Eviction - Sending a message or let it go?

Question

I recently took over a building and am in the process of evicting a few of the previous owners tenants. They havent paid rent in 3 months and todays the day we see them in court.

Before we walk in though, my lawyer asks me, "Whats your bottom line, are you willing to just let them get out of the property without going to trial and trying to recoup lost rent?"

I said I want to go to trial. Heres why.

This building is occupied by a bunch of tenants who are either related or are friends with each other. I realize that chasing after the outstanding rent is a exercise in futility when it boils down to it, but I think that its important that we send a clear message to the deadbeat tenant and the other tenants, that we are not to be trifled with. And that if you dont pay we will go after you with the full extent of the law. After all, evictions are literally the only weapon we have against these kinds of tenants in state that are really leniant towards the tenant and not the landlord. So its important that everything is recorded so that they can't do this to someone else in the future.

On the flip side, the loss rent and legal expenses are piling up, so the financial side of me wants to let it slide. But to me its more than about the money, its the principle.

Thoughts?

Randy E. · Answer

@Samson Kay, the principle is not the key thing.  The most important reason for filing for eviction is to have the tenant removed, forcibly by law enforcement if necessary, from your property.  Short of getting an eviction judgment in court, I don't know of any other way to have a legal eviction done.  Therefore, to ensure these deadbeat tenants exit your property as soon as legally possible, you must follow through with the court ordered eviction process.

If you quit at the courthouse door just because your lawyer convinced the tenants to sign a document saying they will move out by the end of the month, what happens at the end of the month when the tenants do not move?  Yep, you have to begin the legal eviction process all over again.  Since you've come this far already, I see no reason to stop.

Besides, speaking of principle, while you may never receive a dime from the tenants, it's nice to know that any future landlord to whom the tenants apply will be able to easily discover what kind of deadbeat tenants they are.

Follow through!

David Kirchhoff · Answer

judgements and worthless paper here in NY. That's why I try to only rent to people with a strong W2 I can garnish.

Robert M. · Answer

been there done that. I made the decision that I live by rules, others should also. It cost me $6000 in damages in one property and a $6000 judgement in another that is being paid off at $200 /month. My personal values cost me money,  but losing them costs the civilization we live in more.

There are consequences to decisions.

good luck

Randy E. · Answer

David, in NC it works the same way.  However, winning a money judgment doesn't do anything to actually get you money if the tenant doesn't willingly pay.  In NC, a landlord has to take the judgment from landlord/tenant court and file a civil case for that amount.  Only then will the court system start doing anything to help the landlord collect.

David Kirchhoff · Answer

not sure how the laws work in Mass. but here in NY. I am awarded possession and the money judgment at the same hearing. I'm also sure to have the warrant of eviction already prepared so the judge can sign it then and there. I then run it directly to the sheriff office. I have to run these issues to ground. these types of people haven't lived up to their end of the deal that's why you're in court to begin with.... what makes you think they'll start now? I never take anyones word "oh i'll be out the day of court" nah, you'll be out when the sheriff advises you to get packin. !!

Randy E. · Answer

It's possible I misunderstood.  This statement:

Before we walk in though, my lawyer asks me, "Whats your bottom line,  are you willing to just let them get out of the property without going  to trial and trying to recoup lost rent?"

The "are you willing to just let them get out of the property without going to trial" made me think he was considering abandoning the eviction trial.  Now, I see he may have been talking about abandoning the subsequent monetary judgment trial.

If he has already completed the eviction trial, I personally don't chase after every dime owed me by a deadbeat evicted tenant.  It doesn't seem like a valuable use of my time.  But I understand other landlords may feel differently.  There's no right or wrong answer to that one.

Michael Rogers · Answer

Personally, I'd just focus on getting them out of the building and not incur additional legal fees with a trial to get a judgment that you will never collect.

I think the current tenants will see that you evict non-payers and that will motivate the good ones to pay. The bad ones will leave or be evicted over the coming months as you implement new systems. The important thing is to have a good screening process and get good tenants going forward and remove the bad ones as quickly as legally possible.

As much as the idea of a settlement may feel like it will teach them a lesson, it probably won't and you will only incur stress and bills. As landlords, we never win in court.  there are only degrees of losing. :)

Joe Bertolino · Answer

If they have forced you to this point... you might as well follow through.  You won't get any money back from them but getting it on record is important for the reasons that have been mentioned.    I believe that we are treated the way we allow ourselves to be treated.   The other tenants will know and you are doing a favor to future landlords that would be screwed over by these people.

Cinthya Jones · Answer

@RandyE It looks like he is going to court for the eviction. He's asking whether it's worth it to fight to recoup lost rent from the prior months.

@SamsonKay I can see your point about sending a message. I could see that it would make current tenants stand up and take notice. I wonder if these initial evictions would be just as effective of an action. If they really are the people you described, they may not really care about having a judgment against them. Getting them out of your property and refilling the vacancy with better-screened tenants is probably a better use of your resources.

Eviction - Sending a message or let it go?

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