Serial Evictions (by Ambriel [GA]) Jan 11, 2017 10:22 AM
Serial Evictions (by Jim in O C [CA]) Jan 11, 2017 10:29 AM
Serial Evictions (by Gail K [GA]) Jan 11, 2017 10:58 AM
Serial Evictions (by Barbara [VA]) Jan 11, 2017 11:05 AM
Serial Evictions (by Mike45 [NV]) Jan 11, 2017 11:26 AM
Serial Evictions (by Robert,Ontario,Can [ON]) Jan 11, 2017 12:32 PM
Serial Evictions (by Plenty [MO]) Jan 11, 2017 2:43 PM
Serial Evictions (by Kyle [IN]) Jan 11, 2017 7:44 PM
Serial Evictions (by Janet [KY]) Jan 11, 2017 9:00 PM
Serial Evictions (by Gail K [GA]) Jan 12, 2017 1:04 AM
Serial Evictions (by Ray-N-Pa [PA]) Jan 12, 2017 5:39 AM
Serial Evictions (by R [OH]) Jan 12, 2017 9:13 AM
Serial Evictions (by Ernie GA/ [IN]) Jan 14, 2017 12:12 PM
Serial Evictions (by Neal [TX]) Jan 15, 2017 9:58 AM
Serial Evictions (by Ambriel [GA]) Jan 15, 2017 10:19 AM
Serial Evictions (by Ambriel [GA]) Posted on: Jan 11, 2017 10:22 AM Message:
State Specific Question About: GEORGIA (GA)
Hi All, I am a armature landlord who is initiating my first eviction.
Long story short, I have learned the tenant I am evicting has been evicted 7 times. I learned this through a background report, which I obviously should have ran before I let her move in.
Any tips or hints?
She definitely doesn't appear to be afraid to go to court and she texted me she would do so because the property is "not up to date". I'm not sure what that means, but all the appliances are in good working condition. She is obviously a pro at this. I realize I am about to get royally stiffed by her, but I was wondering in anyone knows any ins and outs that are not are in all the general publications online.
BIG THANKS! All info welcome! --204.46.xxx.xx |
Serial Evictions (by Jim in O C [CA]) Posted on: Jan 11, 2017 10:29 AM Message:
Hire an evection attorney. Eviction is not a do it yourself task unless you're extremely well-versed in your local laws. --108.196.xxx.xx |
Serial Evictions (by Gail K [GA]) Posted on: Jan 11, 2017 10:58 AM Message:
What is your reason for the eviction?
If it is due to failure to pay rent I wouldn't worry about this one bit. Georgia tends to be a very landlord friendly state and honestly, there's little excuse a tenant can give for not paying rent.
Keep in mind that Georgia does allow a one time tenant "forgiveness" for owing rent IF they show up to the hearing with ALL the rent money plus any late fees AND the court costs (in cash).
If her excuse for not paying rent is that the property is "not up to date" the judge is likely to tell her that she doesn't have to worry; she'll be out of the rental unit soon anyway.
Just as an aside; your local law enforcement that handles the notices regarding dispossessories often has this information online. In my county the Marshals Service does this. That's where I check first when I get an application.
Gail --73.20.xxx.xxx |
Serial Evictions (by Barbara [VA]) Posted on: Jan 11, 2017 11:05 AM Message:
My biggest tip at this moment is to pretend your a seasoned pro. There are tenants out there who can smell fear a mile away and will take advantage of that fear.
We have all been to this at one point. Your not alone. --68.107.xxx.x |
Serial Evictions (by Mike45 [NV]) Posted on: Jan 11, 2017 11:26 AM Message:
If you are in one of the cities or large towns, consider posting that info here on the Forum, asking the GA landlords here for a referral to a good eviction attorney.
Call your local court and ask when/where evictions are handled. Go to court at that time and sit in the audience, observing. Maybe do this a couple of times. Get familiar with the court's procedure, and see which attorneys are there handling multiple cases. See which attorneys seem competent, are friendly with the clerks, and are respected by the judge. Ask any good attorneys for their business card.
It is possible that your tenant will raise the question of "habitability" -- oversimplified, if the place is not habitable, you cannot collect rent, and you cannot evict for non-payment of rent. But "not up to date" is not a defense to non-payment of rent!
--71.2.xx.xxx |
Serial Evictions (by Robert,Ontario,Can [ON]) Posted on: Jan 11, 2017 12:32 PM Message:
Basically the rental unit does not have to be up to date but conform to the minimum building and fire codes which does not involve retrofit but building and fire codes when the house or building codes was built. Minimum standards means to lose or missing plaster. No unpainted plaster or drywall. No lose or missing floor tiles. The paint colour or tiles do not have to match just conform to the requirements. The roof can leak or water enter from outside. All the locks including the bathroom door must lock. All the plumbing, heating and water heating must work. There can be no missing light switch covers or exposed electrical where one can touch live electrical. As long as there is no building or fire code violations with a building or fire inspector then the rental unit passes minimum standards. Suggest to contact a landlords association where there are listings on this site or Google to find one near the rental. Document any repairs or renovations done to the rental unit. In future never allow anyone without a thorough credit check on all adult applicants no exceptions. That will mitigate problem tenants who have no problem living in a never ending eviction cycle to maximize free rent. Once out look at garnishing wages. If there is damage then can get another judgement for cleaning and damages with small claims court. A lot of rental housing are reluctant to join a landlords association but once they join they remain members. The cost is worth a thousand times over or can learn from the school of hard knocks. At the hearing ask the tenant if there any building or fire code violations then ask her to prove with documents then the eviction goes through. --74.220.xxx.xxx |
Serial Evictions (by Plenty [MO]) Posted on: Jan 11, 2017 2:43 PM Message:
HIRE this out.
that removes yourself from the drama.
