First possession/eviction hearing today/ question inside

8 Replies

I had my first immediate possession/eviction hearing today.

The judge ordered the tenant out by Monday the 21st, and then set a damages hearing for August, tenant wasnt happy of course.

I inspected the place yesterday. No major damages, but all kinds of stuff, random people living there, that werent authorized, carpet, stains, and cleaning needed at the least.

By the time the tenant moves out, they will owe me about 1300 in rent/late fees.

I have a 1k security deposit, that I will be keeping.

Considering it is always hard to recover money from tenants, especially degenerate ones, would it make sense, to offer to the tenant, if the place is cleaned, the keys and garage door opener is left, and all stuff is removed, and you are out by the 21st per the judges order(not by a sheriff the next day) that I will drop the damages hearing?

To me this is a win/win, this saves me the time/money to have a sheriff come out, it gives him an incentive to not put a sledgehammer through walls, or cause damages, and to him, it prevents a judgement on his credit report, it saves him hundreds of dollars in a judgement, and possibly even will prevent, the eviction from coming up on future landlord screens(which is something I don't like, as these type of people and their actions need to be public record).

Thoughts?

"random people living there, that werent authorized"

Forget all the other stuff you just said.

I don't know about in your state but mine in GA you have to file a separate action that says "and all others" when doing the eviction.

This covers all unknown people over 18 years old not on the lease. Otherwise what happens is you go to evict and Marshall shows up to where you throw tenants stuff out where indicated.

Some people are there that are not on the lease. Marshall tells you they can only evict people mentioned on the eviction filing that was granted. Now you have to go through eviction all over again on the people that are still living there. Doesn't matter if you have a lease with you or not they took up residence there. You need to IMMEDIATELY check on the eviction order you were granted to see if it covers other people in the unit not mentioned on the lease or the eviction order.

When we filed in GA it would be about 80 bucks to do ourselves and we mentioned everyone on the lease. Then for another 10 bucks added on "and all others". Then when we were granted eviction all parties would be removed from the unit and we changed locks on all doors right away and secured. If a child is unclaimed in the property 18 years or younger then the Marshall would take them away to get processed for help.

Your state might be different. No legal advice.  

I will check that.

But considering its a writ of possession, commanding me to be put into control of the residence. I can't be in control of the residence with other people there. I have "heard" that when the sheriff comes, everybody goes.

If I'm reading correctly you have 2 things coming up. You have the actual eviction coming up and you have another hearing to get a judgement for any monies the tenant may owe you. I agree about you telling them that you will drop the damages hearing and forgive them of the remainder of the rent that was due if they vacate the property in good condition. I strongly disagree of you trying to save yourself of time and money of having a sherriff come out to do the eviction if they leave anytime before. The sherriff coming and clearing the house will officially give you possession back.

"I have "heard" that when the sheriff comes, everybody goes."

You need to go by the LAW for your state. I don't go by what people say. You need something in writing saying all inhabitants on the lease or not will be evicted.

The writ of possession means nothing in my state. I go in front of the judge and he grants eviction in favor of the landlord. I then pay another 20 bucks for a writ of possession. This transfers the file from the court to the dispossessory office where it is assigned to a Marshall. The Marshall then calls the landlord with a date and time they will be out there to have your crew to throw tenants stuff out.

If I do not have and all others then the Marshall here will only take out those listed on the court filing that were put on from the lease agreement.

Your state might be different than mine. All I am saying is check that step first from the Marshalls and the courts office. Don't go by what other landlords local to you say. Half of them do not even know the correct process. Their wrong advice to you could cost you thousands.

No legal advice.

Per my county. If I go by and he has left, i can enter the premises and do what i need to do.

I don't need the sheriff the come out. He has already been evicted, the question now, is will it be by force or not. If it's by force then I need to send out the move out crew with the sheriff, I am calling this morning to ask your question Joel.

Chris,

I had the eviction hearing yesterday, they granted possession and the tenant out by this coming Monday.

My original question was simply, should i offer to drop the damages, hearing as incentive to clean the place out, and not damage the property, considering this is a deadbeat tenant, that I will have a hard time getting money from, this might be enough leverage for him not to damage the property on his way out?

I confirmed today, that even though the person on the lease, is the one stated in the eviction hearing, when the sheriff comes, everybody goes.

So that brings up the question, should i offer to dismiss the damages hearing, if the place is cleaned up, trash removed, he is out by the 21st and, leaves keys and garage door opener?

Or should I just let the process go, and drive by to see if he is out on the 21st?

I wouldn't let them go, you are going to get stuck cleaning and fixing anyway, even if they leave it broom swept, it's still gonna be a mess and a pain to deal with for you. Get a judgment and ding their credit. If they work, I would try to garnish their wages if you can do that in your state.

Originally posted by @Gabe Gordon:

Per my county. If I go by and he has left, i can enter the premises and do what i need to do.

I don't need the sheriff the come out. He has already been evicted, the question now, is will it be by force or not. If it's by force then I need to send out the move out crew with the sheriff, I am calling this morning to ask your question Joel.

 Sure you may not "need" the sheriff to come out but you definitely want to have them come out and officially evict. The tenant has not been evicted, you just have the order to evict. The eviction happens when the sheriff comes out. If they never come out there is not an eviction and you're gonna have to start all over again on the small chance the tenant pops back up.

Yes absolutely offer to drop the damages hearing and let them know you won't come after them for a money judgement if they leave the house clean, but DO NOT not have the sheriff come out and officially execute the eviction.

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