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Tenant went MIA - what to do
majimaji
#11 Posted : Wednesday, October 06, 2010 5:28:56 PM
Rank: Veteran

Joined: 4/4/2007
Posts: 1,162
Wait a minute! 7months no show? What if the guy is dead?
Wendz
#12 Posted : Wednesday, October 06, 2010 5:32:40 PM
Rank: Elder

Joined: 6/19/2008
Posts: 4,268
Gordon Gekko wrote:
kyc - know your customer. Take the first month of tenancy to know his wife, girlfriend, mother, village, place of work, drinking joint, village. You will come across as nosy, but it always helps.

I for instance insist that my tenants respond to an email have have sent to their corporate email address before they move in.


Aaaaii, GG, hii utajua aje kama tenant ni wa round mwendas?
Intelligentsia
#13 Posted : Wednesday, October 06, 2010 5:37:56 PM
Rank: Elder

Joined: 10/1/2009
Posts: 2,436
You and us know it is 7 months of absentia, but can you prove that in court?
Methinks you should fire a formal registered demand letter to his address (hope u got it!) saying despite trying to trace him on hi cellphone over the last 7 months, he has not bothered to respond and clear his arrears and you are left with no alternative but to proceed legally. It good effectively documents the 7 months and gives you right to give a him a royal legal kick in his runaway bum.
Djinn
#14 Posted : Wednesday, October 06, 2010 5:41:59 PM
Rank: Elder

Joined: 11/13/2008
Posts: 1,565
I have spoken to an auctioneer - they will write up a proclamation (distress for rent) and serve it on the premised. After 14 days elapse without any action, then an application can be made for a break in order, which when issued, requires the police to be present to take an inventory then they can cart the stuff away. I was amused to learn that certain things cannot be attached - sheets, sufurias, etc - I guess it might also be hard to auction someone's 007 briefs.

@dossy7 - same compound - no way he can sneak in.

@winston - I fear the same. The auctioneer tells me the lawyer who can get the break in order charges abt 15k - so I am set back 87k and yet the goods might not even be worth 20k.

@Maichblack - I will try and check and see what the new rules are but this guy did not make any mention of anything exceptionally different.

@Waithaka - what is ABK ? Yes, 7 months...

@GG - good suggestion - esp the part abt "knowing" his wife smile

@Magigi - if you can send some contact numbers, that could be plan B - Kazi kwa Vijana.

@Majimaji - guy is not dead. he has been seen by the Mrs at a supermarket...

@Intelligentsia - pls see the number above - 87k is what I am set back. Thats as legal as I am willing to go. I want to cut my losses - and perhaps no more tenants.




MaichBlack
#15 Posted : Wednesday, October 06, 2010 6:13:46 PM
Rank: Elder

Joined: 7/22/2009
Posts: 7,858
Magigi wrote:
@Djinn
...ita vijana wakumalizie....Embakasi style!!!

@Djinn - You don't need those Embakasi guys. They only come in handy in situations whereby you are likely to experience resistance. In this case there is none. Forget the auctioneers and lawyers also. Break the damn door yourself, get a second hand dealer in house hold goods sell him all the stuff - bei ya jioni - and cut your losses. This fellow is not coming back. And if he does, he'll still have to prove he's been your tenant for the last seven months. If he ever comes back, just say he moved out several months ago [with all hsi stuff - LOL] and he actually owes you money for 'the last two months'. The burden of proof is on him.

As of future tenants, just vet them more carefully, demand for deposit - maybe two months, and make sure they pay rent by 5th - no monkey business. You might also want to put up one of those house ad. "Single Working lady required...". I'm sure the mrs. will understand.Laughing out loudly Laughing out loudly Laughing out loudly
Never count on making a good sale. Have the purchase price be so attractive that even a mediocre sale gives good returns.
MaichBlack
#16 Posted : Wednesday, October 06, 2010 6:18:25 PM
Rank: Elder

Joined: 7/22/2009
Posts: 7,858
Gordon Gekko wrote:
kyc - know your customer. Take the first month of tenancy to know his wife, girlfriend, mother, village, place of work, drinking joint, village. You will come across as nosy, but it always helps.

