House is not vacant - Posted by Lubasha

Posted by Lubasha on March 25, 2011 at 11:47:52:

I know you are right, and will keep it in mind next time I take legal action myself.

Thank you so much for help.

House is not vacant - Posted by Lubasha

Posted by Lubasha on March 24, 2011 at 07:01:00:

I bought the house at the Tax Deed auction and found that it is not vacant. The former owner does not want to move out and telling me that he will pay the rent, he needs time and so on. He even did not let me in to the property I own! I am on the edge of my budget and my goal is to sell this property ASAP.

How can I get the deadbeat out in situation like this? Any suggestions would be so appreciated!

Re: House is not vacant - Posted by Edwin

Posted by Edwin on March 25, 2011 at 11:38:29:

You said your goal is to sell the property. Have you ever thought that maybe you might have difficulty finding a buyer? I"m been trying to sell a house for three years. I’m renting the house until I find a buyer. I would not be so quick to evict the tenant because a tenant who pays rent might be a better alternative to a vacant house that doesn’t sell. You’re obviously new to all this, so I urge you to think through your options carefully, and to try to have a plan “B” if your plan “A” doesn’t work out.

Ignorance showing - Posted by greengable

Posted by greengable on March 24, 2011 at 14:00:21:

Your not even telling us what state it’s in tells us all that you’re a pretty green investor as WHERE is key to what to do next and how to do it.

Re: House is not vacant - Posted by Lubasha

Posted by Lubasha on March 24, 2011 at 11:31:24:

It is not first time when I buy property on Tax Deed Sale and before I used to find occupants evicted by the city but now city failed to evict them.

I thought maybe someone has experience that could be shared. I am facing this problem first time and I don’t have a clew what should I do at this moment. I call to all directions like sheriff’s office, city, eviction crews and subscribed for legal service but still in nowhere. So now I wish very much to hear if someone familiar exactly with eviction problem after purchase at TDS auction.

Re: House is not vacant - Posted by Jack

Posted by Jack on March 24, 2011 at 11:20:32:

Really, you can’t figure this out?

one word… - Posted by David Krulac

Posted by David Krulac on March 24, 2011 at 07:10:11:


Re: House is not vacant - Posted by Lubasha

Posted by Lubasha on March 25, 2011 at 12:07:33:

Thank you Edwin.

This is my 3rd property within 2 years and so far plan A did work for me. Comps for this property is 73k and my cost BEFORE repairs should come up to 39-40k. Usually I am trying to make a flip first but renovating the house while the time goes. I did not succeed with flip yet but then I list it in MLS myself, saving on selling agent. I don’t have fantastic profit but at a moment my policy is to keep at list one property rolling for quickest turn overs.

To start the process I should buy it right and yes, it is not that easy and no warranty.

Re: Ignorance showing - Posted by Lubasha

Posted by Lubasha on March 24, 2011 at 17:19:50:

Sorry I did not mention here but I am in FL. So far I found with authorities in Courthouse I should file the lawsuit for eviction and that terrifies me completely. I am trying to get back on my feet and figure out what would be my next step.

Would it be good idea to talk to that occupant and see what is his intent? To this time I don’t know if he is going to drug his feet or interested in better solution. Maybe I should try to offer him some money to leave the property by Sunday? I realize if I talk to him I have to have witness.

Re: House is not vacant - Posted by Edwin

Posted by Edwin on March 25, 2011 at 14:39:41:

I like your technique of listing in the MLS yourself. I didn’t know a non-licensed person could do that(I’m assuming you have no license). Why pay a commission to a listing agent? Excellent idea. It’s up to you, but you might consider letting the tenant pay rent while you look for buyer, even discounting the rent in exchange for not grumbling while you do any needed renovations. But it can be hard trying to renovate an occupied house.

Rental Ass’ns - Posted by John Merchant

Posted by John Merchant on March 24, 2011 at 19:59:51:

If you have a local area rental ass’n (landlord’s ass’n)it’ll probably have the forms for FL evictions and you should look into it and what it offers.

Here in State of WA we have a terrific LL Ass’n that’s statewide and has lots of benefits for its members including all rental (and eviction) forms and all WA LLs are recommened to join it.

Good idea to go talk to the tenant but do take a witness, not only to witness the conversation but also for protection should the T get rowdy.

how can she renovate with - Posted by NoseyNeighbor

Posted by NoseyNeighbor on March 25, 2011 at 16:37:08:

the tenant in there?

Re: Rental Ass’ns - Posted by Lubasha

Posted by Lubasha on March 24, 2011 at 22:38:24:


Thank you so much for kind response.

I met the occupant this night with the witness and handled him notice to vacate with today’s date. I gathered it from pieces I found on this site and others. I will drop the copy here, maybe it would be interesting for someone in my situation and I am guessing did I make major cracks in it?


Dear Occupant,

As per legal procedures we should inform you that you are in ?Eviction Status?. It?s possible that you may not know about or understand the ramifications of what it means to be the subject of an eviction proceeding. Below is a list of easy to understand consequences a person will face as a result of a legal eviction:

  1. Eviction Court; Humiliating and a matter of permanent public record.

  2. Dispossession; You will be forcibly removed from the premises - Also humiliating and a matter of permanent public record.

  3. Judgment (s). Your credit rating will be severely damaged. This may also result in

? A collection process for debt incurred until conditions of the eviction are met

? Probable seizure of assets, bank accounts, personal, or household property

? Garnishment of wages

? Notification to credit bureaus causing inability to qualify most credit

? Notification to National Tenant Reporting Services causing inability to qualify for rental housing (Most rentals require credit & tenant screening)

We understand that you have had and are having difficulties paying your financial obligations. We sincerely hope you will be able to resolve any problems you are currently experiencing with the present owner before legal action is set against you.

Please beware that you no longer have any rights to ownership, tenancy, or occupation rights. Once again: YOU NO LONGER HAVE ANY RIGHTS TO THIS PROPERTY, LEGALY OR OTHERWISE.

Please understand that you will be held financially and legally responsible for any and all costs incurred by the current owner(s) and their assigns while you retain the property illegally.


Operating Manager, LLC

Re: how can she renovate with - Posted by Edwin

Posted by Edwin on March 25, 2011 at 17:59:00:

it depends on the type of work needed. It’s not my style to renovate while a tenant is there, but if you really need the cash flow, some tenants are probably willing to tolerate the renovation inconvenience if they get some compensation, that can range from a six pack of beer to reduced rent.

Simpler probably better - Posted by John Merchant

Posted by John Merchant on March 25, 2011 at 10:13:19:

Most lawyers for LL would much prefer the simplest, bare-bones, no explanation NO Eviction as per requirements of state LL/T law.

Any extraneous language (you’d better believe this) is going to be carefully studied by the T’s lawyer to see how to use it against the LL.

Re: how can she renovate with - Posted by DJ-nyc

Posted by DJ-nyc on March 29, 2011 at 11:59:05:

I guess its possible, definitely not practical. To that I say Good luck! :slight_smile: