EVICTED TENANT DILEMA
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EVICTED TENANT DILEMA (by NC INVESTOR [NC]) Jan 8, 2018 6:06 PM
       EVICTED TENANT DILEMA (by Jeff [CO]) Jan 8, 2018 6:10 PM
       EVICTED TENANT DILEMA (by Plenty [MO]) Jan 8, 2018 6:14 PM
       EVICTED TENANT DILEMA (by CJ [MO]) Jan 8, 2018 6:18 PM
       EVICTED TENANT DILEMA (by Vee [OH]) Jan 8, 2018 6:35 PM
       EVICTED TENANT DILEMA (by Robin [WI]) Jan 8, 2018 7:33 PM
       EVICTED TENANT DILEMA (by Robin [WI]) Jan 8, 2018 7:41 PM
       EVICTED TENANT DILEMA (by Jeff [CO]) Jan 8, 2018 7:43 PM
       EVICTED TENANT DILEMA (by LAURA [MD]) Jan 8, 2018 8:40 PM
       EVICTED TENANT DILEMA (by NC INVESTOR [NC]) Jan 8, 2018 8:43 PM
       EVICTED TENANT DILEMA (by #22 [MO]) Jan 8, 2018 10:18 PM
       EVICTED TENANT DILEMA (by NC INVESTOR [NC]) Jan 9, 2018 12:01 AM
       EVICTED TENANT DILEMA (by nhsailmaker [NH]) Jan 9, 2018 4:10 AM
       EVICTED TENANT DILEMA (by Tom [FL]) Jan 9, 2018 4:16 AM
       EVICTED TENANT DILEMA (by WMH [NC]) Jan 9, 2018 6:06 AM
       EVICTED TENANT DILEMA (by Jeff [CO]) Jan 9, 2018 6:21 AM
       EVICTED TENANT DILEMA (by CJ [MO]) Jan 9, 2018 9:47 AM
       EVICTED TENANT DILEMA (by CJ [MO]) Jan 9, 2018 9:47 AM
       EVICTED TENANT DILEMA (by CJ [MO]) Jan 9, 2018 9:52 AM
       EVICTED TENANT DILEMA (by WMH [NC]) Jan 9, 2018 10:04 AM
       EVICTED TENANT DILEMA (by CJ [MO]) Jan 9, 2018 10:08 AM
       EVICTED TENANT DILEMA (by WMH [NC]) Jan 9, 2018 11:30 AM
       EVICTED TENANT DILEMA (by NC INVESTOR [NC]) Jan 9, 2018 12:23 PM
       EVICTED TENANT DILEMA (by Don [MO]) Jan 10, 2018 10:55 AM


EVICTED TENANT DILEMA (by NC INVESTOR [NC]) Posted on: Jan 8, 2018 6:06 PM
Message:

I'll try to keep this brief since it is such a convoluted situation. I had two tenants that were in a relationship. Two months after moving in one moves out. The other decides to stay but ends up not affording the rent. I file eviction on both even though one was gone (joint and several liability).

The one that was already out shows up at court and gives a BS sob story to the judge and is removed from the eviction. The one that is still there is a no show. I get the judgement and file a writ. Sheriff moves her out on 12/19.

I no sooner get back from the writ being served when I receive a court order to appear on 1/16 for an appeal filed by the one that was just locked out. Since I'm an LLC I need legal representation at the appeal. She has no case but I can't be a no show.

Today I talk to her and ask her about the appeal She tells me that she filed that on 12/1 hoping to stay through the holiday. I tell her she has no way of winning and she agrees and says tomorrow she will recind the appeal if I'll write a letter of recommendation for her so she can find a property to rent to her. (I had a mouth full of coffee when she says that - it took me 10 minutes to clean up the coffee I almost choked on).

I told her I need to think it over and she said she'd call me in the am. If I say yes she'll go the courthouse in the am and send me a copy of the paperwork. I really don't want to spend $1,000 for the pleasure of spending an hour with my attorney but I don't want to agree with her terms. For one thing as a broker I cannot lie about her status so anything I give her won't help her get a rental. I could say yes and not write her a letter but that would be inherently dishonest. How would you handle this?