I for instance insist that my tenants respond to an email have have sent to their corporate email address before they move in.

Na hii masaa yote mtu atatoa wapi? What if you have a couple of tenants?
Never count on making a good sale. Have the purchase price be so attractive that even a mediocre sale gives good returns.
Djinn
#17 Posted : Wednesday, October 06, 2010 6:19:42 PM
Rank: Elder

Joined: 11/13/2008
Posts: 1,565
MaichBlack wrote:
Magigi wrote:
@Djinn
...ita vijana wakumalizie....Embakasi style!!!

...The burden of proof is on him.

As of future tenants, just vet them more carefully, demand for deposit - maybe two months, and make sure they pay rent by 5th - no monkey business. You might also want to put up one of those house ad. "Single Working lady required...". I'm sure the mrs. will understand.Laughing out loudly Laughing out loudly Laughing out loudly


Really? Abt burden of proof? I just do not want to take any chances that he will come back and make ludicrous claims.

The "Working Girl" idea is good - I hope you don't mean like K-street CSWs - though if that is the case, I can accept payment in kind, eh?

Ric dees
#18 Posted : Wednesday, October 06, 2010 6:20:57 PM
Rank: Member

Joined: 3/6/2008
Posts: 632

@Djinn. I feel for you bra, i think next time it's always wise to have a tenancy agreement here are 2 clauses that will help you in future:

1) EGRESS AND INGRESS; the landlord or any other person duly authorised by the landlord, in writing retains the right to enter the premises at anytime for purposes of inspecting the state or condition thereof by appointment of 24 hours notice, except in cases or emergency, whereby the Landlord or his authorized representative retains the right to enter without notice.

2)DELINQUENT ACCOUNT (RENT ARREARS): If the tenant fails to pay rent or any part thereof within 14 days from the due date of payment (whether or not demanded) then the Landlord shall without prejudice to any other right that he may have under the law retain the right to terminate the tenancy and assume possession of the premises immediately and take whatever action it seems fit to recover the arrears of the rent. If the tenant fails to comply perform or observe any of the covenants here in or is declared bankrupt then it would be lawful for the landlord at anytime thereafter to re-enter upon the premises and repossess the same without prejudice to any other right.

The greatest danger in times of turbulence is not the turbulence; it is to act with yesterday's logic.
slammers
#19 Posted : Wednesday, October 06, 2010 7:17:47 PM
Rank: Member

Joined: 5/1/2009
Posts: 206
the auctioner way is the best method to apply but must warn you tiat it is not for the faint hearted. once auctioned a tenants pick-up @ 30k for rent amounting to 23k and 5k for auctioner expenses the poor chap 2k. if he could have sold it at market value he could have nt lacked 150k
MaichBlack
#20 Posted : Wednesday, October 06, 2010 9:17:11 PM
Rank: Elder

Joined: 7/22/2009
Posts: 7,858
Djinn wrote:
@winston - I fear the same. The auctioneer tells me the lawyer who can get the break in order charges abt 15k - so I am set back 87k and yet the goods might not even be worth 20k.

@Djinn - You can bet this fellow didn't just wake up one day and decided to disappear. He must have planned the whole thing. It therefore follows that he must have moved everything that was valuable and moveable in a discrete manner - especially at night when you are asleep. For one, don't expect to find any electronics in that house - and that's the best bet to recover your money. The only things in that house might be the bed chairs and such like stuff. The proceedes from their sale might not even cover the cost of the auctioneer and and the lawyer. I say, kama mbaya mbaya - vunja nyumba - iko nini?

On the "Single Working Lady" - I did not mean the K-Street type - huyo atakuletea akina sonko waku kidnap - or is it adultnap - and forge the ownership documents for your house before it is sold kwa bei ya jioni. I meant a "normal" working lady. I have seen such adverts in a couple of malls.
Never count on making a good sale. Have the purchase price be so attractive that even a mediocre sale gives good returns.
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