Posted by Max-Va on June 25, 2006 at 11:47:56:
You need to check your state laws, because every state is different. If you have never done an eviction let an attorney handle this one. It may take longer and cost more than if you just forgot what they owed you and offered to pay $500 to move within 7 days and leve the property in move-in condition. You could get a judgement for damages to property and amounts owed but could you collect.
Eviction of late tenant - how? - Posted by Blake Starkey
Posted by Blake Starkey on June 25, 2006 at 09:57:26:
I’m new to landlordship, and think I’m in the process of learning a hard lesson. Could go into all the details but won’t. Bottom line, I have two sisters who joinly signed my one-year least to live in one of my small rentals. One sister has two small boys - she is struggling and amazingly beligerent - she lost her job one month into the house. The other sister works and is responsible. They’ve had a falling out w/ each other as the demon sister is causing all the financial issues b/cause she doesn’t work and even once stole her sister’s half of the rent. They have indicated they are breaking the lease. The house was beautiful when they moved in, and will be again. But they have lived hard and the house has gone downhill. My problem is they owe me $500 as of right now. On top of that, they are not leaving until the end of the month (causing me to eat a month’s rent then as I’ll need some time to bounce the house back). I have their deposit. I just want them out - now! Have left numerous letters. History of them telling me to come by for rent on a certain day/time, and then they’re not there or something has come up and I’ve wasted the trip to the house. Now, they are dodging - not answering or returning cell calls, not answering the door when I go by although I know one of them is there. Today is the 25th. What’s the best way to resolve? Small claims court? Or hire an attorney. As I see it, the price of the attorney to evict will be a wash financially vs. late rent plus next month’s rent plus whatever damage they have done to the place. What I really want is for them to pay and just leave - I’ll take my chances w/ the next tenant. Can’t believe I’m emailing questions like this, but these is turning out to be the rudest situation I’ve ever encountered. Please email any advice.
Re: Eviction of late tenant - how? - Posted by Carol
Posted by Carol on June 27, 2006 at 13:37:10:
I agree with Max - PAY your tenant to move out. They need $$ to start over again. If you place five $100 bills on the table and tell them the $$ is theirs if they move out in five days - well it is better than losing rent every month for how many months?? I, too, almost ended up in jail because of a lying, cheating, coniving tenant. The cop said to me ‘from what she has told me, I should be taking you to jail.’ Phew.
Re: Eviction of late tenant - how? - Posted by Frank Chin
Posted by Frank Chin on June 26, 2006 at 07:21:14:
Blake:
Listen to John and get an eviction attorney pronto.
Get an attorney that specializes in evictions. I was chatting with an estate attorney I was using, and he was mucking around with an eviction, with his opponent being a “eviction expert” from legal aid running circles around him. After wasting his clients time and money, finally turned the case over to a real eviction attorney.
Someone specializing in it is knowledgeable about the law and also has someone in court every day. Otherwise, you’ll get your case called, and the other side pulls another postponement costing you hundreds.
Some tenants “get the idea” when they start getting notices from an attorney and hopefully, they’ll start packing. In the worst case, it’ll get the clock clicking.
My dad made the mistake of changing his tenant’s lock, and the tenant hauled him to court. My dad then called an attorney who by then advised he’s too late, and he’s better off going down there himself, play dumb, and ask for mercy. My dad played “stupid landlord”. The sympathetic judge ordered him to let the tenant back in, but warned the tenant to be out in 30 days. The judge said “he was too busy playing games and better not see the both of them back there”. Fortunately, the tenant complied, and left soon after. In his haste, my dad lost several months rent.
A funny side note.
I went to my High School 40th reunion in early May this year (same week as the CREONline convention), saw a fimiliar name tag, but couldn’t place it. The man, same name as his dad, reminded me his dad rented from my dad, and it then occurred to me that this was the same guy my dad locked out. I remember it well as I was asked to serve the court papers, after my dad was told to do it legally, because the tenant eluded all the “process servers” standing outside of his home all day, and when approached told the “servers” that the tenant was off to work, or to the store etc. The process server then suggested that I do it, since I was of legal age, not the owner, and know what the tenant really looks like.
I served him the papers, and he angrily threw it back at me falling on the sidewalk, and chased me down the street. For an 18 year old at the time, it was scary. But he couldn’t tell me the tenant’s off at work.
Frank Chin
You need to proceed very cautiously - Posted by John Merchant
Posted by John Merchant on June 25, 2006 at 12:01:26:
Don’t know about your state’s laws, but my state, WA, has, in past few years, enacted a bunch of Tenant friendly/LL hostile laws…and here, a “cowboy” LL, thinking he’ll just take off the front door, or turn off the water, etc., etc. would quickly be in big trouble.
One recent anti-LL decision I remember nailed the LL $100,000 because he took it on himself to evict his way with no regard to WA law…and it obviosly came back to bite him
So the first thing I’d recommend you do is hire a lawyer for this one and let L do it.
Next you should join your LL Ass’n and start learning how other, successful LLs do it there, so maybe you can avoid another ugly situation like you have here.
I started out thinking I knew enough to manage my rentals, but quickly changed my mind after reading our statutes and some ominous court decisions really nailing some LL’s.