22nd June 2008

Another Eviction In The Bag

So, remember the latest eviction story? Well, it’s FINALLY over and done. At the court hearing, the judge ruled that if the tenant deposited $300 with the court, she could stay another two weeks until school was finished for the summer so as not to disrupt the kids lives so much.

Well, she failed to deposit the money with the court and the judge failed to issue the eviction. I had to send no less than three emails and nothing happened until I sent the one below.

I really don’t see why it was necessary for me to have to go to these lengths to get an “official” ruling from the court but, in any case, Enjoy!

Dear Judge <name deleted>,

RE: Case no. <deleted>

I am the plaintiff in the above referenced case and this will be the third time I am writing to you about this matter.

This case was heard by the court on May 22, 2008 where you ruled that the defendant, <name deleted> was to deposit $300 into the court’s registry by the end of business on May 23rd and she would be allowed to stay in the property for 2 more weeks.

Ms <name deleted> has failed to deposit $300 into the court’s registry by May 23rd and as of today, I have yet to receive a Writ of Possession from the court, Ms <name deleted> is still in possession of the property and is refusing to vacate.

Your honor, today I made the second mortgage payment on this property since receiving a partial rent payment for the month of April. If this situation continues, I will not be able to make the next mortgage payment thereby damaging my excellent credit and effectively endangering the property with loss to foreclosure.

In response to my last email about this case, a <name deleted> responded only with, “The file is with Judge <name deleted> for his review.”

Please respond with an explanation as to why the court has delayed the issuance of this Writ of Possession and in the process, threatens to damage my credit and subjects my property to loss by foreclosure.

Ms <name deleted> has been effectively occupying this property, rent free, now for 50 days and I simply can not wait any longer to regain possession if I am to re-let this property in time to make the next mortgage payment. Further, I am not able to show the property to potential tenants due to the state of absolute squalor Ms <name deleted> feels the need to keep the premises in (I can provide photos if necessary.)

Your honor, at you earliest convenience, please either issue a Writ of Possession or let me know how the court intends to officially rule in this case so that I can make the appropriate arrangements with the bank. I may be contacted directly by telephone at (321) <deleted>.

Respectfully,

The Landlord (paraphrased)

I mean, Jeeze! In the state law it’s called the “Landlord/Tenant” statute, not just “Tenant” statute for a reason. The court is “supposed” to take all parties into consideration. So W-T-F did I have to write an email like the one above??

On a positive note, the place is being trashed-out, at my expense of course, and will be ready to show next week. yay.

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This entry was posted on Sunday, June 22nd, 2008 at 6:00 am and is filed under Care and Feeding of Tenants. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

There are currently 4 responses to “Another Eviction In The Bag”

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  1. 1 On June 22nd, 2008, Jessica Hickok said:

    This has taken over 6 weeks for you to get this woman out!! How frustrating! Make sure that the final judgment (including damages) gets filed on her credit report. Therefore whenever she tries to rent another property, buy a home (yeah, right) or purchase anything requiring credit, she will eventually have to come back to you and pay you off. It will take years, but eventually it will come back to you. I am a firm believer in karma. Good luck and thanks for the post.

  2. 2 On June 29th, 2008, Whiney Potential Tenant said:

    [...] As it turned out one, of the vacant rentals was snapped up pretty quickly, the existing tenants in another one renewed their lease (yay!) and that left the one which needed to be totally cleaned out after the most recent eviction. [...]

  3. 3 On September 13th, 2008, Kentucky curls said:

    We recently purchased 5 acres of land and have now found out that the previous owners had leased a section of it,is the lease still binding?

  4. 4 On September 13th, 2008, TheLandlord said:

    Typically, yes. You should get a copy of the lease. There may be a clause releasing you (the landlord) from the lease but don’t count on it.

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