I went to court today for my first eviction. My wife and I own 3 SFHs that we rent out. This particular house was rented by a guy in the navy. His wife left him and he trashed the house and left. I have published some of the pics before. I was suing for 1953 in rents and fees.

Anyways, when my case was called before the bench, the Navy guy didnt show. The judge told me I would have to get a Guardian Ad Litem to represent the sailor's interest because of the Soldiers Sailors Civil Relief. They gave me a list of names and postponed my case until March.

I called one of the names and the price actually surprised me. They charge just over 100 dollars. I give them the info on the Navy Guy, and they, on behalf of the court, notify him and his command about the next court date. Then they notify the Judge in the case that they did their part.

If he doesnt show up at the next court date, it is my understanding that I will get the judgement.

Here is the part that I am not sure about. He was only 9 months in on a 2 year lease. If my property is empty for another month, do I ammend the suit to claim the additional month that the unit was empty? There were damages that exceeded the security deposit. Do I try to recoup those costs now?

Since I dont realistically know when some one is going to move in, shoud I wait the day before my case to adjust the amount?

How is it usually done?

I'm In your past post you said you already "evicted" this guy. Now you say he's gone? What usually happens is there are two part: 1) you get the eviction and he has to leave the premises 2) you go after a money judgment.

I was unaware that Service Relief act would give him a 4 month postponement on part 2. I have been in the armed forces 21+ years and this guy is crap for stuffing you. I'd make it my "mission" for the next 3 month to ensure his commanding officer knows what kinds of shenanigans this guy pulled.

I hate these situations because they are a shame on military behavior. We also are prior military and we rent to military also. We've heard about this but never experienced it. If this guy was an officer--you complain to his commanding officer--that info shd be on your appliction. If he was enlisted--you complain to his Top Sergeant.

I have never read the whole act, but to my knowledge it addresses the situation of a mil member getting out of a lease due to the military posting him to a new assignment. Or he gets representation if taken to court if he is OVERSEAS. It does not absolve him of his responsibility to pay his bills or abscond leaving damage. Doesn't sound like this was done correctly.

Also, sounds to me like he is having some mental problems because of his family situation, and his damages to property. (??) Seen a lot of this. Military get a lot of job pressure, high levels of expectation, a lot of rules to obey and when the home falls apart too, they sometimes go crazy. Sorry this happened to you.

Patrick,

#1 Gotta know YOUR judge. Every judge is different. Get to your local LL assoc and ask for advice from other LLs who are familiar with court. Ask your court if they have a FAQ type pamphlet for guidance.

My lease is clear: the last month is a full month. We don't charge by the day. *I* charge rent and late fees to the end of the month he moved out, AND an Early Release Fee for liquidated damages.

March: court calendars get full. If you told the judge the res is out this March date is probably your financial damages hearing.

Eviction judges seldom honor the length of the lease. Sure you can ask but don't be disappointed when it's not granted.

Is he out? Take 100 photos and work up what he owes for rent,, fees, repairs, minus deposit. Be certain to mail this certified within YOUR state's deadline or you lose your claim.

A simple call to his Commanding Officer might clear this up in a heartbeat.

I don't worry about this reflecting on the military. People are people, even when they wear a uniform. People's lives are messy.

YOUR job is to get the home cleaned and re-rented a quickly as possible to replace the cash flow.

Bill at full full retail, $35 per hour for repairs. COurt will never raise your claim, only chop it down so start high.

I always include the phrase "Much of this cost could have easily been done by the resident for free." If you leave a mess for ME to clean up you are gonna pay me dearly to clean up after you. I am notchomama!

BRAD

I have to ask------ have you even read the soldiers and sailors act concerning rentals? If this tenant / military person has not followed protocol (and it sounds like NOT) follow the act.

Story: we do not lease to officers. here's why. We had 3 officers rent from us. A stipulation of the soldiers act is if the military person is transferred they can get out of the lease. They must show orders. OK so far. These 3 left after only 3 months with orders. The base was 4 miles away from the house. Their orders said to report to BASE HOUSING. So I called up the base commander wanting some answers and he said well we have some empty places and transferred them. They have their orders.

Patrick you can email his command and his name and I will gladly talk to his Chief, Chief to Chief........I can make sure the Chief knows that there is no good outcome for not cooperating with you

Old Retired Senior Chief sends