out.  They changed the locks and have
denied me entry.  This is a very slow process and it just keeps
costing me more money.

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