Evictions in AL (by Roy [AL]) Apr 29, 2012 8:16 AM|
Evictions in AL (by Moshe [CA]) Apr 29, 2012 9:49 AM
Evictions in AL (by Kay [AL]) Apr 29, 2012 11:30 AM
Evictions in AL (by Virden [OH]) Apr 29, 2012 11:45 AM
Evictions in AL (by Roy [AL]) Apr 29, 2012 12:03 PM
Evictions in AL (by BRAD 20,000 [IN]) Apr 29, 2012 1:55 PM
Evictions in AL (by ll [AZ]) Apr 29, 2012 3:04 PM
Evictions in AL (by Reid [KS]) Apr 29, 2012 4:26 PM
Evictions in AL (by Roy [AL]) Apr 29, 2012 5:38 PM
Evictions in AL (by Heather [IL]) Apr 29, 2012 6:33 PM
Evictions in AL (by Roy [AL]) Apr 29, 2012 7:36 PM
Evictions in AL (by Chris [CA]) Apr 30, 2012 4:28 AM
Evictions in AL (by Roy [AL]) Apr 30, 2012 6:16 AM
Evictions in AL (by Reid [KS]) Apr 30, 2012 10:25 AM
Evictions in AL (by Roy [AL]) Apr 30, 2012 11:36 AM
Evictions in AL (by Dave [GA]) May 2, 2012 7:21 AM
Evictions in AL (by Roy [AL]) Posted on: Apr 29, 2012 8:16 AM
In AL or at least in my County, tenant evictions for Non-Payment of Rent generally take a min. of 21 days from beginning to end. There are actually three well-defined
"7-day" time periods involved and it is the last one I am confused about.
The first 7-day 'time-period' involves me posting a 7-Day Pay or Quit notice on the door. If rent is not received or tenant does not move,...then formal eviction papers (Unlawful Detainer) are filed with the clerk's office at the County courthouse. Here the local constable serves eviction papers to the tenant and tenant has another 7-days to answer the summons.
If tenant answers the summons within 7-days, tenant and LL go stand in front of a judge on an assigned future court date. If tenant does not answer the 7-day summons, which is usually what happens,..then after the 2nd 7-day period has expired (day 14 on calendar),..the LL wins by default. A 'Writ of Possession' is issued and signed by a judge. The Writ of Possession is a legal instrument that gives the Constable the legal right to go back to the rental house and physically evict the tenant from the house.
After the Writ of Possesion is signed by the judge, another 7-day 'waiting period' must go by before the Constable can do the physical eviction,...why does this final 7-day period need to be included? What purpose does it serve other than giving the tenant another 7 days of free rent?
On Tuesday, I am hoping to get a Writ of Possesion signed by a judge. I realize I am impatient but this final 7-days of free rent bothers me. --69.244.x.xxx
Evictions in AL (by Moshe [CA]) Posted on: Apr 29, 2012 9:49 AM
My guess is probably so that the evictee has time and opportunity to appeal and/or find another place to live before he will actually be physically removed.
Evictions in AL (by Kay [AL]) Posted on: Apr 29, 2012 11:30 AM
Roy, I use to be able to "bluff" a tenant to move when we could give them 2 ten day notices but now we can't. I feel this change was made to make the state more money since you have lesss time for the "bluff"to work. Also, I found out that if the lease goes into a month-to-month you have to give the tenant a 30 day notice or the Judge can kick it out and you have to start all over. This happened to me recently. --68.191.xxx.xxx
Evictions in AL (by Virden [OH]) Posted on: Apr 29, 2012 11:45 AM
Here the extra days you describe are for the tenant to pack and go - get all friends to help move stuff, if they choose to ignore this last notice then they are out on the street (here this period is 10 days if children), and you change locks and that is the bitter end. --68.76.xxx.x
Evictions in AL (by Roy [AL]) Posted on: Apr 29, 2012 12:03 PM
Kay in AL,
When I first started in 2006, Etowah county had two 7-day eviction time periods. Also, in 2006 Alabama got it very first official Landlord-Tenant laws enacted and the extra 7-day waiting period was added then as I remember. Then in 2007, our then new Mayor started to crack down on all of the slumlords here and created the Rental House Inspection Program ($50.00/unit once a year) which still irritates LL's to this day.
