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  • Retired Landlord/Author
  • Commerce Township, MI
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Landlord Evicting Soldier Story

Account Closed
  • Retired Landlord/Author
  • Commerce Township, MI
Posted Dec 15 2014, 03:36

Isn't it amazing that right off the bat, without hearing the other side of the story we are quick to judge the Landlord and see him as the Dastardly Landlord.

I am a strict conservative and my son enlisted in the army three times and was awarded the Audie Murphy Award.  So I have nothing but great respect for our military men. 

What we don't seem to see in between the lines of this story, (I haven't read it, just heard bits and pieces of it), is that it takes time to evict someone.  The Soldier just didn't come home, and the landlord tossed them out into the streets just like that!  We should know better than this being landlords ourselves! 

It takes time to evict for non payment of rent or a termination of tenancy.    Court dates take time to hear our cases as it is.    Time to plead the case, Court time for tenant to evict, and then a Writ of Restitution to remove the tenant from the premises if they do not leave. The tenant can postpone, claim hardship, claim repairs not made, and delay the eviction process for up to 6 months.  

Pregnancy, babies, holidays, the court takes into consideration all of this, and usually will not evict or remove someone until AFTER THE HOLIDAYS. So there is something fishy about this story.  (I started an eviction in September on one occasion and it took until the middle of January to get her out because of all the above reasons)

If the woman and her child were actually evicted, actually removed from the premises, it didn't happen over night.  It took at least two months to get them out, depending on the state.  The woman had to be way behind in rent, or be a health hazard to be removed immediately.  This is just a good Scrooge around Christmas time story. 

Why are we so quick to Judge our fellow landlords and sympathize with the media instead of standing up for our fellow investors/landlords when it comes to these matters?

The landlord is also trying to make ends meet.  Has a family, I 'm sure.  Christmas, and bills to pay.  So because we have a pregnant  woman, and a soldier to be respected, the landlord must put his own families needs aside because of what others may think of him because he also needs his pay check.  

How would you feel if your boss decided to take your paycheck and give it to a needy person because they felt that you didn't need your paycheck, but the needy person needed it more.  Would that be okay?  Would you mind if the Media did a story on you if you objected and said, hey I worked hard for that money.  I need it too.  I care about the needy people, but I need the money too.  I can't afford to give it to that needy person right now.  It Christmas!

Our rents are our income!  It pays our bills.  

So unless we have absolute evidence that the Landlord was a real S.O.B., and just had to evict that soldier, because he just plain simply loves to be mean, then I will stand with everyone and say he should be ashamed of himself.  But somehow I don't feel that is the case, because as I said, it takes months to get a tenant out of your rental units.  And, quite frankly, I'm tired of the media, the courts and even fellow landlords bashing other landlords who are just trying to make a living like everyone else.  

So, until I hear the full story, I stick with what I have written here today! 

Nancy Neville

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  • Retired Landlord/Author
  • Commerce Township, MI
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Account Closed
  • Retired Landlord/Author
  • Commerce Township, MI
Replied Dec 15 2014, 04:05

Okay so I read the full story, the landlord is doing nothing but issuing NOTICES.  No eviction has taken place, just telling them the rules and what will take place.  No eviction as of date.  No kicking them out into the cold cold streets on Christmas Day.

A landlord can't do anything unless we send a NOTICE or give a NOTICE.  

"Bolt said his wife is a Clemson University student and new mom. He fears she could be evicted"    Note:  Could be evicted, not that they were being evicted!!!!

Do you know that it is considered discrimination if you allow an exception to one person or family and not another?  

Here is the warning-not a kicking out at the moment..

"Bolt said the landlord at The Groves apartment complex in Central told him he had overstayed, saying visitors are not allowed to stay in the apartments past seven days, per the agreement signed by Bolt’s wife, Lily." 

To avoid discrimination the notice had to be given.  Landlords face many lawsuits.  There are many things we don't like having to do, but the courts force us to do them.

The Soldier says the landlord threatened to press charges and double his wife's rent if he stayed....

"Since Bolt’s name is not on the lease, even though he is a spouse visiting, the landlord said he is not allowed to stay. Bolt said the landlord threatened to press charges and double his wife’s rent if he stayed."    

Do you think the Landlord would have threatened this unless they were giving him a hard time about it?

Look, to the news media, it is a story!  They tell only what they want us to believe.  They don't go into detail about why the landlord did this or said that.  But surely, we as landlords, know the law, and what we have to do to avoid discimination lawsuits, and that in order to even get an eviction, a NOTICE must be given.

So I stand by my posts.

Nancy Neville

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Kyle Hipp
  • Investor
  • Appleton, WI
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Kyle Hipp
  • Investor
  • Appleton, WI
Replied Dec 15 2014, 04:39

from what I understand it was shared housing so the lady with child was living/renting out a 1 bedroom and sharing common areas with 2-3 other folks. I would guess that he other residents complained about not getting sleep with a newborn in the suite and with nothing able to be done on that. The landlord needed to take action when hubby moved in while on leave causing a lease violation. I believe he had to respond to complaints not discovered this new his own domain decided to make an issue about it...

