Tenant/landlord

[netto12]

Tenant deposits of 3 months have been used up to cover his non-payments of 3 months rents.
Verbal/written notices had been issued but so far has been ineffective as the tenant and family members cannot be located.
Are we able legally to take possession of his property and have the same auction?

1) NEVER use the tenant's deposit for rent. NEVER allow them to use the deposit for the last month's rent either.

2) When rent is not paid, issue a Pay or Quit notice as soon as rent is legally late. Do not delay on issueing this notice. It is available from the clerk of court's office or on-line at the court's website. Make sure it is served properly (ask the clerk ther correct way to serve it) and keep a copy for your records. Accept only the full amount of rent that is due. Do not accept partial payments on the rent.

3) If the tenant has not paid in full by the expiration of the Pay or Quit notice, go to the clerk's office and file for eviction. You cannot take possession of the property yourself. That is illegal. But a judge can order the tenant out, and have law officers legally remove the tenant if he refuses to leave.

4) If you belive the tenant has moved out and abandoned the property, post a notice of your intent to enter. Wait the appropriate amount of time for your area, then go in and inspect the unit. (Please post the area where the property is located and we can possibly give you the correct abandonment statutes for that area. You should follow those laws to regain possession if it appears to be abandoned.)