LOL more than once down in the twin cities metro area has law enforcement used LURES lol to get people to come in , but sad to say bad check writing in larger metro and larger cities is treated much differently than up here where I live, I have seen in court (one court, one judge county to handle every thing ) a woman who had separated from her hub she was the one who answered the summons about a joint acct she had with husband whom had left , the merchant sent the demand notices that our state required to the address on the check , demand was ignored , merchane filed the demand with the bank to show state law was followed and to tell them the acct info allowed in this state. I dont remember for sure which one of them wrote the check , one check was under 7.00 and the other I seem to think was just over 20. Its been long time so hard to recall all the details but I do remember she had to pay to the merchant the checks and state allowed fee(may have been 20.00 per check ) since it was posted at registers and 100.00 per check civil fine , I remember feeling bad for her such a horrid waste of money. yet down in Mpls and the burbs they all have different thresholds , one burb of Stpaul pretty much wont do anything unless its huge amount, mpls used to have a 500.00 threshold before city atty would prosecute a bad check writer back in the mid 90s. any way 51 I still think it wont hurt you to re check your states bad check laws in case they changed and then to send to the check writer what ever notice your state requires , via confirmed mail delivery this way if it even comes up in eviction hearing its covered. No matter what if the check writer lets this get to court the court is gonna see what tenant was trying to do and in court when the subject comes up if the court wants to give her say 7 days to vacate and has no minor children living with there then you may want to oppose it asking for it to be as little as 24 to 48 hours to get out. ( ive seen judge give 24 hours to childless adults before) do not be surprised if you have to use the sheriffs dept to carry out a court ordered writ of restitution to bodily remove tenant.
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electricity transfer
- Thread starter landlord51
- Start date
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landlord51
Member
FarmerJ - Thanks for copying the PA check law. I guess I only found a summarized version of that but it looks about the same. But I was interested in exactly how it was worded. I'm not sure if it was amended but I guess I can do a google search on it.
But I decided to call the county DAs office and they actually called me right back. They said yeah - that the police should know what to do with bad checks (didn't bother telling the guy they didn't and I was already there) but he told me to send tenant certified letter if I haven't already and fill out a "Private Criminal Complaint" form and bring this to police HQ. So I downloaded one and they asked for ancillary "evidence" including a copy of the cert letter. But I guess someone somewhere decides if it's prosecutable - not sure if police send it to DA and DA decides or police decides. Anyway, whatever happens happens. I'll do my part of it by filling it out and submitting to them. Nice thing is it won't cost a thing.
24 hour notice would be great - but I don't think this judge does that at all as a habit - I don't think, anyway. He always gives the maximum time - 7 business or maybe 10 days. The constable automatically calls me the day ordered to vacate and asks me if they've moved out. So far he's never had to remove anyone for me they seem to sneak out the day before or so (but he always tells me he'll have no prob doing it if he has to!) And this one has an 20year old son living there with her. But this hearing should be interesting because this one's a talker and a story-teller and it'll just interesting what she comes up with. Judge won't care, though...so far her MO has been to tell one person (like my onsite prop mgr) one thing (that she TOLD her to wait two days before cashing it) and then she'll deny that she said that to me to the prop mgr after 5 days but she really meant she'd have the money in 6 days, and I was "ignorant" because she told me Friday when I thought Thursday, and round we go until we're more than two weeks into the month. (So basically it's OUR fault, that's what she's using now). She plays victim and she'll turn the tables quickly to make YOU guilty. Crazy.
But I decided to call the county DAs office and they actually called me right back. They said yeah - that the police should know what to do with bad checks (didn't bother telling the guy they didn't and I was already there) but he told me to send tenant certified letter if I haven't already and fill out a "Private Criminal Complaint" form and bring this to police HQ. So I downloaded one and they asked for ancillary "evidence" including a copy of the cert letter. But I guess someone somewhere decides if it's prosecutable - not sure if police send it to DA and DA decides or police decides. Anyway, whatever happens happens. I'll do my part of it by filling it out and submitting to them. Nice thing is it won't cost a thing.
court wants to give her say 7 days to vacate and has no minor children living with there then you may want to oppose it asking for it to be as little as 24 to 48 hours to get out. ( ive seen judge give 24 hours to childless adults before) do not be surprised if you have to use the sheriffs dept to carry out a court ordered writ of restitution to bodily remove tenant.
