EVICTION FINALLY for Horrible Renters
Investor · Bedford, IN · Member since 2015 · 69 posts · 29 votes
EVICTION FINALLY for Horrible Renters
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Jay HinrichsBusiness Member
Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votesthis was done in the old days.. today its a good way to get in a bunch of trouble.
50 Replies
- 6yJohn MorganPro MemberRental Property Investor · Grand Prairie, TX · Member since 2018 · 2k+ posts · 2k+ votes
Originally posted by @Dieudonne T.:
@John Morgan
Just out of curiosity, did you do a background check on them early on?
Yes. This couple got a divorce and the husband and two boy moved out. The wife decided to date and move in a violent gang member with a criminal past and the rest is history!
- Investor · Bedford, IN · Member since 2015 · 69 posts · 29 votes6y
Originally posted by @Theresa Harris:
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.
I would love to just get a sheriff to go along and enforce the judge's order. BUT, last time I tried this I learned that if they don't voluntarily move out AFTER a court order Eviction, you then go back to the courts to get a WRIT of Assistance to 'allow' the Sheriff to 'Assist' in the Eviction. And since the CDC stepped in I am sure the courts will NOT do anything. Also, regarding the CDC, on their website they link to a document that renters have access to print off stating that they will become homeless if they are evicted and that's all it takes.
- Investor · Des Moines, IA · Member since 2019 · 62 posts · 17 votes6y
@John Morgan not much one can do about that huh,
is it possible to put a clause in the rental agreement that might say if new persons where to move in they are to be approved by land lord first before they are allowed to live in said property?
- 6yJohn MorganPro MemberRental Property Investor · Grand Prairie, TX · Member since 2018 · 2k+ posts · 2k+ votes
Originally posted by @Dieudonne T.:
@John Morgan not much one can do about that huh,
is it possible to put a clause in the rental agreement that might say if new persons where to move in they are to be approved by land lord first before they are allowed to live in said property?
Yes, only authorized adults on the lease are allowed. However, this was during an eviction moratorium and my tenant got thrown in prison for allowing stolen goods to be stored inside the house. The SWAT team made a major bust and hauled off four of them. Unfortunately when there is an eviction moratorium along with a pandemic you have zero control over your rental. I asked the judge to give me an emergency writ of possession due to all the illegal criminal activity going on and showed her police reports. She said she couldn’t do anything about it due to Covid. I would have to wait until the courts and constables opened back up. I never in a million years thought something like Covid would come along and give me no rights to my property. I will factor this in for my properties for the future for sure from now on!
- Investor · Des Moines, IA · Member since 2019 · 62 posts · 17 votes6y
@John Morgan my goodness, thanks for responding back and hope this COVID thing ends sooner than later and also never happens again, not that I can control what happens just a wish.
- 6yTheresa HarrisPro MemberMember since 2019 · 15k+ posts · 11k+ votes
Originally posted by @Anthony Newbold:
Originally posted by @Theresa Harris:
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.
I would love to just get a sheriff to go along and enforce the judge's order. BUT, last time I tried this I learned that if they don't voluntarily move out AFTER a court order Eviction, you then go back to the courts to get a WRIT of Assistance to 'allow' the Sheriff to 'Assist' in the Eviction. And since the CDC stepped in I am sure the courts will NOT do anything. Also, regarding the CDC, on their website they link to a document that renters have access to print off stating that they will become homeless if they are evicted and that's all it takes.
I thought the CDC order only had homelessness as one criteria, there were still other conditions that had to apply (ie not just homeless, but homeless AND others). I think some courts might not be as lenient when they find out no attempt has been made to pay any rent.
- Investor · Bedford, IN · Member since 2015 · 69 posts · 29 votes6y
I am grateful for all of the responses. I get that I should take the high road, but in the end my family starves. I get that I should respect the law, but in the end there is none. I am going to go down the best road, and pay my attorney to finish this off, but this particular instance/ situation was unforeseen. Who would guess that our government could tell me that I must work harder than ever, and sign my name to a mortgage, and let other people live in that home.
