second time eviction
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second time eviction (by Flora [VA]) Apr 8, 2019 2:00 PM
       second time eviction (by Shawn [CO]) Apr 8, 2019 2:30 PM
       second time eviction (by JKJ [MA]) Apr 8, 2019 3:22 PM
       second time eviction (by Landlord ofthe Flies [TX]) Apr 8, 2019 3:29 PM
       second time eviction (by Barbara [VA]) Apr 8, 2019 3:50 PM
       second time eviction (by flora [VA]) Apr 8, 2019 5:41 PM
       second time eviction (by JKJ [MA]) Apr 8, 2019 5:53 PM
       second time eviction (by Flora [VA]) Apr 8, 2019 5:57 PM
       second time eviction (by Hoosier [IN]) Apr 8, 2019 6:28 PM
       second time eviction (by Barbara [VA]) Apr 9, 2019 2:55 AM
       second time eviction (by myob [GA]) Apr 9, 2019 3:19 AM
       second time eviction (by DJ [VA]) Apr 9, 2019 4:26 AM
       second time eviction (by elliot [RI]) Apr 9, 2019 4:39 AM
       second time eviction (by Barbara [VA]) Apr 9, 2019 4:56 AM
       second time eviction (by Pat [VA]) Apr 9, 2019 8:29 AM
       second time eviction (by myob [GA]) Apr 9, 2019 9:16 AM
       second time eviction (by Vee [OH]) Apr 9, 2019 9:39 AM
       second time eviction (by Robin [WI]) Apr 9, 2019 3:47 PM
       second time eviction (by Flora [VA]) Apr 9, 2019 5:42 PM
       second time eviction (by Flora [VA]) Apr 9, 2019 5:42 PM
       second time eviction (by Flora [VA]) Apr 9, 2019 5:42 PM

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second time eviction (by Flora [VA]) Posted on: Apr 8, 2019 2:00 PM
Message:

I got a judgement and eviction, but tenant suddenly pay me April's rent. If this tenant owe me May rent again, could I postpone this same eviction from court to May?

Thanks.

--141.156.xxx.xxx




second time eviction (by Shawn [CO]) Posted on: Apr 8, 2019 2:30 PM
Message:

Have to double check the laws in your state, but I believe as soon as you accept payment, it hits the reset button. --9.105.xxx.xx




second time eviction (by JKJ [MA]) Posted on: Apr 8, 2019 3:22 PM
Message:

Why would you give them another chance? You had to go to court and get an eviction once, why on earth would you accept rent again after you had to evicted them, so you can do it again in May or June, move on and find a better tenant. --71.248.xxx.xxx




second time eviction (by Landlord ofthe Flies [TX]) Posted on: Apr 8, 2019 3:29 PM
Message:

You can't sue for for wrongs that haven't happened yet.

If we could, imagine all the precrime lawsuits troll lawyers would dish out. --108.69.xxx.xxx




second time eviction (by Barbara [VA]) Posted on: Apr 8, 2019 3:50 PM
Message:

In virginia you have up to 1 year to execute the eviction. I love it when this happens as I can then get them out quicker next time owing less money. Here is how I would handle it.

May 1st if you have not received rent send your pay or quit notice out and make sure it says all rent accepted with reservations. Then may 6 go to the court and file your writ of possession. Or, work with them until it's convenient for you to file the writ of possession. Your are now in a position with the upper hand for up to 1 year. --174.255.xxx.xxx




second time eviction (by flora [VA]) Posted on: Apr 8, 2019 5:41 PM
Message:

I sued tenant for Feb. and March rent, got a judgement.

then tenant pays Feb. rent and Fish pays March rent now.

How could I refuse 2 months rent? So, I accepted 2 month rent.

but I worry it will happen again on April or May, so my old sue still working on the same tenant for upper one year?!

Great VA law! Thank you to tell me this good news, Barbara !

--141.156.xxx.xxx




second time eviction (by JKJ [MA]) Posted on: Apr 8, 2019 5:53 PM
Message:

Wish it was like that in MA --71.248.xxx.xxx




second time eviction (by Flora [VA]) Posted on: Apr 8, 2019 5:57 PM
Message:

Barbara:

How about unlawful detainer(VA)? could I postpone it to May also if tenant not pay rent again? because Fairfax court will call me 10 days from now.

Thanks. --141.156.xxx.xxx




second time eviction (by Hoosier [IN]) Posted on: Apr 8, 2019 6:28 PM
Message:

Not sure of your state law, but in Indiana as long as you don't cash/deposit the check it's not considered paid. I would have just held the check and completed the eviction.

By cashing the check you've introduced confusion into the process. --99.92.xxx.xxx




second time eviction (by Barbara [VA]) Posted on: Apr 9, 2019 2:55 AM
Message:

Flora, did you immediately file a writ of possession after the judge granted you judgement and possession for your unlawful detainer? If yes, you can cancel and refile at your convenience. If not, just file it when your ready. Generally the sheriff only calls after it has been filed. Generally the judge will grant tenant 10 day's to move out if immediate possession is not requested by landlord. That means if tenant isn't out in 10 days you then go back to court and file your writ of possession. Unlawful detainers don't automatically come with the writ of possession/sheriff lockout. --174.255.xxx.xxx




second time eviction (by myob [GA]) Posted on: Apr 9, 2019 3:19 AM
Message:

Taking rent and eviction very tricky. If you filed for non pay and don't have a consent agreement from court the process is to next file for the Writ of Possession. Here in GA you must swear -- in order to get the Writ issued -- that you have not accepted ANY MONEY. Key word ANY. If you did you have to start over. If the tenant showed up in court and you have a consent agreement with them to make payments with a schedule and they have missed any of those payments you can now file the Writ with the stipulation that the agreed to consent with tenant and judge has been violated.