24 hour notice would be great - but I don't think this judge does that at all as a habit - I don't think, anyway. He always gives the maximum time - 7 business or maybe 10 days. The constable automatically calls me the day ordered to vacate and asks me if they've moved out. So far he's never had to remove anyone for me they seem to sneak out the day before or so (but he always tells me he'll have no prob doing it if he has to!) And this one has an 20year old son living there with her. But this hearing should be interesting because this one's a talker and a story-teller and it'll just interesting what she comes up with. Judge won't care, though...so far her MO has been to tell one person (like my onsite prop mgr) one thing (that she TOLD her to wait two days before cashing it) and then she'll deny that she said that to me to the prop mgr after 5 days but she really meant she'd have the money in 6 days, and I was "ignorant" because she told me Friday when I thought Thursday, and round we go until we're more than two weeks into the month. (So basically it's OUR fault, that's what she's using now). She plays victim and she'll turn the tables quickly to make YOU guilty. Crazy.
Even if she wrote it as a post dated check , it wont hold any water , when someone writes a check out it is expected that the check be good right then and there. ( thats also why so many merchants like Walmo & gas stations do on the spot electronic check processing, run it in machine, customer signs a EFT consent slip and is handed check back)
George1776
Member
If people are able to fake - create false checks via printing progs whats to stop them from creating fake money orders and using them , it can take the same kind of time for fakes to be returned as it does for NSF checks and by then the person who offered it is in the door. Thats why I wouldnt accept money orders from a first timer since if a fake was used it they could still work it making a LL go through all the steps to get them out. If a LL required cash or cashier check to come from the bank they do business with the LL can ask the bank to verify it on the spot before depositing it. ( I have had it take almost three weeks once for a check I deposited to be returned to me as NSF , really stinks too because it was a pay check , never did I imagine that it could take that long , but it did)
Hey, let me know when the tenant is evicted ... I'll write you a check for 3 mos. rent & take it. Good luck. I would not shut off the electricity though .. you want this person with candles or a fire going?
One thing I have done is get a meter reading PRIOR to a Move In. Actually have a spot for meter reads ( ___ kWHrs. for electric, ____ft3 for gas) on the move-in/move-out inspection that is signed by the tenant. The tenant takes that number to the utility company and is billed from there.
landlord51
Member
FarmerJ - she didn't even post-date it. I have the returned check in my hand so I have proof it wasn't post-dated. It's dated for Dec. 1. It's just that she said not to cash it yet - but she didn't even do that. She just said that she said it. And twice she made me doubt myself on what she said and what I said. And then tried to pull one over on me what she allegedly said to the property mngr. Very clever this one. I'm going to submit the "private criminal complaint" to police when I have to go to eviction hearing tomorrow & wait and see.
Good idea but she won't even go to the utility company. And I'll never recover the money, she obviously has none. It's been transferred out of my name finally last week but I doubt she's done anything else. Just hoping she'll get out before I need to take possession.
Thanks again to all who gave (very generously!) their advice on this thread - this is a keeper.
One thing I have done is get a meter reading PRIOR to a Move In. Actually have a spot for meter reads ( ___ kWHrs. for electric, ____ft3 for gas) on the move-in/move-out inspection that is signed by the tenant. The tenant takes that number to the utility company and is billed from there.
Good idea but she won't even go to the utility company. And I'll never recover the money, she obviously has none. It's been transferred out of my name finally last week but I doubt she's done anything else. Just hoping she'll get out before I need to take possession.
Thanks again to all who gave (very generously!) their advice on this thread - this is a keeper.
