Evicting Tenants - Posted by JPR


#1

Posted by Mark Ottinger on March 05, 1999 at 23:22:37:

I agree with Hank. If you can avoid an eviction do so. I just went through my first one about 3 weeks ago,by time I was finished it cost me somewhere around $500 and about 2.5 months.Keep this in mind when you say to yourself “There is no way in hell I am going to let this person out of their back rent”.If you do decide to evict please do yourself a big favor. On your first one HIRE AN ATTORNEY! My attorney costs were $200 and worth every penny.If your tenant has been evictided before or knows someone who has then they will have a big advantage over you. They will know the system and how it works.God forbid on your first one you show up in court without a lawyer and your tenant has one. An eviction is not about saving or making money it’s about cutting your losses. Start the proceedings NOW!
Don’t let feelings got in the way of a logical business decision. My guess is that your mortgage company doesn’t care how nice of a person your are or how much work you have put into your house. If you don’t pay that mortgage they will take your house. One final thought: remember if they can’t pay one month’s rent how are they possibility going to find the 3 or 4 months they now owe. Sorry if I rambled but I just went through exactly what you are going through now. I have learned from the many mistakes I have made in the past.


#2

Evicting Tenants - Posted by JPR

Posted by JPR on March 05, 1999 at 17:39:20:

I 've run into a bad suituation with a tenant. I am currently renting a house to a tenant that has been in the house for about 2 yrs. I have been very flexible because they have done alot of improvements to the property. They have fallen behind & are beginning to brake promises to pay. I am going to evict because they can’t afford to get behind. I have never had to deal with an eviction. Please advise on the process. What should I do?


#3

Two Thoughts … - Posted by HankM

Posted by HankM on March 05, 1999 at 18:55:20:

Pay them to leave … yes it hurts to do that, but giving a moving credit and hiring the moving van is a non-threatening olive branch to say “let me help you” … it helps you tremendously as well; it happens quick, they don’t trash the place and you move on.

Thought two: state and municipal law plays heavily in an eviction … you need to see a lawyer the first time (more often if needed). Generally speaking, you need to file a “3 day (or 5 day) notice”, then a demand to pay or vacate … and then “whatever the city or state says you have to do”. That’s why you need a lawyer. It gets even worse if you’ve given them an option to buy and they have improved the property … now you may have an equitable interest issue to deal with.

Try number 1, be prepared for number 2.

Hank