In essence, this is what it is.
Sure, I got more homes. Yes, I've worked VERY hard. NO, you don't get to live in ANY of them for free.
- 6yJohn MorganPro MemberRental Property Investor · Grand Prairie, TX · Member since 2018 · 2k+ posts · 2k+ votes
Originally posted by @Cheryl Moore:
@John Morgan In hindsight was there anything you could have done differently to prevent this from happening?
Yes Hindsight, I would have filed for eviction four days before Xmas when they got behind. They gave me a sob story about not having $ to buy the kids Xmas presents. I wish I wouldn’t have fallen for it. I would have won the eviction in court and got the writ of possession before the pandemic shut everything down. That’s what I get for being a nice guy. I’ll file for eviction the day I’m legally able to for now on..even if it’s xmas. This ended up costing me over 25k in lost rent and damages due to waiting to file. Never again.
- Real Estate Agent · Chicago, IL · Member since 2017 · 2k+ posts · 2k+ votes6y
You could start a rehab making it headache to live through but not illegal. If you remove doors or toilet its going to bite you and the court could make you pay the tenant a judgement. Theres nothing illegal though about 8:00am daily contractors cutting drywall, tile, etc.
- 6yTheresa HarrisPro MemberMember since 2019 · 15k+ posts · 11k+ votes
Originally posted by @John Morgan:
Originally posted by @Cheryl Moore:
@John Morgan In hindsight was there anything you could have done differently to prevent this from happening?
Yes Hindsight, I would have filed for eviction four days before Xmas when they got behind. They gave me a sob story about not having $ to buy the kids Xmas presents. I wish I wouldn’t have fallen for it. I would have won the eviction in court and got the writ of possession before the pandemic shut everything down. That’s what I get for being a nice guy. I’ll file for eviction the day I’m legally able to for now on..even if it’s xmas. This ended up costing me over 25k in lost rent and damages due to waiting to file. Never again.
I had one who did that. I gave her a month and knew she wouldn't get her act together as she'd been late and having problems for a while-still paying, but late and not always in full. I was glad that I didn't let it drag on as I got her out in early Feb. I was lucky if you can call it that though I'm dealing with that new tenant and served her notice.
In the end, while I'm out rent for a few months, the rent for the second was $400 higher than the previous tenant and she did pay for a bit, so I am really only out a few hundred dollars if I pretend I would have been paid the rent from the previous tenant and include the deposit which she is not getting back....
- Real Estate Broker · Minneapolis, MN · Member since 2011 · 5k+ posts · 6k+ votes6y
Originally posted by @Rebecca Rios:
@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.
Well, the law that states such is a crime, that is what makes it a crime, violating laws and regulations.
If doing such an action seems okie-dokie in your mind, I would suggest considerable additional education combined with some therapy possibly before getting into investing.
Would you also argue GMAC should consider sending large Italians to break the ankles of those behind in payments vs legal action? Maybe Amex should consider taking fingers for non-payment?
How removing toilets and doors does not compute as something wrong and probably violating just a few tenant rights is beyond me. And such knowledge in REI is kindergarten level knowledge, FYI.
- Rental Property Investor · Seattle, WA · Member since 2018 · 66 posts · 21 votes6y
@Anthony Newbold
Seems like you've already done your legwork, and you may laugh at my advice, but as emotional and stressed you are over this, if it was me, I would just hand it over to an eviction company and let them deal with this. I wouldn't let these criminals (they are stealing) ruin any more of my health or mood.
I had a tenant that literally ripped my entire house and stole everything... I think if it was a property that I was personally managing I would have been frustrated, stressed... etc, but honestly I wasn't so much.... my bank account hurt quite a bit and it put me back quite a bit..... but at the end of the day, I didn't have to deal with it... things like this discouraging investors from pressing on Or giving up on Investing I think is way more costly than the actual damage.
