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What can go wrong? Update in #149


38carrots

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Just a note regarding being told by the bank that the check wouldn't be good...  That bit us one time, we had to have proof of the check being returned.  We had to deposit the check in our account and let it be processed and shown as returned.

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Just a note regarding being told by the bank that the check wouldn't be good...  That bit us one time, we had to have proof of the check being returned.  We had to deposit the check in our account and let it be processed and shown as returned.

 

Yep, thanks. We've done that.

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To the curious souls: We hope to be able to evict on Friday. They haven't paid at all, they don't really care to communicate with us (though are polite and friendly when we come by. Wish us luck!

Ugh, so sorry!! I hope they are gone by Friday at the latest and that they haven't destroyed anything.

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To the curious souls: We hope to be able to evict on Friday. They haven't paid at all, they don't really care to communicate with us (though are polite and friendly when we come by. Wish us luck!

 

Fingers crossed that everything goes smoothly on Friday for you 38carrots!!  :grouphug:

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To the curious souls: We hope to be able to evict on Friday. They haven't paid at all, they don't really care to communicate with us (though are polite and friendly when we come by. Wish us luck!

 

Wishing you luck and hoping it all goes smoothly. We're all supporting you here.  :grouphug:

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To the curious souls: We hope to be able to evict on Friday. They haven't paid at all, they don't really care to communicate with us (though are polite and friendly when we come by. Wish us luck!

:grouphug:  :grouphug:  :grouphug:

 

Keeping you in my thoughts.  I very much hope eviction goes smoothly and the property is in good condition when you get it back.  Best wishes.

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If they do not have full funds tomorrow, do they have to depart immediately? Or do they then have X number of days to vacate?

 

Just thinking it may be prudent to have some authority (ie, LEO) with you when you go over there tomorrow. Also, is there any way for you to arrange to inspect the premises?

 

Sorry for your mess. I'm afraid your dh learned a hard lesson here. Hopefully after tomorrow all will resolve quickly.

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If they do not have full funds tomorrow, do they have to depart immediately? Or do they then have X number of days to vacate?

 

Just thinking it may be prudent to have some authority (ie, LEO) with you when you go over there tomorrow. Also, is there any way for you to arrange to inspect the premises?

 

Sorry for your mess. I'm afraid your dh learned a hard lesson here. Hopefully after tomorrow all will resolve quickly.

In Texas, and probably most states, eviction is a legal process which must go through the courts and necessarily involves the sheriff's department.  The homeowner does not have the legal right to evict someone.  Only the court does.  The sheriff is the authority which enforces the court order of eviction.  Whatever state your home is left in is your issue and problem, at that point.  BTDT.  However, in Texas, the sheriff will not evict without the homeowner present, and the homeowner is the only one who may remove the belongings.  The tenants do not have to help you remove their own belongings, even though they are present illegally.  The sheriff will not remove them.  And you are not allowed to break or damage the belongings.  Also BTDT.

 

To say that the system favors the tenants is a gross understatement.

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Here's hoping you can get them out quickly with little drama!

 

What do they say when you talk to them? I'm so intrigued by people with the mindset that they are owed housing/tampons/etc. because they breathe air.

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To the curious souls: We hope to be able to evict on Friday. They haven't paid at all, they don't really care to communicate with us (though are polite and friendly when we come by. Wish us luck!

 

Oh my lord. Ugh. So sorry.

 

I agree that you can file a claim on them.

 

 

 

 I just don't understand this mindset at all and can't imagine people doing this to someone and smiling at them while doing it.

 

It's more a lack of mindset and a continual self-justification cycle. They probably tell themselves, among other things, that everyone does this because otherwise how could people afford housing?

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I'm interested in how they're acting when you see them also. I just don't understand this mindset at all and can't imagine people doing this to someone and smiling at them while doing it.

 

Many of this type don't bat an eye, 'cause after all, it's a rich landlord.  They don't need the money.  It either "won't hurt them" or "they deserve it."

 

If eviction proceedings were just starting yesterday, it may be quite some time yet before the folks actually have to leave.  Ours had 30 days after we got the legal judgment if I recall correctly, and the legal judgment was some time after filing. It will depend upon the state and state laws.

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I was wondering about this as well. One of our rental situations just ended non-amicably. The tenant is heading to prison, was already months behind on rent, and left us with the utilities in serious arrears, electric turned off. On the upside, we have a replacement tenant who wants to move in this weekend, so at least we aren't dealing with months of vaccancy.

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I would say most of the law, in theory favors the owner. They own the house, they have rights. In theory, if not for laws protecting renters from the whims of unscrupulous landlords, they have all the rights.

 

The reality is, if you know any landlords, you know horror stories of renters.

 

But if you know lots of renters, you might know stories. We announced to our landlord we were moving. She had not raised the rent in years, more than $50 a pop. She just raised it FIVE HUNDRED DOLLARS and she had people driving to her house with sob stories, because it's still that low. What that shows me is that other landlords have been raising the rent by a good $150/month every year, or more--most homes were around $2k, now, less than 6 years later, they are $3k, so yes, that would be about $200/month per year raises.

 

So, landlords who know their rights and who have lawyers DO have rights. And they can most certainly control the situation and they do. When everyone involved is honest, it works out just fine. My landlord has her retirement and inheritance for her kids, well-deserved from her saving and scrupulous and fair property management, and we have our low rent. We have absolutely no problems having done the background checks, paid first and last on time, paying only via automatic deposit through her bank. No problems at all. We are happy with this situation.