As most here know we accept payment -- even as where setting out stuff. Our business is RENTING out and collecting rent.

--99.203.xx.xxx




second time eviction (by DJ [VA]) Posted on: Apr 9, 2019 4:26 AM
Message:

Barbara - that's good info.

Also - read LL/Tenant laws where it talks about accepting payment "with Reservation"

VRLTA 55-248.34:1. Landlord's acceptance of rent with reservation --68.10.xxx.x




second time eviction (by elliot [RI]) Posted on: Apr 9, 2019 4:39 AM
Message:

In my place, its called non-waiver.. you can only do it before the judgement is issued.. If you accept money after judgement, it construes negotiating a new lease..

--71.232.xxx.xxx




second time eviction (by Barbara [VA]) Posted on: Apr 9, 2019 4:56 AM
Message:

Thank you DJ for reminding me of the "accepting rent with reservation" that phrase should be included in all your notices as well as lease. I use pre-made notices and that have it in there automatically so forgot to mention it.

--174.255.xxx.xxx




second time eviction (by Pat [VA]) Posted on: Apr 9, 2019 8:29 AM
Message:

Good info Barbara. Thanks for the reminder/update. When we are fortunate enough not to have to file unlawful detainer, it is easy to forget just what the law is in Va.

We had one last year, out of 20 rentals, that isn't bad, but we just wanted him out and I'm glad he's gone! --71.219.xx.xxx




second time eviction (by myob [GA]) Posted on: Apr 9, 2019 9:16 AM
Message:

Hoosier IN -- you sure about that? OR is this legend from a LL?

Here if you don't return it right away-- well you have accepted it. You can't even say I was going to bring it to court and give it back. --99.103.xxx.xxx




second time eviction (by Vee [OH]) Posted on: Apr 9, 2019 9:39 AM
Message:

Don't forget to add in all the related costs of going to court, best to check now for damages and get paid for that in the next rent cycle, there may not be enough left to pay the rent.

--107.218.xx.xxx




second time eviction (by Robin [WI]) Posted on: Apr 9, 2019 3:47 PM
Message:

It's nine days into April. If rent was due on the 1st and you haven't gotten it, proceed with the eviction. --204.210.xxx.xxx




second time eviction (by Flora [VA]) Posted on: Apr 9, 2019 5:42 PM
Message:

You will not believe this:

Why this tenant pay Feb. rent to me? because she apply Fish helping to pay March rent, said she be sued by landlord, so Fish will help her one month rent, I did say if you and Fish can pay me two month rents, why we go to court? She said have to go to court! Fish want to see court's judgement, then pay me. and Fish required me to write an agreement about allowed her can still my unit on April, then they pay 2 month's rent.

So, I agreed not eviction her on April, and get 2 month's rent.

I got a judgement with my lawyer on court(3-29-19), I asked her why she did not show up at court time, she said she was there, but she went to bathroom. Anyway that is not important.

after court time, my lawyer bring me to next room get unlawful detainer proceeding. paid $25.

I just get a call today from court sheriff asking me about 4-23-19

do move out everything of this tenant. I cancell it, because I already wrote an agreement, and I will reset it on May, If she did not pay me April rent, I agreed she will pay 3 times of April rent. so far, I did not see any rent yet ! I just wait what will happen on April, then go to court get eviction again on May !

--141.156.xxx.xxx




second time eviction (by Flora [VA]) Posted on: Apr 9, 2019 5:42 PM
Message:

You will not believe this:

Why this tenant pay Feb. rent to me? because she apply Fish helping to pay March rent, said she be sued by landlord, so Fish will help her one month rent, I did say if you and Fish can pay me two month rents, why we go to court? She said have to go to court! Fish want to see court's judgement, then pay me. and Fish required me to write an agreement about allowed her can still my unit on April, then they pay 2 month's rent.

So, I agreed not eviction her on April, and get 2 month's rent.

I got a judgement with my lawyer on court(3-29-19), I asked her why she did not show up at court time, she said she was there, but she went to bathroom. Anyway that is not important.

after court time, my lawyer bring me to next room get unlawful detainer proceeding. paid $25.

I just get a call today from court sheriff asking me about 4-23-19

do move out everything of this tenant. I cancell it, because I already wrote an agreement, and I will reset it on May, If she did not pay me April rent, I agreed she will pay 3 times of April rent. so far, I did not see any rent yet ! I just wait what will happen on April, then go to court get eviction again on May !

--141.156.xxx.xxx




second time eviction (by Flora [VA]) Posted on: Apr 9, 2019 5:42 PM
Message:

You will not believe this:

Why this tenant pay Feb. rent to me? because she apply Fish helping to pay March rent, said she be sued by landlord, so Fish will help her one month rent, I did say if you and Fish can pay me two month rents, why we go to court? She said have to go to court! Fish want to see court's judgement, then pay me. and Fish required me to write an agreement about allowed her can still my unit on April, then they pay 2 month's rent.

So, I agreed not eviction her on April, and get 2 month's rent.

I got a judgement with my lawyer on court(3-29-19), I asked her why she did not show up at court time, she said she was there, but she went to bathroom. Anyway that is not important.

after court time, my lawyer bring me to next room get unlawful detainer proceeding. paid $25.

I just get a call today from court sheriff asking me about 4-23-19

do move out everything of this tenant. I cancell it, because I already wrote an agreement, and I will reset it on May, If she did not pay me April rent, I agreed she will pay 3 times of April rent. so far, I did not see any rent yet ! I just wait what will happen on April, then go to court get eviction again on May !

--141.156.xxx.xxx



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