EVICTION FINALLY for Horrible Renters

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EVICTION FINALLY for Horrible Renters

Anthony Newbold
Investor · Bedford, IN · Member since 2015 · 69 posts · 29 votes

Hello All, been a member of BP for quite some time now, but rarely participate.  However, need some folks to chime in on this one.  Have a renter, attempted eviction last year (6 months arrears), court ordered tax checks to me, but when it didn't happen agreed to $150 extra/mo for 60 months.  Now that has been quit and another 3 months non-payment (total of 9) and filed eviction in May..... kept going to court since then but the moratorium tied the hands of the judge..... then granted EVICTION ,,,,,  and must vacate 09-11-2020.

I have ideas..... as I am pissed now, besides being broken financially by this property.  After this CDC garbage, I believe I will show up to my property, and instead of changing the locks, I will hire my contractor to remove all doors in the house and the toilet.

Your thoughts~!!

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Jay HinrichsBusiness Member
Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
6y

this was done in the old days.. today its a good way to get in a bunch of trouble.

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  • Jon K.
    Rental Property Investor · Perry Hall, MD · Member since 2016 · 588 posts · 599 votes
    6y

    I'm confused. You're finally able to evict a tenant after an extended period of not being able to due to covid and you're going to remove doors and the toilet? What's the point of that?

    Is this your only rental property? You sound like this bad experience has somewhat broken your will to continue as an investor. I'm guessing you're being sarcastic in your plan but if you're that fed up and done why not just sell the place?

    0Reply
  • Anthony Newbold
    OP
    Investor · Bedford, IN · Member since 2015 · 69 posts · 29 votes
    6y

    No not at all.  This has not broken my will. I have several properties, but I am just a mom & pop. I currently have projects going as well as still buying.  HOWEVER.... Since I am being told CDC and otherwise, that I MUST lose money because of a decision, a poor decision that I did NOT make. That me and my family will suffer.  Therefore, since it is my property, and I have no confidence that even after a court order, that NO means of enforcing this order will take place.  That I thought about removing the doors.

    I'm sorry, If I mislead you into thinking that this is my only property, and that I have lost my will to own more properties.

    2Reply
  • Jon K.
    Rental Property Investor · Perry Hall, MD · Member since 2016 · 588 posts · 599 votes
    6y

    Ah so you're concerned that despite the eviction order you will not actually be able to evict so you intend to make the property uninhabitable to try to force them out. I understand now.

    i can't tell you what would happen if you tried but I'm sure there are plenty of legal reasons why you shouldn't that have to do with liability. I'm no help on this one but I wouldn't do it.

    0Reply
  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    6y

    this was done in the old days.. today its a good way to get in a bunch of trouble.

    Podcast Guest on Show #222
    JLH Capital Partners51 Review
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    9Reply
  • Chris Gawlik
    Investor · Yucaipa, CA · Member since 2011 · 162 posts · 232 votes
    6y

    I understand what your saying. You want revenge for what the tenant has put you through. It would be pretty funny to see there face when they showed up with no doors or toilets on the house. So I think your joking right. If your not, don't do it. Its just not going to be worth it. Besides legal stuff just take the high road and move on. Even though you hate your tenant and theirs probably much more to the story then your telling us. Words spoken and things we don't know about ect., its just better to get the negativity and stress out of your life. After all your tenant is probably in pretty bad shape financially or just with there lives in general if there not going to pay the landlord for that long. Don't make a bad situation worse and just move forward repair the place and find a better tenant. 

    4Reply
  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    6y

    You'll likely end up arrested and in jail for a self help eviction and that tenant will end up owning the property.

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  • Anthony Newbold
    OP
    Investor · Bedford, IN · Member since 2015 · 69 posts · 29 votes
    6y

    This is a home I completely remodeled, 2 years ago.  Beautiful 3BR/1B home, Great Neighborhood, folks have great jobs! Make great income. More than me. Remember, I have several homes that I own. These folks are good people, just don't pay their bills, including me?! 

    I agree, If this is what it has come to, than so be it.  I've spent my money, I've been to court. I've won! I have the eviction order, I have the mortgage payments that I have made without interuption. I will ABSOLUTELY take over my property, remove the doors, remove the toilets,,,,  and GET MY DIGNITY BACK.

    I know many won't get this, because you are much more into this real estate thing as professional business folks,  But this is total crap.  And to think that others will just let this go by, and let there life savings go up in smoke like me.  Except I wont.