 

But the landlord needs to know how to defend those rights. There are loopholes that result from protections from bad landlords, such as people who raise the rent by $500 every six months. And people work them.

 

All these laws are written for the nastiest 2 - 5% of the population. Everyone else could probably survive on good manners and mediation alone!

Wow, I never raise rent on good tenants in residence.  Maybe that policy needs revision, if your landlord could raise it $500 a month and still get applicants.  I can't believe those rental amounts! 

 

The law very much favors tenants, in my view.  What else can you take and not pay for, yet keep for another 30-60 days before it is removed from your possession, but rental housing? 

 

You are right.  If everyone is honest and just does the right thing, it works out well.  I have never evicted anyone in decades, and only had to threaten one time, at which he did finally vacate and even clean the house. 

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If they do not have full funds tomorrow, do they have to depart immediately? Or do they then have X number of days to vacate?

 

Just thinking it may be prudent to have some authority (ie, LEO) with you when you go over there tomorrow. Also, is there any way for you to arrange to inspect the premises?

 

Sorry for your mess. I'm afraid your dh learned a hard lesson here. Hopefully after tomorrow all will resolve quickly.

No.  They can just stay until a Sheriff shows up to pry them out of the house, if they so choose.  Depending on jurisidiction, that can be 30-60 days on which they are living on the landlord's dime, and the landlord can't do anything about it. 

In the old days, you could just show up and throw nonpayers out, but no longer.  They can use your house and even your utilities if they were still on, as long as they can get away with it.   

 

It would be unwise to try to inspect a property with tenants who are being sued in residence.  Not safe.  I'm sure you have seen the damage that unhappy people in foreclosure can cause?  Same thing with tenants who are being evicted.  Of course, it is never their fault, and the mean landlord just has it out for them, according to them.

 

But the judge only cares about one thing:  Did you pay the rent?  If not, you are out, but only when the Sheriff can schedule it.  The Landlord still has to pay to remove tenant stuff.  The Sheriff will not do that.  Then the landlord has to pay to store it for a state-mandated amount of time.

 

The law is heavily weighted in favor of tenants. 

Edited by TranquilMind
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No.  They can just stay until a Sheriff shows up to pry them out of the house, if they so choose.  Depending on jurisidiction, that can be 30-60 days on which they are living on the landlord's dime, and the landlord can't do anything about it. 

In the old days, you could just show up and throw nonpayers out, but no longer.  They can use your house and even your utilities if they were still on, as long as they can get away with it.   

 

It would be unwise to try to inspect a property with tenants who are being sued in residence.  Not safe.  I'm sure you have seen the damage that unhappy people in foreclosure can cause?  Same thing with tenants who are being evicted.  Of course, it is never their fault, and the mean landlord just has it out for them, according to them.

 

But the judge only cares about one thing:  Did you pay the rent?  If not, you are out, but only when the Sheriff can schedule it.  The Landlord still has to pay to remove tenant stuff.  The Sheriff will not do that.  Then the landlord has to pay to store it for a state-mandated amount of time.

 

The law is heavily weighted in favor of tenants. 

 

I don't understand why the landlord has to store their stuff.  Why isn't it considered abandoned property when they chose not to take it with them?  

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I don't understand why the landlord has to store their stuff.  Why isn't it considered abandoned property when they chose not to take it with them?  

Nope.  It is considered their property, except under certain limited situations.  In the eviction situation, sometimes they can't take it with them, but of course, the landlord wants the house back.  The landlord is required to store it here for 30 days and allow the tenant the opportunity to retrieve it, last I checked. 

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Nope.  It is considered their property, except under certain limited situations.  In the eviction situation, sometimes they can't take it with them, but of course, the landlord wants the house back.  The landlord is required to store it here for 30 days and allow the tenant the opportunity to retrieve it, last I checked. 

 

This is true here too.  We were thankful the tenant we had to evict took his stuff with him as otherwise we'd have had to move it into storage AND pay for 30 days.  We thought about storing it here on our farm, but then WE would have been liable for any damages had they happened.  There's no way we could have taken enough pics to prove no damage had occurred - and what if a mouse got in?

 

The law pretty much always favors the tenant and professional rent scammers know it.

 

There's a reason why background checks and rent/security deposit up front are super important.  Things can still go wrong, of course, but those help the odds.

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This is true here too.  We were thankful the tenant we had to evict took his stuff with him as otherwise we'd have had to move it into storage AND pay for 30 days.  We thought about storing it here on our farm, but then WE would have been liable for any damages had they happened.  There's no way we could have taken enough pics to prove no damage had occurred - and what if a mouse got in?

 

The law pretty much always favors the tenant and professional rent scammers know it.

 

There's a reason why background checks and rent/security deposit up front are super important.  Things can still go wrong, of course, but those help the odds.

Exactly.  Overkill on the front end protects us from this sort of result.  If a tenant doesn't pass all five of the tests with flying colors, see ya (Well, more accurately, the tenant "does not meet our requirements. We wish you well in your search for a home."  (Hit send).    Income, Employment, Credit, and Criminal history checks.  And gut check, finally.  If I think something is wrong, it is, and I was warned up front by my gut.  I have learned never to ignore that. 

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I had a nightmare last night about renting out my grandparents' house and I thought of this thread.  Goodness I hope things are going well.  38carrots I'm sorry if you would rather this thread died.  I just really, really am hoping the situation is improving and wanted to send more good vibes your way.  I think a lot of people here care and are just hoping things improve rapidly.

 

Best wishes...

 

 

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