18th May 2008

Eviction Court Here We Come

posted in Landlord/Tenant |

In a previous post, I wrote about the fact that there was a smell of eviction in the air at one of my rental properties. Subsequently, I did file for eviction and the tenant proceeded to file an answer to my suit by depositing some, but not enough, money with the court, no doubt in an effort to buy herself some time.

EvictionThis tenant in question has been totally stonewalling me on the rent while we wait for a court date. By the time we get to court next week, she will owe approximately $1200 in total.

In my opinion her so-called defense will consist of crying “poor” to the court in an effort to obtain mercy from the judge. From my experience, the court DOES NOT consider itself a social worker and tends to stick to the letter-of-the-law.

We shall see….

In the mean time, I posted a “notice of inspection” and performed that inspection. I found that she had not done any maintenance on the property as is her responsibility under the lease, like changing the A/C filters for instance. And that’s not to mention the broken window, torn bug-screens and damaged patio door.

After that, I sent her a “notice of non-compliance” pursuant to a part of the Florida state landlord-tenant code which, if she fails to comply, I can use to evict her.

It’s interesting to me that some tenants think that they can do w-h-a-t-e-v-e-r they want and get away with it.

The good news is that there’ll be another post next week on this situation so you won’t have to wait another month for a post. :)

With tenants not paying rent, etc. The money has to come from SOMEWHERE to pay the mortgages on these rental houses…so that’s what I’ve been doing during that time.

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This entry was posted on Sunday, May 18th, 2008 at 6:00 am and is filed under Landlord/Tenant. 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 9 responses to “Eviction Court Here We Come”

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  1. 1 On May 18th, 2008, Clifford said:

    That’s really unfortunate.

    Not only does this mean you have to pay the mortgage, but also you have to spend your time getting them out.

  2. 2 On May 18th, 2008, TheLandlord said:

    Hi Cliff! Yes, I’m thinking of changing the name of the blog to ‘The SUCKessful Landlord Blog’ I’m not sure all this trouble is worth the investment. I guess we’ll have to wait and see.

  3. 3 On May 20th, 2008, George C. Torres said:

    There are, I’m sure, several ways to compel tenants to pay on time. Solutions/legal recourses vary from state to state. I speak from experiences in Texas.
    One of the most successful ways I’ve found to get a tenant to pay or quickly move out is to excercise the contractual lien portion of the rental contract. Once they see you or your crew walking out with their big screen HDTV, they somehow miraculously come up with the money. If they know you’re coming for the TV, they’ll usually try to vacate before you get there.
    If you or your crew take the TV when they’re not present, please leave the obligatory note with all the particulars and instructions on how the item can be redeemed (including costs to secure the damn thing in the first place.) It hasn’t failed me yet.
    Just be aware that after redemption or payment, the tenant will most likely remain for the rest of the month then move out on the last day of the next month’s grace period — Damn the 30-day intent to vacate notice! Be sure to catch them as they slowly start to move out after not paying rent on the first of the month. Perhaps if you’re lucky, you can determine their new address and inform their next landlord of the ex-tenants shenanigans. Better yet, knowing the new address will make it easier to process the summons for small claims court.

  4. 4 On May 20th, 2008, Jessica Hickok said:

    Tenants all have their priorities, either a) she’ll come up with the rent, b) she will continue to play the courts in effort to buy time, or c) she’ll end up on the curb with all her crap. Either way…d) I’m sure the next post will be hilarious. Thanks for the post!

  5. 5 On May 22nd, 2008, Minnesota Investment Property said:

    I know how you feel. I swear I am now jaded when I am showing properties wondering if this prospective tenant will be my next eviction! Despite doing this for several years, I just have not been able to find the silver bullet when leasing to find the ones that are always going to pay. Maybe it is the neighborhood and price point. Oh well!

  6. 6 On May 25th, 2008, My Trip To Eviction Court said:

    [...] the hearing was definitely interesting. It was nothing like I had experienced before. It just goes to show that [...]

  7. 7 On June 2nd, 2008, Judy Lyons said:

    I’m so glad to have found your website. As a new landlord I have encountered my first eviction with my 3rd tenant. I have a little granny unit. It is attached to my house for 550mo, all inclusive, with lots of amenities. I need this to make my mortgage–new homeowner, too.
    So I kept things fairly casual, verbal contracts,cash pymts recorded on my calender. “Kept” being the key word here. I wanted to give people a break on the high cost of moving in and this is what I got in return …

    I rented to this woman after fielding lots of interviews. She was the last person. I liked her energy, rent was no problem “I’m a housecleaner, I make 100 bucks a house, 3 houses a day, bam-bam-bam.” As it turns out, which she didn’t mention at the interview, she’s actually a nurse who got busted for stealing and trying to fill a script of Percocet, so she’s lost her license and her 90K a year job.
    Anyway.I conceded to her request to have her 7 year old daughter over every other weekend. She moved in. Wanted to rent by the week- paid $200 first/200 2nd week.
    3days late with the second week.
    Then wanted to rent by the month. April. 550. Could pay it all, but, gee, she wanted to split it up in 2 pymts. I agreed. Told one time only as it affects my mortgage. Told her all through April, “May 1st, I need the rent.”
    Got last 300 of April’s rent on April 29th.
    Knew there would no May 1st rent. So told her on may 5th, I need it by the 9th, no rent. Gave her ’til the 14, then posted 3day. No movement. No rent.
    THIS IS THE BEST PART — well, in a weird way.
    From April 12 to May 9th, she went into my house, through the doggie door, and accessed my computer 5 different times to go to a website called COLLARME.COM, an S&M site where she proceed to send an attachement picture of herself in a skanky dominatrix corest,etc. along with her profile.
    I discovered this activity after her 3rd visit. I confronted her and she said she was just fooling around. I told to never go to my house again. She promised. And stupid me! I let her stay. Because of the kid I let her stay! AGGGGG!!!
    She went in twice more after that!
    A total of 178 contacts and emails. I told she was setting up escorts on my computer and to get out. She denies and lies.
    But because I let her pay in 2 payments she used it against me to stay for 30 more days. It’s now June 2nd and I just paid a lawyer 750 to get her out. Got the papers,got the server. Just need to catch her going in or out at her odd hours, because she won’t open her door.
    I MUST HAVE A PSYCHO MAGNET. I LIVE 40 STAIRS UP AND THEY STILL FIND ME!

    Any suggestions on my situation and landlording would be greatly apprecited. I live in Sonoma, California

  8. 8 On June 3rd, 2008, admin said:

    Judy,
    Thanks for commenting. Unfortunately, this business all but attracts some very crazy people. One thing I’ve learned is that typically if you can hold your life together, you’re probably a homeowner….with a job….and a car, etc.

    The only real way to weed out these people is to do extensive background and credit checking. In time, you’ll be able to approve someone using an application and credit report only.

    Oh, and if they don’t have a credit history or references, don’t rent to them.

    If their current landlord can’t/won’t return your calls, don’t rent to them.

    Like Shakespeare says, “My dear, you doth protest too much.” Many of these people like to think that they can talk their way into or out of anything. This is a sure sign of a bullshit artist.

    Glad you like the site.

  9. 9 On June 15th, 2008, Just A Quick Note said:

    [...] this is just a quick note to say that the eviction process that started in this post, has STILL not resolved itself. Some 50 days later, the deadbeat tenant is STILL occupying the [...]

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