Posted by Marty (MO) on April 08, 2006 at 24:20:37:
well done!
Legal eviction or just throw stuff out? - Posted by Eddie-Mi
Posted by Eddie-Mi on April 07, 2006 at 13:58:35:
Since end of February- a lease option tenant abandoned my unit. He has put about 6,000 dollars into this late model unit that was previously a trashed out bank repo needing carpet, floors, paint, etc. Long story short- he took off and several hundred miles away and left a snow plow truck and a home filled with furniture, electronics, clothes, etc.
I have never done an eviction in this county and it is a long distance property. Should I toss his stuff and change locks or is it prudent to hire attorney? I believe one of his reasons for leaving was legal troubles- so i doubt he would contest anything.
Re: Legal eviction or just throw stuff out? - Posted by Joel (MI)
Posted by Joel (MI) on April 12, 2006 at 05:46:47:
I do these once in a while here in west michigan. File for your court date, which will take app. 2 weeks and cost about $75 including cost. Go to court judge will give 10 days. Apply for writ after 10 days. Sheriff or other court personel will post writ, and standby while belongings go to the curb for 24 hours and then can be disposed of. This has been my experience in 2 of the counties I do business in. In MI there is no time frame for abandonement of property with regards to housing, unless you can get them in writing to abandon the property. I found this out the hard way through litigation. Ouch, that hurt.
Don’t throw it out! - Posted by Bill (in GA)
Posted by Bill (in GA) on April 08, 2006 at 12:07:54:
When you have your legal situation straightened out, please call me, I can likely sell your suddenly gotten gains on consignment.
I’m an ebay powerseller (beansbeansbeansbeansbeans), and am funnelling some of those proceeds into what will soon become my MH biz.
Email me your phone number, let’s chat!
- Bill (in GA)
Re: Legal eviction or just throw stuff out? - Posted by Daphne Lowe
Posted by Daphne Lowe on April 08, 2006 at 08:25:59:
Fortunately, most folks who abandon or get evicted just move on, never to be heard from again. Unfortunately, those who choose to make themselves a nuisance can do so regardless of whether you’ve done things legally. I’m going through that process right now. After an unusually lengthy eviction process, the former resident files a criminal suit alleging theft by taking (with deputy sheriff present, we put their stuff to the curb and it disappeared). Frivolous lawsuit it may be, but everyone is entitled to their day in court. So it will cost us time and money, and there’s nothing we can do about it. Fortunately, this is the exception not the rule.
Daphne
You’re Kidding Right. - Posted by Tony Colella
Posted by Tony Colella on April 07, 2006 at 21:13:42:
Eddie, all kidding aside. I do realize you are an investor of good sense so allow me to appeal to that good sense for a sec.
In my area (and using very high numbers) you could not only have total absolution of liability but also the dumpster rented and paid for (all for well under $400).
Here is how it plays out in my area.
First the big picture. The guy did $6,000 of work in addition to the money he paid you (whatever that comes to) and it will cost you (in my area) about $85 to file eviction (summary complaint) paperwork with the courts and have the sheriff drive out and it (post it to the door in this case).
Less than 10 days later we have court (which few tenants ever show up for). I get possession (but not judgement unless they are physically served or appear in court). Ten days after that I pay another (trying to recall the price but lets say a high of…) $80 bucks for the sheriff to come out and serve the Writ of Possesion which means he meets me at the property and physically removes the tenant (who is no longer there in your case) from the property. I change the locks while he watches). I wait ten more days (storing their belongings in the home) then I hire a dumpster ($200 or less for a ten yard dumpster in my area).
In out and done via court authority for less than $400.
Let’s face it, we would pay that much for insurance for things that may happen and we never get to use!
In your case, you chose to do this deal long distance so add attorney fees if you need to or fly out but $6k plus payments to get this home back? Heck what do you think you could sell if for now?
No question in my opinion. Do it legal and move on without the risk.
Tony
this is how we do it in MO… - Posted by Marty (MO)
Posted by Marty (MO) on April 07, 2006 at 15:41:32:
if someone isn’t paying, we send the late letter- if they don’t bring payments current, we pull up with a locksmith, change the locks, and post a sign that the home’s been repo’d and any trespassers will be prosecuted. We let the people set up an appointment to get their belongings. We pay someone to babysit while they get their belongings (to make sure they don’t take any more liberties with our property). If we have a signed poa, we go to the dmv and the title’s immediately applied for. If we don’t have a poa, we initiate a repo title application, which takes a couple weeks longer.