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Account Closed
  • Retired Landlord/Author
  • Commerce Township, MI
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Account Closed
  • Retired Landlord/Author
  • Commerce Township, MI
Replied Dec 15 2014, 05:13

When a tenant applies for my rentals they list how many people will be living in the rental unit with them.   If this soldier and his wife had applied for the rental home together,  they both would have been on the lease. 

If the solider was over seas or not there, then the wife would have told the landlord this information and the soldier, her husband, would have been listed as an OCCUPANT. 

Therefore, I wonder if the Soldier truly is her husband?  Or, just a boyfriend?  Is he the Father?  We don't know.  But if the Soldier was truly a significant other, he would have been on the lease in some capacity. 

Nancy Neville

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Paul Ewing
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  • Boyd, TX
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Paul Ewing
  • Investor
  • Boyd, TX
Replied Dec 15 2014, 06:11

If it was student housing I am not sure she would have been able rent in the first place if he was not also a student.  We would need to see the full rules for the complex and know what type of apartment she is in.

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Richard C.
  • Bedford, NH
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Richard C.
  • Bedford, NH
Replied Dec 15 2014, 06:15
Originally posted by @Account Closed:

When a tenant applies for my rentals they list how many people will be living in the rental unit with them.   If this soldier and his wife had applied for the rental home together,  they both would have been on the lease. 

If the solider was over seas or not there, then the wife would have told the landlord this information and the soldier, her husband, would have been listed as an OCCUPANT. 

Therefore, I wonder if the Soldier truly is her husband?  Or, just a boyfriend?  Is he the Father?  We don't know.  But if the Soldier was truly a significant other, he would have been on the lease in some capacity. 

Nancy Neville

 You're speculating every bit as much as you are accusing everyone else of doing.

Soldiers don't get months of leave.  

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  • Retired Landlord/Author
  • Commerce Township, MI
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Account Closed
  • Retired Landlord/Author
  • Commerce Township, MI
Replied Dec 15 2014, 06:28

What has months of leave have to do with anything.  If the  soldier is part of the family, he will be residing in the unit at some point in time.  Either for a day, a month, a week, a year.  Therefore the woman would have included him in her life on the lease as someone who will eventually be with her, so that the landlord would expect it. 

The normal response when an applicant applies and has a significant other, is to include them on the lease.  

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Richard C.
  • Bedford, NH
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Richard C.
  • Bedford, NH
Replied Dec 15 2014, 07:15
Originally posted by @Account Closed:

What has months of leave have to do with anything.  If the  soldier is part of the family, he will be residing in the unit at some point in time.  Either for a day, a month, a week, a year.  Therefore the woman would have included him in her life on the lease as someone who will eventually be with her, so that the landlord would expect it. 

The normal response when an applicant applies and has a significant other, is to include them on the lease.  

 Have you seen the lease?  If not, you have no way of knowing that.  What is good for the goose is good for the gander.

I say that the landlord was an idiot.  Public relations is part of the business, and he has done about as a bad a job as can be done at that part of the business.

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  • Retired Landlord/Author
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Account Closed
  • Retired Landlord/Author
  • Commerce Township, MI
Replied Dec 15 2014, 07:23

If the soldier's name is on the lease as a tenant or as an occupant than the landlord is wrong.

If the soldier was never mentioned as a significant other in any way or stated to the landlord at any time that he may be visiting there or residing there with her, then the Soldier and the family is wrong.

This is not a personal issue.  It is a legal issue.  

Too many people today, violate each others rights  by assuming they know ALL THE  facts. 

What I'm stating is WE DO NOT HAVE THE FACTS.  Therefore we cannot assume anything.  

I'm just laying out the facts that may be evident in this case (maybe not- we don't know) for others to view and weigh instead of judging the landlord on facts they do not have.  

Nancy Neville

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Aly W.
  • Investor
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Aly W.
  • Investor
  • Middletown, NJ
Replied Dec 15 2014, 07:57
Originally posted by @Account Closed:

Why are we so quick to Judge our fellow landlords and sympathize with the media instead of standing up for our fellow investors/landlords when it comes to these matters?

The landlord is also trying to make ends meet.  Has a family, I 'm sure.  Christmas, and bills to pay.  So because we have a pregnant  woman, and a soldier to be respected, the landlord must put his own families needs aside because of what others may think of him because he also needs his pay check.  

How would you feel if your boss decided to take your paycheck and give it to a needy person because they felt that you didn't need your paycheck, but the needy person needed it more.  Would that be okay?  Would you mind if the Media did a story on you if you objected and said, hey I worked hard for that money.  I need it too.  I care about the needy people, but I need the money too.  I can't afford to give it to that needy person right now.  It Christmas!

Our rents are our income!  It pays our bills.  

So unless we have absolute evidence that the Landlord was a real S.O.B., and just had to evict that soldier, because he just plain simply loves to be mean, then I will stand with everyone and say he should be ashamed of himself.  But somehow I don't feel that is the case, because as I said, it takes months to get a tenant out of your rental units.  And, quite frankly, I'm tired of the media, the courts and even fellow landlords bashing other landlords who are just trying to make a living like everyone else.  

So, until I hear the full story, I stick with what I have written here today! 

Nancy Neville

I would vote for this post multiple times if I could!