Where are you in AL? --69.244.x.xxx
Evictions in AL (by BRAD 20,000 [IN]) Posted on: Apr 29, 2012 1:55 PM
Roy, Name yourself President of the Etowah County Landlord Assoc. No members needed. Ask the judge if a representative of the assoc (YOU!) could meet with him to help the members understand how to help the court and keep evictions peaceful.
Judge LOVE to talk!
I'd spend time observing in the court room to watch how this plays out in real life. And perhaps even ask the judge in writing to help me understand what he wants in his courtroom.
Is the first notice required to file? Must you prove it was posted?
Our judge incorporated the state required 14 day notice by setting the eviction hearing 14 days from filing. This give the resident the state required notice and nobody can complain.
Look to see if the time periods can overlap in this way.
Overall, 21 days is faster than my court! --50.129.xxx.xxx
Evictions in AL (by ll [AZ]) Posted on: Apr 29, 2012 3:04 PM
Or you can call me for self help eviction and tenant relocation service.
"Have shovel, will travel."
Evictions in AL (by Reid [KS]) Posted on: Apr 29, 2012 4:26 PM
Roy don't let it be free ask for the judge to award you compensation for all of your loses . Then you can collect at your leisure . BTW do you have a copy of the book , available on this site ," Small Claims Court, How to Collect the Money You've Won" By Jim Martin --108.220.xxx.xx
Evictions in AL (by Roy [AL]) Posted on: Apr 29, 2012 5:38 PM
I have no desire to settle this in front of the judge since the judge could easily post-pone the trial for a month if the tenant needed more time to prepare her case!
I prefer to handle this with the constable only who I am now on a first name basis with. Plus, the constable has a secretary who supplies me with 'inside information'. She told me the next time I rent to anyone to call her first and she will check her computer database and see if my current applicant(s) has any "history with the constable's office"!! I will be sending her flowers for that gift from heaven.
LL in AZ,...If the court system fails me and there are no local Godfathers with hands that require kissing,..I will call on you for your 'tenant relocation services'. We don't have a Mojave' desert here, but would a deep river work just as well? --69.244.x.xxx
Evictions in AL (by Heather [IL]) Posted on: Apr 29, 2012 6:33 PM
Roy, you shouldn't be complaining, here in Illinois evictions can take a lot longer than that and the tenant can hire an attorney at your expense to represent them, according to the law the tenant is the victim of the landlord who is getting rich at the tenants expense.
LL AZ, are you for hire? I love your "Self Help Eviction, And Tenant Relocation Service". --64.134.xxx.xxx
Evictions in AL (by Roy [AL]) Posted on: Apr 29, 2012 7:36 PM
I have been on this forum for a couple of years and from reading other's posts,..I can tell you there are several states I would never be LL in,...Illinois or Cook County to be specific is the first one, NY and southern CA are tied for 2nd place, and anywhere Rent Control exist. Rent Control has to be a real drag on a LL who owns/operates rental property in a market where demand far exceeds the supply.
Evictions in AL (by Chris [CA]) Posted on: Apr 30, 2012 4:28 AM
I'm scared stiff by NJ laws!
Good luck with the eviction. Let's hope she won't answer. Adding a monetary judgment on a bad tenant's credit report would be great as that will surely bother them in future! (How come so few LLs check the LL references?!?) --101.108.xxx.xxx
Evictions in AL (by Roy [AL]) Posted on: Apr 30, 2012 6:16 AM
Even if she wants her day in court, I will prevail since I have the facts documented. However the trial could get delayed and she will be allowed to live rent free while the wheels of justice here move ever so slowly. --69.244.x.xxx
Evictions in AL (by Reid [KS]) Posted on: Apr 30, 2012 10:25 AM
Roy if you can get'em out quick, great. Then after they are gone sue in SC and of course ask for the moon . Then you can hound them as a hobby(LOL) --108.220.xxx.xx
Evictions in AL (by Roy [AL]) Posted on: Apr 30, 2012 11:36 AM
Once they are out of the house and gone,..I am done with them,..forever. I have better more productive things to do (like build shooting houses) than to chase after a deadbeat who owes me some back rent. If the back rent was $1,500.00 or more,...hmmm,..I may chase them,...but for my nickel and dime rents,..no way.
In 24 hours, I can call the Constable's office for an update. I am counting the hours now. But I will have to still wait another 7 days for the put-out. --69.244.x.xxx
Evictions in AL (by Dave [GA]) Posted on: May 2, 2012 7:21 AM
It can take that long in Ga also...to actually get them outa the house. --99.16.xxx.xxx