--71.75.xx.xx




EVICTED TENANT DILEMA (by Jeff [CO]) Posted on: Jan 8, 2018 6:10 PM
Message:

I would never contact a tenant during litigation, and I sure as hell wouldn't giver her (or anyone) a letter of recommendation. As for her, I wouldn't work with her. Why reward bad behavior?

She caused this mess, not you.

If it were me I would hand it to my eviction lawyer and tell him to handle it. Anything the she owed would then be referred to collections. --76.120.xx.xxx




EVICTED TENANT DILEMA (by Plenty [MO]) Posted on: Jan 8, 2018 6:14 PM
Message:

Don't answer the phone tomorr when it rings. Spend the hour and the $1000. Drink alot of coffee while you are waiting. --66.87.xx.xx




EVICTED TENANT DILEMA (by CJ [MO]) Posted on: Jan 8, 2018 6:18 PM
Message:

Is she collectible? If she goes to court, she will have money judgement against her. --97.91.xxx.xxx




EVICTED TENANT DILEMA (by Vee [OH]) Posted on: Jan 8, 2018 6:35 PM
Message:

I suggest going easy on the coffee, it raises blood pressure and so do tenants, a crummy tenant and extra coffee in the same day is bad idea. --76.188.xxx.xx




EVICTED TENANT DILEMA (by Robin [WI]) Posted on: Jan 8, 2018 7:33 PM
Message:

No, I wouldn't agree to her demands and lie. I have to live with myself. Yes, it stinks that you have to pay a lawyer to show up.

I had a similar experience recently where the tenant didn't show up for the damages hearing and I got the full amount awarded to me. The next day she marched down to the courthouse and filed an appeal, claiming justification as "I left the summons in the moving van" and "retaliatory eviction". I guess evicting someone for nonpayment is retaliation in her book.

This property wasn't in an LLC, but since I live 8 hrs away I paid a lawyer to represent me. It cost $300, which included a half-hour of telephone discussion and whatever time he spent reviewing my documents. She didn't have a chance.

This should be a slam-dunk for a lawyer who specializes in evictions. Why do you think it will cost you $1000?

--204.210.xxx.xxx




EVICTED TENANT DILEMA (by Robin [WI]) Posted on: Jan 8, 2018 7:41 PM
Message:

I had another idea. Agree, and write a truthful letter along these lines:

"Dear LL,

This letter is written at the request of Tenant X upon her rescinding of her eviction appeal. In the three months that she rented from me, she was on time with her rent twice. Once the sheriff removed her belongings, I found the property in excellent condition with only a few fist-sized holes punched in the wall. I would be delighted if you would give her the opportunity to rent from you.

Sincerely,

Mr LL --204.210.xxx.xxx




EVICTED TENANT DILEMA (by Jeff [CO]) Posted on: Jan 8, 2018 7:43 PM
Message:

I have never understood the reluctance to hire a lawyer for legal problems. Landlords will spend all kinds of money on insurance, taxes, repairs, etc., but then balk at paying a lawyer.

This is a business, not a hobby. Legal fees are a tax-deductible business expense just like plumbing repairs.

The old saying about he who acts as his own lawyer contains a lot of truth. I would much rather have a pro handle this kind of stuff than to take a chance and screw it up. I would hate to be right only to lose the case because of a procedural error. This is no place to be cheap.

--76.120.xx.xxx




EVICTED TENANT DILEMA (by LAURA [MD]) Posted on: Jan 8, 2018 8:40 PM
Message:

I would spend the money on the lawyer and consider it the cost of doing business. Doing anything else will bring 'bad karma'. The universe pays attention to how you handle these situations. --108.51.xxx.xxx




EVICTED TENANT DILEMA (by NC INVESTOR [NC]) Posted on: Jan 8, 2018 8:43 PM
Message:

I never hesitate to use my attorney. I am paying her to go back to small claims to have the original decision to exclude the other tenant overturned. No reason she should get off without a blemish on her record. As for the appeal it's not the money it a waste of my time. I can guarantee 100% she is a no show. She already knows the outcome. She's not stupid just morally bankrupt.