Remember you are running your business. So for any comments like your received ... think to yourself SO and if you have to text back, just just one letter... k ... don't say any thing else. Just the letter K. Or better yet do not respond, I know it's hard. Just let them talk to themselves... you are running your business and your business is YOUR business and this is how it's down,,, they are not in-charge. And don't' tell them your rights or what you are doing, or that they are wrong or anything... the asnwer is SO (think to yourself) and if can not resist... K... the only letter you need. Gather some other LL's for lunch and support. --184.206.xx.xxx |
Serial Evictions (by Kyle [IN]) Posted on: Jan 11, 2017 7:44 PM Message:
Look through the other case records. Did she get extra time? Or does she just get evicted a lot? Some people have methods to extend eviction, some just know how long the normal process takes and count on having that time after they stop paying and start looking for the next inexperience landlord. If you see she has a usual method to extend the process, come prepared to fight that.
I would recommend an attorney for this case. You may be able to handle your own evictions in the future, but for your first case and against an experienced tenant, the attorney fees will be worth it to make sure this is taken care of properly and you can learn from what your attorney does. Like Mike45 recommended, go to court and observe the process and scout potential attorneys to represent you.
Good luck. --68.38.xxx.xx |
Serial Evictions (by Janet [KY]) Posted on: Jan 11, 2017 9:00 PM Message:
For this gal I would hire an attorney. Your house
being "not up to date" means she is about to try to
say your house has health issues ect in order to
get her money or something. Don't do this eviction
alone. Let him send the eviction notice and have
zero contact with this person. Let all contact be
with the attorney. Otherwise she will be saying in
court he said, this he said that...blah, blah. --74.236.xxx.xxx |
Serial Evictions (by Gail K [GA]) Posted on: Jan 12, 2017 1:04 AM Message:
Ambriel
It's not unusual that deadbeats who "know the system" will respond to the notice from the court that you have filed against her NOT because she knows she will win if the reason for the dispossessory is due to failure to pay rent but because it often buys her more time to reside in your rental unit for free as one waits for the date of the court hearing.
In Georgia the tenant undergoing this is SUPPOSED to put their rent in escrow with the court. In truth I've never had one do that; they just remain parked in my rental for free as the date of the hearing rolls around.
They know the ultimate ending; they're just enjoying the free stay in the meantime.
It is a good idea to attend Magistrates Court to see how these hearings go (you can call the Clerk of Court in your area to learn when and where these are held). You'll realize that judges tend to hear all sorts of excuses from tenants facing evictions and typically don't buy many of the reasons since they've "heard it all".
Gail --73.20.xxx.xxx |
Serial Evictions (by Ray-N-Pa [PA]) Posted on: Jan 12, 2017 5:39 AM Message:
You are in a mine field with a pro......hire yourself some help now.
Later - pay for the tenant screenings before you allow anyone to move in. The tenant screening is where you will make money. --24.239.xx.xxx |
Serial Evictions (by R [OH]) Posted on: Jan 12, 2017 9:13 AM Message:
Hi Ambriel,
Since she has been evicted 7 times she will fail again. If you don't have a full time job you might want to go to court to listen to other cases to decide if you want to hire an attorney. I don't know how much money you have or how much it costs in GA. Look up the eviction process in GA. Find a Real Estate Investors Association in your town. I don't know your court or your laws but do some research and see what you can learn. Good luck. --12.47.xx.xx |
Serial Evictions (by Ernie GA/ [IN]) Posted on: Jan 14, 2017 12:12 PM Message:
Ambreial,
I have only been a landlord for 40 years but a have learned a few things along the way about the Dispossessory game.
I would never hire an attorney for the process in Georgia.
I would be willing to explain over the phone the methods that I use to get the deadbeats out of the property without the 7-day writ of destruction...commonly called the 7-day writ of possession.
ate one too ate ate three nine seven hundred --108.228.xx.xxx |
Serial Evictions (by Neal [TX]) Posted on: Jan 15, 2017 9:58 AM Message:
Go to your public library and look for "Landlord legal guide in Georgia ". It's not available on Amazon, but your public library may have a old reference copy.
Or go with NOLO landlord legal guide, go to bookstore, library or Amazon.
I would do whatever it says, if she doesn't pay the rent by the 5 th. Email her pay or quit notice and text it to her and send it by certified mail. Go check with the local courts, where the evict the non paying tenant by your zip code. Keep tenant informed, like,your eviction process has been started at Honable court of so and so and date is this, due to non payment. --216.4.xx.xxx |
Serial Evictions (by Ambriel [GA]) Posted on: Jan 15, 2017 10:19 AM Message:
BIG THANKS for all the helpful advise. I really appreciate it. You guys are awesome. This is a great site.
I have been researching and pretty much have a CIA style file on her now for being a serial deadbeat tenant, among a few other things.
I consulted a lawyer, as well, and started getting my ducks in line file the eviction.
She paid, literally in the last hour on day 3.
Lesson learned: Spend the money to run the background and credit check on the front end. No exceptions.
'
--50.192.xx.xx |
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