    2Reply
  • John Teachout
    Rental Property Investor · Concord, GA · Member since 2015 · 3k+ posts · 3k+ votes
    6y

    I suspect the eviction can go through as it isn't covid related. It was a result of tenant actions that occurred prior to the virus being in the country. Due to those facts, the current eviction moratorium likely wouldn't apply. I'd try to force them out.

    4Reply
  • Bjorn AhlbladPro Member
    Investor · Shelton, WA · Member since 2017 · 6k+ posts · 6k+ votes
    6y

    When my younger daughter was around 14 she did something that really got my feathers up. So I took her bedroom door off the hinges. Later in the day, maybe next day she apologized profusely and promised never to do whatever it was again. So removing doors definitely gets attention. Should you do that as a LL? Hell no!!

    Unfortunately tenants have the upper hand, hopefully not forever, and we will just have to endure.

    I think you may have been to kind to this tenant when they first got into arrears and as we all know

    No good deed goes unpunished! Hope for happier days ahead!

    3Reply
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    6y

    If they are both working at their jobs, then the CDC order does NOT apply to them as I understand it.  It only applies to those who lost their jobs or had significantly reduced hours.

    The judge ordered the eviction, so get a sheriff to go along and enforce the judge's order.

    6Reply
  • Anthony Newbold
    OP
    Investor · Bedford, IN · Member since 2015 · 69 posts · 29 votes
    6y

    I have already been to court..... several times.  I finally have the EVICTION ORDER.  They must move or else.  Or else what?????????/  The court has made their decision.  But the CDC has made their decision.  So who wins?  I am certain that I will NOT lose.  I am wondering if others are in the same situation, or if everyone is just offering legal advice, as we should all listen to cover our bankrupt asses.

    0Reply
  • John MorganPro Member
    Rental Property Investor · Grand Prairie, TX · Member since 2018 · 2k+ posts · 2k+ votes
    6y

    @Anthony Newbold

    I won an eviction in court last March. Then five days later an eviction moratorium came on and halted all evictions. My tenants got free rent and utilities for an additional 4 months. Nothing I could do about it even though they were doing illegal activity in it. I sent the judge a five page police report from a swat team bust in it during this moratorium. Judge said I had to wait to get the writ like everyone else. Finally got them out when moratorium ended. Cost me over 25k for lost rent and damages they did (16k in damages). And I had spent 50k last year rehabbing this thing. They even stole my new fridge! You win some. And you lose some. I definitely lost on these tenants.

    3Reply
  • Eric Bilderback
    Real Estate Agent · Sisters, OR · Member since 2014 · 1k+ posts · 1k+ votes
    6y

    I thought the eviction stop only applied to tenets that lost their job due to COVID.  

    Have you told them you are getting totally screwed by them?  You said they are good people they don’t sound like it.  Unless they think you don’t have to pay the bank tell them not only do they need to pay you they are screwing you and making your life hell.  And as much as you hate would hate doing this you will make sure no one ever rents to them again unless they pay you ASAP.  I would probably also be willing to give them some money to leave in the home.  I have never had this situation but I tell them I will see to they are screwed if they try and screw me, then I show how they can win by me giving them $500 or so and they leave nicely and get their life back together.

    But if they can afford to pay you they are either totally ignorant or not good people.

    0Reply
  • James Hamling
    Real Estate Broker · Minneapolis, MN · Member since 2011 · 5k+ posts · 6k+ votes
    6y

    @Anthony Newbold I completly understand the emotions you are feeling and expressing in this matter, we all feel the same outrage and theft of rights, BUT you must understand one crime does not correct nor is it justified by anothers previous crime, BOTH are still criminal events and punishable as such. All you will achieve is loosing so much more, possibly everything. 

    Maybe it will help to step back and view this another way. Imagine "Bob" owns a pawn shop and a neighbor down the street "Phil" breaks in one night and steals $10,000.00 in merchandise from Bob. Bob reports Phil and police say "do you have some evidence, we need evidence". Now Bob doesn't have it to get Phil arrested, but after talking to his attorney he does have enough to sue Phil, get a judgement, and then garnish wages to eventually get paid back. Is it ideal, no, but it is the restitution available. -OR- Bob could march down to Phil's place, kick in the door, and "take" what he feels will get as close to that $10k as possible, even though he know Phil has maybe $2k worth in the place. 

    So which would you tell "Bob" to do? The attorney route, or the other one that not only won't get those funds back but most likely will put Bob in handcuffs himself? Which has the best Return On Investment? 

    I get it, hell I could write the book on "it", but I will not lower myself to "their" level because I AM better than them, and nobody said the high road would be easy, comfortable or without suffering. It is called the high road for a reason, it can be a damn brutal climb up, but it's worth it. 