If this property is so frustrating to the point of you feeling like you wanna do something that will impact you for good, just cut your losses and let another person deal with them. At the end of the day, I believe God exists and they will pay for it at some point in their life. No reason trying to have them pay for it ourselves. And besides, you are investing with houses, these people are renting... they obviously are not doing well financially. Even if they make a lot, it's about how u manage them...... so just move on.... and know they will pay eventually.
- Rockford, IL · Member since 2020 · 14 posts · 6 votes6y
@James Hamling condescending much? If you treat all new investors this way, it might be you in need of therapy.
I never said it was “okie-dokie” or even alluded to it. But I don’t make my personal decisions based on my gut, I base them on facts/laws, which is why I asked a simple question. I’m not sure why that enraged you so much.
- Rental Property Investor · St Augustine, FL · Member since 2019 · 264 posts · 279 votes6y
@Anthony Newbold you lost me when you said they were 6 months late before you went to evict them.
- Real Estate Broker · Minneapolis, MN · Member since 2011 · 5k+ posts · 6k+ votes6y
Originally posted by @Rebecca Rios:
@James Hamling condescending much? If you treat all new investors this way, it might be you in need of therapy.
I never said it was “okie-dokie” or even alluded to it. But I don’t make my personal decisions based on my gut, I base them on facts/laws, which is why I asked a simple question. I’m not sure why that enraged you so much.
No, not much, just when arrogance meets ignorance and then projects onto others or myself then absolutely often & frequently as possible. Another term for the experience is called being humbled, or a smack down, take your pick.
And if confused, maybe re-read your words that originated this.
Cheers
- 6yMichael PreviteraPro MemberRental Property Investor · Greeneville, TN · Member since 2020 · 27 posts · 8 votes
@Anthony Newbold I emphasize with your horrible situation. I do have an awful suggestion but it might solve your problem. Cash for keys. I know you have lost so much already and the thought of giving them money probably angers and sickens you at the same time. Consider it, it might cost you less than any more legal fees. And after they are out contact every LL in 100 miles to tell them about how awful they were as tenants. Then laugh knowing that they have no place to go.
- Investor · Philadelphia, PA · Member since 2010 · 739 posts · 372 votes6y
Originally posted by @Anthony Newbold:
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~!!
I would probably just sign the deed to them, because after you pull this nonsense they are just going to own it anyways
- 6yOleksandr IvanovskiyPro MemberRental Property Investor · Member since 2019 · 124 posts · 38 votes
@Anthony Newbold
I feel your pain. As soon as you have court paperwork have local sheriff execute eviction if your tenant doesn’t leave .
I had tenant who didn’t pay for 4 months and unfortunately because of the moratorium We going to court in the end of this month only. Tenant use COVID to her advantage, but I’m going obtain judgement and send to collection and garnishment.
- Denver, CO · Member since 2018 · 29 posts · 21 votes6y
Originally posted by @Anthony Newbold:
I am grateful for all of the responses. I get that I should take the high road, but in the end my family starves. I get that I should respect the law, but in the end there is none. I am going to go down the best road, and pay my attorney to finish this off, but this particular instance/ situation was unforeseen. Who would guess that our government could tell me that I must work harder than ever, and sign my name to a mortgage, and let other people live in that home.
In essence, this is what it is.
Sure, I got more homes. Yes, I've worked VERY hard. NO, you don't get to live in ANY of them for free.
Welcome to Russia!!! What happened to private property rights? If govt is that worried about people getting homeless than just simply print more money and pay the lanlords or house them in white house, its pretty big, can house several people easily
- Rental Property Investor · Member since 2020 · 1k+ posts · 1k+ votes6y
I see renting and housing as black and white, you are paying and you get to stay, your are not and you should be forced to leave immediately. Morally I see nothing wrong with your strategy, I wouldn't even be against tossing in a couple cans of tear gas to get them out and then locking the doors and securing the building, they can get their stuff when they pay or it is used as collateral. Legally this obviously does not hold water and while the courts are being slow for you make no mistake a spot will open up for them quickly to sue you for making the house uninhabitable even if they shouldn't be there anyway and crazy as it seems you may be the one owing them money even after their debts. Also if you were to take this route they will still go to the bathroom somewhere, it just won't flush away and they will be much more likely to trash the house worse than they already have. Hopefully the sheriff is able to get them out since this is from before covid. Also I am assuming in this period you have non-renewed their lease and they have overstayed, I'm hoping that can be a way around the CDC guidelines but haven't seen anyone use it yet that I know of. Good luck and remember, the courts are going to be on the side of the tenant in this so you need to look like a reasonable person, don't give the judge a reason not to like you and pity the tenant or this could get worse.
- Member since 2020 · 8 posts · 12 votes6y
@Bill Kramer, can a tenant unilaterally be added to an existing lease by the owner?
- Rental Property Investor · Tempe, AZ · Member since 2020 · 75 posts · 39 votes6y
@Anthony Newbold
I came across this video talking about the issue of removing doors. Might want to be careful with that.
https://youtu.be/C7CiBDIdI5A
- Investor · Bedford, IN · Member since 2015 · 69 posts · 29 votes6y
Originally posted by @Fred Cannon:
@Anthony Newbold you lost me when you said they were 6 months late before you went to evict them.
That was my horrible bad. I had 5 homes in the process of rehab, and getting renters at the time. It was a busy time last Spring. I let this one get behind because I didn't want to deal with it. I never have EVER had to deal with folks LIE to my face. And after about the 4th month, I filed, and then 2 months later got into court (making them 6 months late).
My bad. I am the only one to blame. I will not be broken by this.... and move forward.
- Member since 2022 · 2 posts · 0 votes3y
Quote from @Theresa Harris:
Originally posted by @John Morgan:
Originally posted by @Cheryl Moore:
@John Morgan In hindsight was there anything you could have done differently to prevent this from happening?
Yes Hindsight, I would have filed for eviction four days before Xmas when they got behind. They gave me a sob story about not having $ to buy the kids Xmas presents. I wish I wouldn’t have fallen for it. I would have won the eviction in court and got the writ of possession before the pandemic shut everything down. That’s what I get for being a nice guy. I’ll file for eviction the day I’m legally able to for now on..even if it’s xmas. This ended up costing me over 25k in lost rent and damages due to waiting to file. Never again.
I had one who did that. I gave her a month and knew she wouldn't get her act together as she'd been late and having problems for a while-still paying, but late and not always in full. I was glad that I didn't let it drag on as I got her out in early Feb. I was lucky if you can call it that though I'm dealing with that new tenant and served her notice.
In the end, while I'm out rent for a few months, the rent for the second was $400 higher than the previous tenant and she did pay for a bit, so I am really only out a few hundred dollars if I pretend I would have been paid the rent from the previous tenant and include the deposit which she is not getting back....
My parents tenants have a problem similar to your situation right now. My parentsdid not evict her because of covid and because she broke her leg. My parents should not have waited until her leg healed, but we were too nice!
My parents are evicting a stupid a**hole tenant right now who is bat **** crazy! We just ask her that we needed to get something out of the garage because her stuff was blocking the way and she throws a tantrum like a toddler! We are fed up with her ****! She's always throwing a tantrum and she used to park 10 cars in our driveway! She only stops because we are evicting her! She sometimes parks 2 cars now, which is her partner! The tenant would always put her clothes in the laundry for more than 3 days straight every time and don't take her close out from the laundry! She always throws tantrum for everything we ask from rent, to even getting our own things in the garage! We let her use our garage and her stuff is blocking our way of getting our things! And she has the audacity to tell us not to get our stuff saying that we have to ask her! She says we touch her stuff, even though she touches our stuff all the time!!!
I can't wait for her to leave! I'm fed up with her ********!!!
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