I already have a money judgement from the original eviction hearing but I can go back for an additional judgement for items that can't be assessed while they are still occupying the property. Money judgements are filed in small claims court and won't be a factor in District court which is where the appeal hearing is held.

The cost for small claims is $500 which includes filing fees but it doubles for District since that is classified as a trial. Only there won't be a trial since she won't be there.

I guess we are all in agreement. I will not talk to her and I will join my attorney on the 16th. In the interim I'm going to grab another cup of coffee while I type up the letter that Robin so graciously composed for me and send it to her after the hearing as a parting F**U.

--71.75.xx.xx




EVICTED TENANT DILEMA (by #22 [MO]) Posted on: Jan 8, 2018 10:18 PM
Message:

Are you in a one party state for recording calls? If so - get ACR - automatic call recorder. Then talk to your tenant about their efforts to extort you for a letter of recommendation. Then play it for the judge.

Boom. --69.7.xxx.xx




EVICTED TENANT DILEMA (by NC INVESTOR [NC]) Posted on: Jan 9, 2018 12:01 AM
Message:

#22

There are only 11 two party states and NC isn't one of them since it isn't a blue state.

While I didn't think about recording her it did cross my mind that this was classic case of extortion. --71.75.xx.xx




EVICTED TENANT DILEMA (by nhsailmaker [NH]) Posted on: Jan 9, 2018 4:10 AM
Message:

ask her to send you a text or e-mail with exactly what she wants in the letter - ......then produce it for the judge --24.34.xx.xxx




EVICTED TENANT DILEMA (by Tom [FL]) Posted on: Jan 9, 2018 4:16 AM
Message:

WOW F**U - FREAKY ULTIMATUM...

...NCInvestor of NC, Write the Dear John Letter include the factual information about the tenant. Then let the chips fall where they may, she may show, she may not. Let your attorney know about the letter so if she shows up in court and uses the letter against you. He's prepared for it, as well. You don't want him or her to be blind sided by the tenant. Your Honor here's a letter from my Landlord, This Landlord is a LIAR!!! Then tenant goes into her whining lying tenant ways...

...OH your honor I am an up standing tenant, I pay my rent on time, take care of the place. The holes in the walls were there when I moved in. This landlord is crazy I am the BEST THING SINCE SLICED BREAD YOUR HONOR!!!

Vee of OH is spot on Coffee is not good for you and neither is the Deadbeat tenant. Drink some camomile tea, decaf that is and sit in a darken room and close your eyes and relax. Think of a place that makes you feel relaxed and happy.

--99.56.xx.xx




EVICTED TENANT DILEMA (by WMH [NC]) Posted on: Jan 9, 2018 6:06 AM
Message:

NC, I record ALL of my phone calls, even with my husband. That way when he says (or I say) "I told you that..." we can prove to each other who was wrong LOL!

I use a program called "Total Recall." It works great and I can upload important files to the cloud or to gmail or wherever really easily.

If the person calling is from a state that doesn't allow one-party consent (as you said, not many, but NJ comes to mind) I can either hit a red square in middle of my screen and turn it off, or inform them, as any company would do, that we record all calls for "training purposes."

I like the eff u letter. I hate the $1000.

CJ/MO no one is collectible in NC :( Garnishing is not allowed, so even with a judgement it's often impossible to collect until that day in the future when they might actually need credit or to buy a house... --50.82.xxx.xx




EVICTED TENANT DILEMA (by Jeff [CO]) Posted on: Jan 9, 2018 6:21 AM
Message:

WMH, you record all phone calls? You sound a little scary.

And then to say that you can't collect against someone in NC? Fiction.