In past I called electric co and give them tenant name, phone number, date of move-in. It gets transfered. I assume they call tenant to confirm.
I have a tenant with the same issue as you. But it was their security deposit check that was bad. 3 times. I went to their bank to verify funds before cashing it. Writing on the wall you may say.
Now they are behind on their rent and electric. (waiting for electrician to pull common wiring out of their panel before I can put the bill in their name.)
They are behind a grand. Their situation has changed. Daughter quit full-time job for part-time one. They have a dog they not tell me about. She is expecting another child. Never was informed. I am making them update financials so I can see if they can afford apartment.
Note: Tough renting market. Only people who showed up to see the apartment. Worst it's been in 15 years. Every third house on my block has "apartment for rent" sign on their lawn.
I have a tenant with the same issue as you. But it was their security deposit check that was bad. 3 times. I went to their bank to verify funds before cashing it. Writing on the wall you may say.
Now they are behind on their rent and electric. (waiting for electrician to pull common wiring out of their panel before I can put the bill in their name.)
They are behind a grand. Their situation has changed. Daughter quit full-time job for part-time one. They have a dog they not tell me about. She is expecting another child. Never was informed. I am making them update financials so I can see if they can afford apartment.
Note: Tough renting market. Only people who showed up to see the apartment. Worst it's been in 15 years. Every third house on my block has "apartment for rent" sign on their lawn.
When competition is great, you may have to resort to methods that entice people into viewing your rental. You might invest in lighting, bushes, and generally a better appearance of the front of the home than your neighbors.
To many LL's do not spend enough time cleaning and putting time into updating their fixtures and the little things that draws tenants into wanting to live on the property. If there is a market for furnished apartments, you might try it. The worst that can happen is that your applicant may want it without the furniture.
Furniture can be purchased for next to nothing if you know where to look.
Coupons for X amount off the rent to be cashed in anytime after X months of living at the rental seems to draw them in and serves as a good advertising gimmick. What you have to remember is not to get desperate and rent to marginal tenants. In the end it might cost you more than what you made by renting to them.
To many LL's do not spend enough time cleaning and putting time into updating their fixtures and the little things that draws tenants into wanting to live on the property. If there is a market for furnished apartments, you might try it. The worst that can happen is that your applicant may want it without the furniture.
Furniture can be purchased for next to nothing if you know where to look.
Coupons for X amount off the rent to be cashed in anytime after X months of living at the rental seems to draw them in and serves as a good advertising gimmick. What you have to remember is not to get desperate and rent to marginal tenants. In the end it might cost you more than what you made by renting to them.
applecruncher
Senior Member
So true. Case in point: A 4 unit bldg several streets over from me (actually a nice street) had a vacancy sign AND a ‘for sale’ sign out for a long, long time (over a year). What I noticed was the long grass and weeds – it looked awful compared to other adjacent buildings. If I were looking for a place I would not want to live there, no matter what the rent is. An owner who won’t pay someone to keep the grass cut most likely doesn’t care about other maintenance. Couple months ago someone bought the bldg, had lots of cosmetic work done and voila – no more vacancies. (The rent may even be higher now, I don’t know – but now it’s a place tenants enjoy coming home to and are not embarrased to have guests come visit.)When competition is great, you may have to resort to methods that entice people into viewing your rental. You might invest in lighting, bushes, and generally a better appearance of the front of the home than your neighbors.
To many LL's do not spend enough time cleaning and putting time into updating their fixtures and the little things that draws tenants into wanting to live on the property.