    Don't just accept it, use it, learn from it, evolve from it, turn it into fuel for something better, fail forward.

    2Reply
  • Andy Brown
    Rental Property Investor · Tampa, FL · Member since 2017 · 70 posts · 115 votes
    6y

    @Anthony Newbold

    If you take the doors and toilet I suspect they will "take" (destroy) your carpets, walls, and appliances. We already know they have integrity issues. I'd cut your losses and move on.

    I had tenants stop paying at the first hint of COVID and eviction stays. Both were working and wouldn't communicate at all. Eventually in June we offered that if they just leave we'll keep the security deposit and not pursue a judgment. They agreed....and trashed the place and left. Good luck. These are unusual times.

    0Reply
  • Stephen E.
    Rental Property Investor · Member since 2020 · 172 posts · 110 votes
    6y

    You say they have good jobs  and money, why wouldn't you sue them?

    0Reply
  • Account Closed
    Rental Property Investor · Torrance, CA · Member since 2016 · 724 posts · 1k+ votes
    6y

    @Anthony Newbold

    Making decisions when you’re pissed is equivalent to making decisions when you’re drunk. Let the anger meter go down before you do this. You say you want your dignity back, but the only thing you’re likely to get back is more legal problems and lost money.

    3Reply
  • Cheryl Moore
    New to Real Estate · Dayton, OH · Member since 2020 · 122 posts · 39 votes
    6y

    @John Morgan In hindsight was there anything you could have done differently to prevent this from happening?

    0Reply
  • Cheryl Moore
    New to Real Estate · Dayton, OH · Member since 2020 · 122 posts · 39 votes
    6y

    @Anthony Newbold. In hindsight what would you have done differently in this situation? New investor here wanting to learn from others

    1Reply
  • Rebecca Rios
    Rockford, IL · Member since 2020 · 14 posts · 6 votes
    6y

    @James Hamling What makes removing a toilet and doors that YOU OWN a crime? Is it the lease (which the tenant already broke via nonpayment) or some statute? I’m a new investor but I’d like to read it for myself.

    0Reply
  • Jaquetta T Ragland
    Real Estate Agent · Winston Salem, NC · Member since 2014 · 486 posts · 303 votes
    6y

    @Anthony Newbold keep us posted on this because I thought since you got an approved eviction...you can still get them out?

    0Reply
  • Dieudonne T.
    Investor · Des Moines, IA · Member since 2019 · 62 posts · 17 votes
    6y

    @John Morgan

    Just out of curiosity, did you do a background check on them early on?

    1Reply
  • Jeff Ronningen
    Investor · Cincinnati, OH · Member since 2015 · 242 posts · 182 votes
    6y

    @Anthony Newbold

    Take a deep breath and come to your senses. Even if you’re a mom and pop, it’s still a business. Treat it as such.

    Get an attorney engaged if you haven’t already. Determine if the new CDC rule applies, I suspect it doesn’t. If so, if they’re not out by Sept. 11 I think you’ll work with the Sheriff’s department to schedule a put out.

    Also get a judgement filed against them if they have decent jobs and income. In time a situation may arise which forces them to pay you. If not at least you’ve made it harder for them to find another place and stiff another landlord out of rent payments.

    You’ll get past this. Figure out the lessons learned and move on. Don’t make it personal between you and them.

    0Reply
  • Bill Kramer
    Contractor · Evansville, IN · Member since 2019 · 142 posts · 208 votes
    6y

    @Anthony Newbold

    Sounds to me like you are doing everything " correct and legal" so far. It's just not happening fast enough for your liking. Wait till September 11th and try to get the sheriff's to do the force out. That's your last stop.

    As our current president proves, the law is only there to keep the honest man honest. So if that doesn't work do your thing with the understanding that lawyers cost money. And be prepared to hire a high end lawyer stall out and or get whatever charges brought up against you dropped.

    Have you considered moving in a friend and they're not so friendly German Shepherd as roommates to these pain in the butt tenants. Add your friend to the lease.

    Now 90% of the people on this forum will encourage you to take the high road and the big loss, but my personal vote is it's not whether it's legal or not it is who has the best lawyer.

    I'm not encouraging you to break the law just bend it extremely to your advantage. I've had landlords hire me to do some very questionable stuff to chase people out of their properties, and they got away with it because of well connected lawyers.

    0Reply
  • Reginald Ross
    Rental Property Investor · Gulf Shores, AL · Member since 2019 · 107 posts · 115 votes
    6y

    @Anthony Newbold

    Talk to your attorney.

    0Reply
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