 put out (by 6x6 [TN]) Dec 8, 2018 4:12 PM
 put out (by Moshe [CA]) Dec 8, 2018 5:06 PM
put out (by MikeA [TX]) Dec 8, 2018 8:48 PM
put out (by George [IL]) Dec 9, 2018 5:54 AM
put out (by Still Learning [NH]) Dec 9, 2018 5:55 AM
put out (by 6x6 [TN]) Dec 9, 2018 3:01 PM
put out (by BRAD 20,000 [IN]) Dec 9, 2018 3:28 PM
put out (by MikeA [TX]) Dec 9, 2018 7:04 PM
put out (by BRAD 20,000 [IN]) Dec 11, 2018 9:08 PM
put out (by BRAD 20,000 [IN]) Dec 11, 2018 9:55 PM
put out (by 6x6 [TN]) Dec 12, 2018 3:03 PM
put out (by 6x6 [TN]) Posted on: Dec 8, 2018 4:12 PM
Message:
Is a put-out the same thing as an eviction? What about a notice to quit,I think it was called,is that the same? If not,what is the difference between the three? Thank you all for your time.
--73.120.xx.xxx |
put out (by Moshe [CA]) Posted on: Dec 8, 2018 5:06 PM
Message:
" Is a put-out the same thing as an eviction? "
NO.
Eviction is a lawsuit by a landlord intended to result in a judgement by the court that a tenants' right to possess the property is terminated, and an order from the court to law enforcement to physically remove the tenant and his belongings. The physical removal of tenants' belongings is sometimes called 'put out'.
Most if not all states require that a tenant be notified that he is legally required to leave (quit) the premises, before an eviction lawsuit can be filed.
--47.139.xx.xxx |
put out (by MikeA [TX]) Posted on: Dec 8, 2018 8:48 PM
Message:
It is a process that is somewhat different in each state. In TX it looks like this:
Tenant violates lease, lets say didn't pay rent.
I post the "Cure or Quit Notice" on the door or hand it to them. The notice includes the legally required 3 days to correct the situation by either Cure=pay or Quit=move out.
After 3 days I file a suit at the Justice of the Peace and write a check.
The JP then schedules the hearing and has the Sheriff provide the Tenant a summons to appear at the scheduled time. Usually the hearing is within 7 days of when I file.
The court date happens and I win possession. Here you have to go to small claims court to get a judgement for back rent and damages, that is a whole other process so I will leave it at that.
Next the JP tells the Sheriff to proceed with returning possession to me. The Sheriff will again visit the tenant and give them a date to move out, usually 3 days.
On that date I meet the Sheriff at the house and if they are still there he supervises all tenant belongings being moved to the curb. He then notifies me that I have possession and I change the locks.
It takes about 2 weeks here from posting the notice to getting possession back. --50.26.xx.xxx |
put out (by George [IL]) Posted on: Dec 9, 2018 5:54 AM
Message:
2 weeks?? damm.... must be nice!! --99.92.xx.xx |
put out (by Still Learning [NH]) Posted on: Dec 9, 2018 5:55 AM
Message:
Mike that is quick. Just went through my first eviction this summer. Filed a 7 day and a 30 day since it was due to behavior and safety. There were dates to cure, appeal times, possession was awarded, sheriff lockout and then you still have to hold belongings for 7 days. All in all, I think the 7 day took about 5-6 weeks. --24.61.xxx.xx |
put out (by 6x6 [TN]) Posted on: Dec 9, 2018 3:01 PM
Message:
I have heard some people in Tennessee talk about judge giving tenants 30 more days. Some people have said the tenant could end up with two or three free months by the time it is all said and done. Hope i'm wrong about that! --73.120.xx.xxx |
put out (by BRAD 20,000 [IN]) Posted on: Dec 9, 2018 3:28 PM
Message:
PS You'll never look at a roach the same again!
BRAD --73.102.xxx.xxx |
put out (by MikeA [TX]) Posted on: Dec 9, 2018 7:04 PM
Message:
Yes it is quick here, the down side is that you can not garnish wages in Texas so the system is set to limit the damage by a non-paying tenant rather than stick them with a garnishment like many states.
Our only recourse on back rent is to get a judgement in small claims and then ding their credit hoping they want to buy a house later. In 30 years, only once have I collected on a judgement and that was when I petitioned against a small inheritance that I found out about in time. --50.26.xx.xxx |
put out (by BRAD 20,000 [IN]) Posted on: Dec 11, 2018 9:08 PM
Message:
Haha! Sorry! That roach commemt was for the movie Joe’s Apartmemt.
BRAD --73.102.xxx.xxx |
put out (by BRAD 20,000 [IN]) Posted on: Dec 11, 2018 9:55 PM
Message:
6er,
This is very state specific.
MY state’s process is a court order to vacate. If they don’t vacate the judge calls them back into court. If they still refuse the sheriff will come and keep the peace while we do a lock out. Technically I have to store their stuff for 30 days. We just deliver it to their new address or their granny amd add the cost to their bill.
In my 41 years and hundreds of evictions we’ve only had one reach lock out stage.
BRAD --73.102.xxx.xxx |
put out (by 6x6 [TN]) Posted on: Dec 12, 2018 3:03 PM
Message:
Brad,thank you for the information. That is a lot of evictions! Glad you only had one lock out stage. I was wondering about the roach thing,ha ha!! --73.120.xx.xxx |
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