Eviction Woes.

JasonCowan profile photo

I have a tenant whom I have taken to court and recieved an judgement against. I sued for possession and to recover past due rent. At the courthouse the tenant agreed to move out in two weeks. (the judge gives you 10 days to move in Virginia anyway) It has now been 3 weeks. I have not heard from the tenant, and the other tenant has not seen him at the house (the property is a duplex). Anyway, he seems to be gone, but his stuff is still there. All clothes etc has been moved, but furniture is there. I am not sure what to do now. Should I just throw it out. The unit only rents for 200/month and the furniture is not worth anything in my opinion, but I would hate to have to pay him something for it if i ditch his stuff. I have filed for a writ of possession (where the sherriff actually removes the tenant). Should I wait to go there with the sherriff to throw out his stuff? It could be a while before they get to me. I filed paperwork last week and haven't heard back yet. Also, does anyone know if disability checks are garnishable. The guy is like 25 years old and that was the tenants only source of income. (By the way I inherited this tenant when I bought the place... ) :-x

Comments(14)

  • alexlev3rd December, 2004

    Do not go over there and move the stuff out on your own. Even if it's worthless, you could find yourself in hot water both financially and even from a criminal prosecution standpoint. Find out from the sheriff's office how long it takes them to process evictions. Also speak with an attorny to find out what you should do with his stuff. Some states let you park it at the curb. Others force you to store it for a certain amount of time.

    Sorry, no idea whether disability checks are garnishable.

  • LadyGrey3rd December, 2004

    You have my sympathies! Your stress levels will go back to normal in a few months. I've had a crazy one I almost had to take to court. It was horrible!

    I thought in a case like this (and check your state's landlord/tenant act) you have to keep their belongings in a storage unit (or spare garage, whatever) for three months. After that three months, it can go to charity - I don't think you are allowed to sell the stuff.

    Anyway, keeping it all in a garage will at least permit you to re-rent the duplex.

    My dad has this happen all the time - he has an extra shed for this kind of crap.

    Best of luck.

  • InActive_Account19th January, 2005

    Has this been resolved now?

    What should have happened is you should have filed a writ (SP?) at the court house after the 10days - sked a lock out/toss out date with the sherriff - they will post a 3 day notice on the door. Once you have him locked out - you can toss his stuff out. I have done it several times. If this is yor first time call the sherriff and get the specifics - you will need to change the lock and they normally only give you an hour or so to lock it down. Good luck.

  • ray_higdon13th January, 2005

    Run, don't walk, to the nearest bookstore and buy Robert Shemins Secrets of a millionaire landlord, no fluff, just concrete advice and strategies for managing properties.
    [addsig]

  • LittleHunter13th January, 2005

    THANKS RAY!

    I just ordered it.

    All advice welcome (and needed) !

  • Craigthecubfan14th January, 2005

    Yes it will be great experience, but keep in mind a property manager does the "dirty work" like finding the right tenants, chasing late payments, evicting angry tenants, and dealing with people whose toilet broke down in the middle of the night. Its not for everyone, but someone has to do it. I say god bless 'em because they perform a valuable service and make investor's lives much easier.

  • tzachari14th January, 2005

    How do you know if it is a great job, if you don't know anything about it? Just like any other job, you learn while you are in the job and after say a year, you will really know if it is great or not.

    Just read one or 2 solid books on RE management and that should be good enough. Hands on training beats any book. My advice is get started with the job and see how it goes after a year, if you truly like PM.

  • hibby7614th January, 2005

    Read:

    Landlording (Robinson)

    Can't remember the name of the other one I'd recommend (title says something like "managing rental properties"wink

    Find a local landlord association and join it.

    Find a local landlord who'd been around the block. Get to know him and pick his brain.

  • mattfish1114th January, 2005

    I think property management gives a great "nuts and bolts" understanding into the world of RE. I mean - what would RE investing really be without some kind of tenant?!? It's a good start and I agree - if you don't k now anything about it, start your education now!

    Good Luck!
    [addsig]

  • LittleHunter18th January, 2005

    Thanks for the advice guys, I realize that it's a little premature to call this a "great job". but they are starting a guy who has no expirence with a high salary +commisions. That in my book is a great job, but we'll see. I don't want to be a PM forever, I want to be a professional landlord. I'll be getting my realtors license too, so i should get lots of good leads and have a great handle on my market. I owned a landscaping company for years so i know how to deal with fussy customers.

    I have a meeting with the guy in a few weeks so i'll let you know how it goes.

    BTW, How does the comission system work for a PM?

  • loon18th January, 2005

    Depending on the number of units, you may end up in over your head if you're going to do it alone. I assume he wouldn't ovework you, but be aware of that. Make sure you get authority to hire out bigger repairs, so you don't end up having to spend all your time doing them AND finding tenants AND checking refs AND cleaning units...you get the picture.

    PM companies generally charge 8-10% of gross rents, but they don't get a free place to live, either. which I'm assuming you get. The companies also generate reports, handle all the money, deal with evictions, etc.

    More importantly, you've been handed a golden opportunity to learn the nuts and bolts of RE investing from someone who's obviously (?!) successful. If he's amenable, ask, follow, and learn. This could be your ticket, too. Good luck, have fun, learn wads!

  • Medusa5219th January, 2005

    why would you want to work for your girlfriends dad - the whole situation puts you in a position of weakness with her(dad is still controling everything-even the boyfriend-(you)-and with your boss-"you did what to my little girl? youre fired!" When asked what you do= at a party-I work for her dad? Unless you are trying to be some kind of gigilo-then go for it-but prepare for pridless - gopherboy-pushbutton slave life-Havn't you ever seen the movies where the guy who marrys the rich girl refuses to accept daddys money and insists on supporting his wife thru his resources-whatever that may bring-and they are in love and live totally happy on a policemans wage- you plan on living ""their life" and any father would never give a person without a plan control of anything-sounds like a trap to me no matter how many books you buy.

  • LittleHunter19th January, 2005

    interesting insight medusa, sounds like you've had a bad expirence... But i'm not worried. I'm not working for her dad, but a guy he knows. Her dad is probably one of the nicest guys i've ever met. My relationship with my GF is rock solid and that isn't going to change.

    We'll see what happens... i'll report back after my meeting.

  • ray_higdon19th January, 2005

    After showing what a great PM you are, you want to pick the investors brain and get into managing places you own, rather than ones owned by others.

    GL
    [addsig]

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