eviction Qs (by small potatoes [NY]) Feb 11, 2019 9:38 PM|
eviction Qs (by Robert J [CA]) Feb 11, 2019 10:39 PM
eviction Qs (by S i d [MO]) Feb 12, 2019 5:17 AM
eviction Qs (by Vee [OH]) Feb 12, 2019 5:50 AM
eviction Qs (by 6x6 [TN]) Feb 12, 2019 7:44 AM
eviction Qs (by Oregon Woodsmoke [ID]) Feb 12, 2019 8:26 AM
eviction Qs (by Nicole [PA]) Feb 12, 2019 10:07 AM
eviction Qs (by small potatoes [NY]) Feb 12, 2019 4:45 PM
eviction Qs (by Ray-N-Pa [PA]) Feb 17, 2019 3:20 PM
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eviction Qs (by small potatoes [NY]) Posted on: Feb 11, 2019 9:38 PM
Where you are what time of day do evictions typically occur?
and how often is the tenant home or not?
If you remove belongings, do you hold them for a period other than 30 days?
Have you asked the tenant for funds owed in exchange for postponing the eviction?
eviction Qs (by Robert J [CA]) Posted on: Feb 11, 2019 10:39 PM
Once you start the process, you just can't stop or accept partial funds. It's all the money owned plus costs or you will go to trial.
In each City the holding requirements are different. Here we have to hold the tenants belongings for a period of 18 to 21 days. If the value is over a curtain amount, we have to advertise in the news paper and conduct an auction. Then deducting the money we are owed and then returning the difference to the tenant or State.
If a tenant won't make partial payments and won't try to get a loan or work extra hours to pay their rent, then they don't care about the roof you provide over their heads. You then will evict them and move on to better tenants.
eviction Qs (by S i d [MO]) Posted on: Feb 12, 2019 5:17 AM
In Missouri, I can accept partial payments up to 1 minute before court and it doesn't stop anything. If they're $1 short, I can still evict. In practice, I won't, but I can if I want to.
Set outs are scheduled with the sheriff's dept. I have some choice in the timing, so I usually go for between 9:00-11:00 AM. That way if they aren't gone, I have time to get in there and get it cleared. I have 1-2 helpers on standby to toss their stuff on the lawn/curb.
My state does not require that I store their stuff. After 24 hours, anything left outside becomes mine to do with as I please. Usually it's been picked over pretty thoroughly by the neighbors by that time, so we just load the junk on a trail and take it to the dump.
Fortunately, my number of set outs are low. Tenant has been home the two times when I've actually had to do set outs. One asked for more time. My response is you've already had almost a month and paid no rent. That gave you plenty of time and money to get a moving truck. Mom and her baby.
It was kind of sad, but if I'd given her time and she didn't leave, I'd have to go back and do it all over again. No. The court gave her ample time: she knew what to do. So we helped haul all the stuff out onto the lawn. 4 hours later they were gone with the best pickings. Guess they didn't need more time after all.
I don't postpone once we've been to court for the same reason I didn't give her more time: we've already reached the breaking point, and if I postpone then I have to do it all over again. A new legal fee, a new court hearing, 3-4 more weeks of waiting, etc.
It's my understanding that the judges in our county do not look kindly on land lords who tie up their schedules by evicting the same tenant more that once.
eviction Qs (by Vee [OH]) Posted on: Feb 12, 2019 5:50 AM
Once I have post the notice they have 3 days to make a full payment, my big city court will not allow partial payments, my state requires a 3 day notice, after that I file and do not look back, there is usually a lot of nonsense calls and texting but I only speak with them once that I will tell the judge the case is settled if the legal cost, court cost, unpaid utilities, late fee and actual rent are paid in certified funds in full, I go to court even if they have paid to maintain my respect for the staff in court.
I operate in different jurisdiction s and each have their own rules with belongings, big city have to hire bonded movers cost about 300 for them to put on tree lawn, West suburb I have to put in storage and the back payments must be paid for storage to release - storage barn checks paperwork from court (tenant often loses all to auction), another suburb is lenient and we move all to curb where it sits till trash day but we have to give the court case number to city service to avoid trash overflow penalty - this helps prevent citizens from filling the curb when regular moving. All in all you need to know your state and local tenant laws well and visit housing court to understand the process and whole cost of evictions, otherwise you hire legal help which is the highest hourly rate we pay.
eviction Qs (by 6x6 [TN]) Posted on: Feb 12, 2019 7:44 AM
That is a sad story but unfortunately it happens.
I think lousy parents use there kids as pawns.
Ultimately the kids pay the price having to go through all of the moves and school changes as I well know. The kids loose all of there friend connections and have to start all over. It is hard to learn that way too as every school is different. You end up lost and felling classes.
You as a business man have to make hard decisions sometimes and do what you have to do.
Some people should not have kids or be allowed to.
You don't get to choose your parents.
You did the right thing I just hope I never have to make that choice.
Small potatoes, I think if you have to do a set out the stuff just gets put to the curve. --73.120.xx.xxx
eviction Qs (by Oregon Woodsmoke [ID]) Posted on: Feb 12, 2019 8:26 AM
Generally, you can not postpone an eviction. You can stop the eviction, but you would have to start all over from square one to get them out if they stay past the extension you give them. If your local court handles it differently, they are unusual.
Early in the procedure, a judge will cancel the proceedings if the tenant comes up with every penny owed, plus court costs and fees, unless you are evicting for something different than rent.
If a tenant backs me into doing an eviction, we are well past second chances. At that point, I want them out. --98.146.xxx.xxx
eviction Qs (by Nicole [PA]) Posted on: Feb 12, 2019 10:07 AM
absolutely state/area specific.
I can accept partial money. If the correct boxes are checked, I can collect ALL the money and they still have to go. I can postpone.
I request 8:00 a.m. - constable always complies.
What to do with their stuff is VERY specific.
For all this, ignore all of us in other states telling you what we do and listen to no one who isn't from New York. --72.70.xxx.xx
eviction Qs (by small potatoes [NY]) Posted on: Feb 12, 2019 4:45 PM
Thanks Nicole, I was just looking to compare procedures and such. By me in NY the sheriff says we can't advise you to put the belongings on the curb, you have to take reasonable care while they are in your possession, and we can't tell you how long to hold on to them (but you have to).
Was also wondering if anyone had experience w/ tenant not being there or not. And if they are does the sheriff keep them out of the apt? I'd rather they move their own stuff.
In NY I didn't realize that the clock starts 72 hours AFTER the sheriff serves the papers. So it is 72 hour period to serve Mon- Sat and then 72 hours (Mon- Sat) for the clock, so really the first possible date is 7 business days after that, and then the sheriff has 20 days if needed. Guess that is why court is on Thursday, give the Sheriff till end of day Saturday to serve, and the clock starts on a Monday (as long as it is not a 'religious' holiday.
The last eviction I won the tenant was out before the sheriff would have come, so I saved some money and the eviction is still on their record. So I was thinking I could (if I wanted) ask the sheriff for a later date when they call, and see if the tenant vacates in the meantime. --24.194.xx.xx
eviction Qs (by Ray-N-Pa [PA]) Posted on: Feb 17, 2019 3:20 PM
Reasonable care is also the standard in PA, problem is there is no description for what reasonable care is.
I think storing something in a metal box outside is reasonable. Its called a dumpster. --72.23.xxx.xx
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