Eviction question.....

copperkid3 · #41 10/01/09, 02:00 PM

mldollins: First off, I want to apologize for hi-jacking your thread earlier and going off on something somewhat related, but it did nothing as far as answering your original question. That said, I would advise that you check on what the laws in your state require for serving eviction. Most times a simple Google search will tell you all you need to do. Otherwise contact the county in which you reside and ask for the department that covers tenant/landlord issues and get the needed info. Or as you've already now done......hire a lawyer. The only other suggestion that I might make, (if and when you finally get your tenant out) would be to advise you to think seriously about going after the lost rent. Most times it is just throwing good money after bad......those kind of people *(and I use that term "people" loosely) play the "system" and know the percentages are in their favor.......bottom line is, they have no intention of paying you dime one and you'd have a better chance at getting blood out of a turnip. Your "trying to be nice" by not giving her a 5 day notice to vacate, was NOT appreciated by the tenant; instead I'm sure that she sees it as a sign of weakness and will likely take full advantage of any other "favors" that you happen to extend to her.

Here's hoping for the best in your situation.

michelleIL · #42 10/01/09, 02:14 PM

ok, I don't think you all are understanding marshloft's original point. She actually tried to pay the man and he would not take it. Since she tried to pay, she is not technically squatting. Now, I'mm not sure about the taxes thing. Did he ask you to pay the taxes, or are you just figuring that since you paid the rent that you paid his taxes, that one confuses me. And why did you spend all that money on updating a rental? My money would have went into looking for a stable home. I rent now, I'm not putting anything of MINE in this place, it's a dump. I rent it cuz it's cheap. They put me out, I'll move, plain and simple.

copperkid3 · #43 10/01/09, 02:30 PM

Quote:

Originally Posted by michelleIL

ok, I don't think you all are understanding marshloft's original point. She actually tried to pay the man and he would not take it. Since she tried to pay, she is not technically squatting. Now, I'mm not sure about the taxes thing. Did he ask you to pay the taxes, or are you just figuring that since you paid the rent that you paid his taxes, that one confuses me. And why did you spend all that money on updating a rental? My money would have went into looking for a stable home. I rent now, I'm not putting anything of MINE in this place, it's a dump. I rent it cuz it's cheap. They put me out, I'll move, plain and simple.

*********************************
We understood her point quite well.......she took full advantage of her landlord's ignorance to the laws governing rental agreements in his state; i.e. that he could give her a 30 notice to vacate and could have still received the owed rent for her "extended stay". The point that I tried to convey to her (and others like her), is that she could still do the "right thing" and send him an unexpected check covering the full amount for that "stolen" squatting time. To date, she has not given an answer as to whether she thinks this is a good idea (or not)......and I don't really expect to hear one.

mldollins · #44 10/01/09, 02:50 PM

tomorrow because 2 months of late rent. The attorney intends to hand deliver it. They have until October 18th to be out. If not, we're headed to court. I will ask for 2 months rent, change of locks, outstanding water bill, attorney and court fees, and possibly some damage done to the out side.

My wife and I have agreed that if they are in after the 18th but leave before the court date, we are still pursuing it.

If I am going to all this trouble of paying an attorney, I intend to finish it. I know you can't squeeze blood out of a turnip, but a judgment will stop them from getting a mortgage, loans, and send a message to other landlords.

I really tried to work with these people, but they messed up.

samm · #45 10/01/09, 02:55 PM

copperkid...thats a great idea...that everybody that screwed me on rent would just send me a money order...(sorry no checks on these folks) i would be tickled to death. or even just the ones that said that they would mail me some money when they had some...lol lol . whats worse is they get mad when they are silly enough to call back to see if they can re rent from me..... lol lol lol...they forget....i dont...

samm

Joshie · #46 10/01/09, 03:16 PM

Quote:

Originally Posted by mldollins

Then we got an email saying power was getting ready to be cut off. A few hours later, we got an email that she had the power put in my name. TO me, that borders on identity theft.

You need to speak with the power company ASAP! They cannot put a bill in your name without your permission. I would turn the power off now, before it gets cold and you cannot turn it off.

Why didn't your attorney agree to send a 5 day notice for non-payment?

Nevada · #47 10/01/09, 03:18 PM

Quote:

Originally Posted by mldollins

My wife served our tenants a 30 day notice to vacate. The renters chose not to pay the rent in September. However, one thing she did not do is have the notice notarized. Could this pose a problem? I do know it needs to be notarized before filing in court.

thanks

If they leave, which they will most likely do, then it's a moot point. Relax and see what happens.

Wisconsin Ann · #48 10/01/09, 04:21 PM

Good luck with all this. My MIL has rental properties in New Mexico. She bends over backwards to be nice. She's always available for problems, she doesn't hound people for backrent if they're upfront telling her it will be late..she'll comp somone a month's rent if they've lost a job or have medical bills. She'll get her church involved if someone is having major troubles..and yet...

she regularly has people tear out the cabinets when they leave, the fixtures, lightbulbs. When copper was so high in price, they ripped out the plumbing. She had one man simply say "no.I'm not paying the bills and I'm not leaving". It took 6 months and 5 court appearances to get that one resolved..and THEN she didn'tget any back rent, or damages (he had completely trashed the place when he finally left.)

One lady who rented a lovely stone home from her was a school teacher. She had a good job, was never late with her rent, was in the process of trying to get the money together to BUY the house...when she couldn't get a loan financed...she decided to buy another smaller house. Well, that's fine. MIL can rent any of her houses twice over. So, MIL let her out of the rental agreement (6months), the lady said "i'll be out end of the month" (it was the beginning of the month)...4 days go by and there's no rent money...MIL goes to check up and make sure thelady is okay...The house was empty. Lady had left and taken all the cabinets off the walls, the kitchen sink, the toilet out, the rods out of the closets and the doors off the hinges. All of it gone.

As Artificer says "I'd rather burn the house down before I'd rent to someone".

oh yes. MIL had a house torched a couple weeks after a guy moved out.

she has had some nice people...but holy moly.

mldollins · #49 10/01/09, 04:58 PM

they are a waste of skin. I don't know what it is with people who think they can live off others.

Lazy J · #50 10/01/09, 05:18 PM

We have rental properties, we have learned our lessons. If you are late on payment, you get a 10 day eviction notice! No questions, you don't pay, you are out.

Jim

bjba · #51 10/01/09, 06:05 PM

Funny how some who consider themselves paragons of virtue have no problems cheating, stealing from, or vandalizing the landlords property. I was a landlord for over 20 years and would never rent another property to anyone.

Danaus29 · #52 10/03/09, 01:37 AM

On either side of the fence, renter or landlord, you need to know the laws and your rights before ever getting into a rental situation. It seems in most cases the tennants have more rights than the real owner of the property. My aunt and uncle own several apartments in the university district. While most of their tennants are no problem the few bad ones are truly bad.