The North Carolina Department of Labor Web site sums up the state’s garnishment laws: “Under North Carolina law, an employer may be ordered to withhold wages from an employee and pay them to a creditor for the following types of debts: taxes, student loans, child support, alimony, and payment of ambulance services in certain North Carolina counties. However, the courts of North Carolina are not permitted to order an employer to withhold wages for other types of debts such as car loans, credit card debt, and other personal debt items.” --76.120.xx.xxx




EVICTED TENANT DILEMA (by CJ [MO]) Posted on: Jan 9, 2018 9:47 AM
Message:

WMH, What is your "total recall" program? How does it work? Does it work with google voice? --97.91.xxx.xxx




EVICTED TENANT DILEMA (by CJ [MO]) Posted on: Jan 9, 2018 9:47 AM
Message:

WMH, What is your "total recall" program? How does it work? Does it work with google voice? --97.91.xxx.xxx




EVICTED TENANT DILEMA (by CJ [MO]) Posted on: Jan 9, 2018 9:52 AM
Message:

WMH, Is it total recorder? I want to learn to use it too. --97.91.xxx.xxx




EVICTED TENANT DILEMA (by WMH [NC]) Posted on: Jan 9, 2018 10:04 AM
Message:

Jeff/CO, Total Recall records ALL of my calls, I don't initiate it, I don't even think about it until I need it.

It is just there, working silently in the background. It's like security cameras: once they have been up long enough, you don't think about them anymore.

It even records when I call my Voice Mail, so I can easily send Voice Mails to a file.

Just a nice little tool, nothing creepy about it LOL!

And based on what you quoted from NC Law (which I knew about) where does it say an *individual* can collect via garnishment? What did I miss? --50.82.xxx.xx




EVICTED TENANT DILEMA (by CJ [MO]) Posted on: Jan 9, 2018 10:08 AM
Message:

WMH, your total record is cool. Does it work with google voice? What kind of phone to use? --97.91.xxx.xxx




EVICTED TENANT DILEMA (by WMH [NC]) Posted on: Jan 9, 2018 11:30 AM
Message:

I use an Android phone, and yes it records any phone call, incoming or outgoing, including incoming Google Voice calls. Easy to turn off if need be, and easy to save the files.

It's called "Total Recall" and it's free from the App Store. I don't know if it runs on Iphone, hadn't looked. --50.82.xxx.xx




EVICTED TENANT DILEMA (by NC INVESTOR [NC]) Posted on: Jan 9, 2018 12:23 PM
Message:

If I did agree to the letter she wouldn't get it until after court unless it was the F**U version. I'm thinking of saving it as a form letter for future use.

This morning I received a text from her saying she accidentally left a suitcase full of clothes for her young son. I haven't responded. Think I'll let her twist in the wind. But I did call my handyman who is doing a punch list to put the suitcase aside but if she comes by when he's there he is not to let her in and he is not to give her the suitcase.

I don't know how the "holes in the wall" got started but she actually left the place in really good shape. The yard not so much but the interior hardly looks like anyone lived there.

what's up with the coffee hate. every medical study shows it's really good for us...it actually has a lot more health benefits than tea.

--71.75.xx.xx




EVICTED TENANT DILEMA (by Don [MO]) Posted on: Jan 10, 2018 10:55 AM
Message:

Given your last reply, I'd still send thr FU letter but modified. And I'd be sure to only provide it AFTER she's provided proof that the appeal has been dropped. If she tries to sue you because your letter "isn't helpful", I don't think she'd have a leg to stand on -- she's basically committing EXTORTION.

Dear LL,

This letter is written at the request of Tenant X upon her rescinding of her eviction appeal. In the three months that she rented from me, she was on time with her rent twice. Once the sheriff removed her belongings, I found the property in excellent condition inside and with only a $500 in repairs need outside (or whatever your actual number is). I would be delighted if you would give her the opportunity to rent from you. Please feel free to call with any questions.

Sincerely,

NC Investor --216.106.xx.x





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