I had a one bdrm apartment empty for a about two years. All I had to rent to where losers with eviction records and or no credit or verifiable rental history, or employment. I found out that a local hotel was remodeling and was selling their inventory. I was able to purchase enough furniture to completely furnish my apartment. Within two weeks I rented the apartment to a woman that was paying more for rent and leasing furniture than what I was asking for rent. Tenant was elated that my unit was even closer to her work than where she was currently renting. What attracted her was not an ad in the paper, but my landscape and the well kept appearance of the property.
landlord51
Member
Update: Well, I got the judgement on Tuesday. The tenant called the court clerk's office trying to postpone the hearing because she was "sick." They told her she needed a doctor's note, but none such arrived, so she was a no-show. When the judge called me I just handed him the docs, told him I haven't seen a penny of rent from her, etc. and he gave the judgement for plaintiff. Now she can squat for the remainder of the time she has, approximately 20 more days or so, and then she'll be out.
And re bad check: I had to send her a certified letter stating officially I would "file charges" in 10 days if she doesn't make good on the check. So now I wait 10 days after this letter to submit 'private criminal complaint.' That's the procedure in PA, anyway.
And re bad check: I had to send her a certified letter stating officially I would "file charges" in 10 days if she doesn't make good on the check. So now I wait 10 days after this letter to submit 'private criminal complaint.' That's the procedure in PA, anyway.
Why does she have 20 days ? if she didnt show up thats automatic loss , Im puzzled why 20 days did the court set that as a date she had to be out by ? no logic in that much time frame , if the court awarded you possession of the unit did you see the clerk of the court afterward to learn if you could get a writ of restitution or what ever its called in your state that can be taken to sherriffs dept to be served to her before they come back and bodily remove a tenant ? ( I know state by state things are different but since she didnt show up she couldnt claim hardship or even get creative and claim grand babys lived with her as a way to try to get more time)
landlord51
Member
She gets 10 days to appeal (this could be 7 consecutive business days, but adds up to 10 - not sure, or just could be 10 days) and then after the appeal period she has 10 days to vacate.
So if she hasn't appealed or vacated during the first 10 day period, then I can file for possession ($300+) and she has about a week (about 10 days) to vacate. The sheriff will call me on day 10 to ask me if she left. . .The whole process from the date of my initial filing for eviction to the tenant's move-out date is approximately 6 weeks (minimum - if I act immediately) and $420 in this particular county. And actually, in this case, I luckily got a hearing scheduled very quickly, but it's still going to be close to 6 weeks. This judge used to not schedule hearings for the last two weeks of the year, but I guess there's more volume these days. But glad I didn't have to wait for the new year for the Hearing.
I think the "writ of restitution" is "possession" - which seems to differ from an eviction (they are separate court fees, anyway). The eviction is the order to pay back the money (plus court fees); and the possession, which is filed later, is the order to vacate, I think....
p.s. although if she hasn't called in her electricity by next week (ten days she has since the 17th) then they'll shut her off - which will have nothing to do with me. And she could move out at that point.
So if she hasn't appealed or vacated during the first 10 day period, then I can file for possession ($300+) and she has about a week (about 10 days) to vacate. The sheriff will call me on day 10 to ask me if she left. . .The whole process from the date of my initial filing for eviction to the tenant's move-out date is approximately 6 weeks (minimum - if I act immediately) and $420 in this particular county. And actually, in this case, I luckily got a hearing scheduled very quickly, but it's still going to be close to 6 weeks. This judge used to not schedule hearings for the last two weeks of the year, but I guess there's more volume these days. But glad I didn't have to wait for the new year for the Hearing.
I think the "writ of restitution" is "possession" - which seems to differ from an eviction (they are separate court fees, anyway). The eviction is the order to pay back the money (plus court fees); and the possession, which is filed later, is the order to vacate, I think....
p.s. although if she hasn't called in her electricity by next week (ten days she has since the 17th) then they'll shut her off - which will have nothing to do with me. And she could move out at that point.
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landlord51
Member
When they send the judgement papers to me in the mail I'll know exactly the time frame. But definitely 7-10 days to appeal and then another week or 10 days for her to move out.
Is this relatively lenient for tenant? I know in Philadelphia (bordering county) the whole process takes closer to 3 months and court fees are higher.
Is this relatively lenient for tenant? I know in Philadelphia (bordering county) the whole process takes closer to 3 months and court fees are higher.