Eviction
I have an eviction to schedule. The constable called today and said he had time available this Thursday. I agreed to it. However, that seems so soon. Yes, the tenants have been forewarned that this was coming but sheduling it for 1 1/2 days away seems quick. My issues are this:
1. If we follow through on the eviction we will have to pay for the company handling it, this months rent, a cleaning fee & marketing for a new tenant buyer (which will be harder since it's Christmas time).
2. The tenants are trying to take us to court with rent escrow. The court date is Monday. At that point they would have already been evicted. However, they don't have a case against us at all. So I believe the judge will rule in our favor and award us rent. If the eviction is postponed I believe we have a better chance of them paying that rent to us vs. if they've already been evicted.
You're opinions are greatly welcomed.
Thanks
What state are you in? Sounds great to be able to get an eviction that fast. In ca. we would be lucky to get them out by xmas of 2005. Any time I could get possession of a property before the legal quirmire starts, I do it it even if it requires paying them to relocate. The attorneys out here make their money by dragging out the eviction, BK process. right or wrong.
Good luck
IF you had a legitimate reason to want them evicted in the first place then follow through with it.
Nothing has change you are just getting cold feet.
If they haven't paid GET RID OF THEM>
I too tried the "well maybe if I do this or that they will pay" game MANY times and ALWAYS lost.
I just ended up with a tenant who in 2 months pulled the same thing.
Handle your rentals the same way the big boys do. You know the ones who own the 400 plus apt complexes.
Follow through with the eviction.
Mike
I agree...that is fast.
Not knowing the complete details (are they trashing the property, how much security involved, any prospective tenants to fill the vacancy, etc...) I'd say to get them out ASAP. I always sleep better knowing my tenants are responsible and paid up. I never let any legal issues fester in a property. It only brings false hope for the violaters and makes a bad impression on the other tenants.
I agree with Mike - Botton line: If they haven't paided thay are stealing from YOU every day they are in the property.
I will print it out and put it somewhere I can easily see.
Quote:
On 2003-12-09 14:18, smills wrote:
I agree with Mike - Botton line: If they haven't paided thay are stealing from YOU every day they are in the property.
Postpone till after Christmas. Tiss the time to be merry. No body will want to move in in the next 10 days. Just tell the sheriff to postpone. Do not cancel but only postpone. Take them a nice gift too. I evicted one just before Christmas and felt really bad afterwards. Any other time I want them out the soonest I can
Good LUCK and HAPPY HOLIDAYS
Hope this helps some
Ted Jr
Have you already been to court and has the judge ordered an eviction? If so, then get the deadbeats out. If they have already been to court and still have not paid you any rent, then they never will. The longer you allow them to stay, the more money you are allowing these people to steal from you.
Perhaps, the sheriff is simply serving notice of an eviction hearing that will require your tenants to make a court appearance. It was not clear from your post just where you are in the process. If this is the case, then let the sheriff do his thing. If the case gets to court, the court docket may be too full to get a quick date anyway. In one county where I have rental property, I need a 60 day lead time to get a court date.
I don't understand "rent escrow". Are you talking about security deposit here, prepaid rent, or something else? Are the renters really your tenant-buyers in a lease option agreement? Anyway, if you know that the tenants are planning to contest something, and you have a court date, why aren't you talking with your lawyer now. You should be filing a cross complaint against the tenants for unpaid rent and legal costs of defending yourself in court.
Because you use the term "constable" I wonder if you are located in some country other than the United States. If you are not in the US, then landlord tenant laws and eviction proceedings may differ greatly from our frame of reference. Consider updating your user profile to include your location (city and state, or city and country). If you are in the US and if we know where you are, some of our responses might not have been so vague.[ Edited by DaveT on Date 12/18/2003 ]
Thanks for all the responses. I went ahead with the eviction and had the tenants put out last week. The rent escrow court date came, I went to court and they didn't even show up. They definitely did it as a stall tactic hoping I wouldn't evict. Now that I've washed my hands of them I am on to finding a new t/b. If anyone has a good company that finds tenant buyers in Baltimore please let me know.
Thanks!
Christmas creates a moral issue, but not paying rent (stealing from you) is not moral either. I bought a 7-family where 3 are not paying rent.