when to evict?

flipitbig · #1 06-27-2008, 09:12 AM

I have a tenant who was supposed to pay rent on the 15th of June. They stated some things came up, and they would pay me on the 30th of June. I have attempted to contact them this week, and they will not respond.

As it looks, they will not be paying on the 30th which puts them 15 days late.

How soon do you start the eviction process? As this would be potentially my first eviction, what can I expect?

JaredfromIndiana · #2 06-27-2008, 10:09 AM

My father in law has owned apt complexes and single family rentals. He starts the eviction process three days after the rent is due and not paid. I would contact your attorney and start the eviction immediately.

Stevebuyshouses · #3 06-27-2008, 10:50 AM

In Alabama you will have to give a 7 day notice to evict, you will also have to use an attorney for the process due to our new landlord tenant act. It will cost you around $250 to fill the eviction, and most attorney's will charge you about 400-600 depending on the attorney and your connection to them. It will take 2 weeks or so to get in court and at least 7 days after before they will make them move out. If they still refuse in another 7 you can get the sherrif to meet you to remove their stuff. That is the best case timeline with no holidays (like the 4th) involved. My record is 33 days on the short side here and 10 months and counting on the long side!!

Aaron85 · #4 06-27-2008, 01:33 PM

In PA after the 5th day you can post a Pay or Quit notice on the door. It is basically a strong warning stating you are going to be filing for a eviction in XXX day it's like 3 here. It should get there attention. It also states how much it will cost to for the eviction and that they will be responsible for paying it. You should get a call if they really wish to stay

Propertymanager · #5 06-27-2008, 05:21 PM

You've already waited way too long! I post a 3 day notice on their door the morning after the rent is due. On the day after the 3 day notice, I file the eviction in court. Tenants will push you as far as you're willing to go. You've already unnecessarily lost 2 weeks of rent - start the process tomorrow (as dictated by your state law).

I had 2 evictions this month and pushouts. When someone is screwing me out of the rent, I will pull out all the stops to get them to voluntarily leave (push them out). In one case, I had the deadbeats on video and audio from our security system with their drug buddie friends. In the other case, the woman is in a diversion program and I threatened to go see her court officer if she didn't leave. Always listen to your tenants, they like to tell it all and that can be used against them. Learning a lesson from that, always be careful what you say to the tenants.

Just remember this little rhyme: If they don't pay, they don't stay!!!

Good Luck,

Mike

Propertymanager · #6 06-27-2008, 05:28 PM

Ooops, I missed the second part of your post. What to expect? You can expect the deadbeats to show up in court and blame you for being evicted. Typically, the tenant will say that you're a slumlord who doesn't maintain the property. Tenants are tenants because they consistently make the wrong decisions and don't take responsibility for their actions.

Just for fun, you might want to go spend an hour or two at eviction court well before your hearing. It's interesting to watch the mom-and-pop type landlords screw up their evictions because they didn't do their homework. Even more fun is watching each and every deadbeat perjure themselves. It won't take long to see that the landlord is always to blame (by the tenants).

Mike

Stevebuyshouses · #7 06-27-2008, 10:20 PM

One unusual fact about our current version of landlord tenant act is that if the tenant is behind on payments they cannot even argue the old fashioned "he didn't fix the toilet" excuse. If they did not pay then they have to go. If they pay to catch up to the court they can be heard on the landlords lack of care of the property.

I agree with Mike though go to court and check it out first.

Propertymanager · #8 06-28-2008, 05:41 AM

Quote:

One unusual fact about our current version of landlord tenant act is that if the tenant is behind on payments they cannot even argue the old fashioned "he didn't fix the toilet" excuse.

That's a great law. Here in Ohio, they make every excuse in the book - usually that the landlord is a slumlord. The magistrate sits patiently waiting for the tenant to make their excuses and then tells them that none of that matters and evicts them. However, it's always frustrating to listen to their lies (and my lawyer doesn't want me to respond since it's not pertinent)! I would love to see the courts prosecute these people for perjury, but I found out long ago that perjury is the norm in court. Almost every deadbeat perjures himself in court.

It's funny how "I spent the rent money on crack" (the truth) can translate into "the landlord didn't fix a leaky faucet" in court, ESPECIALLY WHEN THE FAUCET ISN'T LEAKING! BTW, in Ohio, the tenant can pay their rent to the court if the landlord won't fix things, but that never happens because there isn''t anything to fix. When the tenant has spent the rent on crack or a motorcycle, then they can't pay the rent anywhere because they don't have it.

Mike

flipitbig · #9 06-30-2008, 12:01 PM

OK, consulted with my attorney last week and he drafted a notice of rent due/notice to vacate property. Certified mail this to the couple at both of their work addresses and home address. The mail runs early here (as the wife of the tenant works next door to me). Within minutes of getting the notice they called me up and I had cash in my hand for rent that was past due.

I know now that if rent isnt paid the day its due, have my attorney send out another letter and start the process. Cheaper than waiting.

Thanks for all of your advice.

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