When we know we’re going to repo a property, we send certified mail to strengthen our paperwork.
We keep the abandoned loot that we want. I’m in the process of acquiring an abandoned vehicle title on a really nice 16 foot utility trailer that was left on a lot one of our homes was on. The state requires copies of your attempts to contact the owners and your attempts must be by certified mail.
It’s a pain in the butt, but it gets easier.
Check the laws in MI, but I’m sure they have stuff on the books for this.
Congratulations!
Marty
Re: Legal eviction or just throw stuff out? - Posted by JeffB (MI)
Posted by JeffB (MI) on April 07, 2006 at 14:37:42:
That sounds like a “best case scenario” you’ve got yourself there! Much improved home, free stuff, and a truck!
Seriously though, I’ll be curious to see responses to this… but my own gut feel would be to do some research on the topic or consult an attorney.
Re: Legal eviction or just throw stuff out? - Posted by Tony Colella
Posted by Tony Colella on April 09, 2006 at 10:22:06:
As they say, anyone can sue anyone. This suit is frivolous because you went through the proper channels and filed for legal eviction. You have protected yourself as best you can and in all likelihood the tenant will either not even show up for their own case or will be made to look the fool for doing so. Quite often I think they are simply trying to gain some iota of revenge by suing in the hopes that doing so will scare you. They realize their case is weak and just want the shock factor. If they still believe they have a strong case then the courts tend to set them straight if all was done according to law.
Had you taken the self help eviction process or just hauled in a dumpster without first gaining legal possession through the courts, your case may not be so good.
We cannot prevent people from suing us but we can limit our exposure to true liability just as you did.
Tony
Re: Legal eviction or just throw stuff out? - Posted by Marty (MO)
Posted by Marty (MO) on April 09, 2006 at 08:24:25:
I figured you’d just be using the “intimidating biker chick” routine and scaring 'em out the park with your speed triple!
hehehe
Marty
Re: this is how we do it in MO… - Posted by Michael(KCMO)
Posted by Michael(KCMO) on April 07, 2006 at 23:13:33:
Just to clarify on Marty’s post . . . this is all according to Missouri law, written into the sales contract & upheld by the courts. Marty isn’t out skirting the law or using strong-arm tactics that could get him in trouble.
Not trying to step on your turf, Marty, I just didn’t want anyone rushing out to do the same thing not knowing the framework you work in.
Regards,
Michael(KCMO)
P.S.
I’ve been informed that KS has similar statutes. Good news to know as I was not previously aware of that. I would guess that at least some other states do too. In our area it’s referred to as “Contractual Reposession” or “Non-judicial Reposession.” Might be a good thing to look into to see if your state has something similar. It’s quicker even than an eviction!
oh, just rub it in Mr. sMartypants - Posted by Steve-WA
Posted by Steve-WA on April 07, 2006 at 17:57:48:
nonjudicial repossession envy have i
;-)3
wedding album (snark)
Re: Legal eviction or just throw stuff out? - Posted by Michael(KCMO)
Posted by Michael(KCMO) on April 07, 2006 at 15:48:40:
I would DEFINITELY consult an attorney. Even w/o consulting one I would lean heavily toward following the proper process. I’ve dealt w/ this in my area (although all they left was the trash they didn’t want) and when I can’t get them to cooperate I follow the proper process and CMA.
Remember, w/o following the process and giving proper notices, etc they can always come back later and say you threw away grandma’s 4 carat diamand family heirloom worth $500,000 that they had hidden in a pile of trash. I prefer to err on the side of safety in cases like this when I can’t garner their cooperation.
Regards,
Michael(KCMO)
Re: Legal eviction or just throw stuff out? - Posted by Daphne Lowe
Posted by Daphne Lowe on April 09, 2006 at 21:42:34:
I’m way to meek to intimidate anybody!
They’ve just turned out to be real pests. And firebugs at that… 'course I can’t prove anything.
Daphne