Eviction or Trespassing? (by MJ [SD]) Feb 2, 2009 12:38 PM
Eviction or Trespassing? (by June [PA]) Feb 2, 2009 12:41 PM
Eviction or Trespassing? (by tim [AR]) Feb 2, 2009 1:41 PM
Eviction or Trespassing? (by MJ [SD]) Feb 2, 2009 1:50 PM
Eviction or Trespassing? (by sid [MO]) Feb 2, 2009 2:29 PM
Eviction or Trespassing? (by Opinionated [NC]) Feb 2, 2009 4:27 PM
Eviction or Trespassing? (by Mike45 [NV]) Feb 2, 2009 5:32 PM
Eviction or Trespassing? (by Virden [OH]) Feb 2, 2009 8:29 PM
Eviction or Trespassing? (by billy [MA]) Feb 3, 2009 7:46 AM
Eviction or Trespassing? (by MJ [SD]) Feb 3, 2009 7:56 AM
Eviction or Trespassing? (by MJ [SD]) Posted on: Feb 2, 2009 12:38 PM Message:
State Specific Question About: SOUTH DAKOTA (SD)
I found out 2 weeks ago that my tenant was sent to prison, so she's obviously going to have a hard time paying rent. Her boyfriend, who is not on the lease, is now living there with their 4 kids. As expected, he did not pay rent today. He will be served with a pay or quit this afternoon. Do I even need to go through eviction proceedings, since he's actually trespassing? Do I need to send a pay or quit to the prison also, or will posting it on the property suffice?
Thanks,
MJ --98.232.xxx.xxx |
Eviction or Trespassing? (by June [PA]) Posted on: Feb 2, 2009 12:41 PM Message:
Sadly, you DO have to evict him.
--205.188.xxx.xxx |
Eviction or Trespassing? (by tim [AR]) Posted on: Feb 2, 2009 1:41 PM Message:
I think even in AR you will have to continue with your eviction. Do you know his name? --74.194.xxx.xxx |
Eviction or Trespassing? (by MJ [SD]) Posted on: Feb 2, 2009 1:50 PM Message:
Yes, I know his full name and even his address where he legitimately lives (from snooping in his mail while fixing the toilet). He has another apartment, but he doesn't want to leave because it's only 2 bedrooms and he has 4 kids. At least I won't have to feel bad about making his kids homeless. --98.232.xxx.xxx |
Eviction or Trespassing? (by sid [MO]) Posted on: Feb 2, 2009 2:29 PM Message:
Once you have properly reclaimed possession of the unit from your tenant in prison, then you will have ground for tresspassing. Until then, he is a guest. Welcome to the wonderful world of due process. Do it right or you'll have to stomach not only starting over but probably paying HIM damages! --204.80.xxx.xx |
Eviction or Trespassing? (by Opinionated [NC]) Posted on: Feb 2, 2009 4:27 PM Message:
I suspect that any person invited to the premises by the tenant will not be viewed by the legal system as a trespasser. --66.226.xx.xxx |
Eviction or Trespassing? (by Mike45 [NV]) Posted on: Feb 2, 2009 5:32 PM Message:
Sid is right. This person is NOT a trespasser, but is a guest of the tenant whose right to possess has not yet been terminated.Your Notice To Pay Or Quit needs to be addressed to the tenant, the guest, the four kids and "all others in possession." The UD Complaint should name everyone (including "all others") as well.
--216.175.xxx.xx |
Eviction or Trespassing? (by Virden [OH]) Posted on: Feb 2, 2009 8:29 PM Message:
4 kids = 2 bdrm, dad on the sofa, no problem. Serve the unit with pay or quit, include et al and all other occupants. --99.128.xx.xx |
Eviction or Trespassing? (by billy [MA]) Posted on: Feb 3, 2009 7:46 AM Message:
maybe u can bribe him to leave.maybe a couple of hundred or so.no eviction will be on his record.evictions here are expensive,bribery works sometimes .ask our elected officials.if it doesnt work u better start eviction.did u screen these beauts?police?etc --208.58.x.xx |
Eviction or Trespassing? (by MJ [SD]) Posted on: Feb 3, 2009 7:56 AM Message:
Well, last night he came and paid $720 of the $725 rent, claiming he'd be there by the 5th with the remaining $5. I probably shouldn't have taken it, because I'll just be wondering if I'll get the rent each month, and now I've kind of condoned him being there without being on the lease.
I do like the bribery idea, and I will try it if (no, when) he eventually doesn't pay. :-) --98.232.xxx.xxx |
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