Rental Property Investor · Midland, TX · Member since 2016 · 185 posts · 180 votes
I’m doing my first ever, move the stuff onto the lawn eviction tomorrow at 9 am.
Tenant is $6,200 behind on rent. Just stopped communicating in October. Won the eviction case in November, but judge delayed my ability to file for the writ of possession until after Christmas to give tenant the chance to get to current or find a new place to live.
Filed for writ of possession on the 27th of December. Sheriff scheduled the eviction for tomorrow.
Tenant starts blowing my phone up this afternoon pleading for more time & to not show up with the sheriff. Indicates he will pay the balance in seven days.
I’ve ignored the communication just as he has mine for the past four months.
Any advice for conducting the actual eviction? I’ve got three movers, plus me and my son (he’s 20) plus 100 massive trash bags.
Rental Property Investor · Dallas, TX · Member since 2017 · 34 posts · 30 votes
5y
@Brad Gibson No direct advice but I feel for you. Best of luck on everything tomorrow. Sure it will be emotional and tense. Sounds like you did everything the right way. Tough situation.
Rental Property Investor · Chicago · Member since 2018 · 7 posts · 7 votes
5y
Brad, if the tenants ignore the opportunity to work something out with you, I wouldn't take that chance and wait seven days for the balance. Just be careful and make sure the law authority is with you. Sometimes the tenants get very sore during these types of evictions. Good luck
Brad, if the tenants ignore the opportunity to work something out with you, I wouldn't take that chance and wait seven days for the balance. Just be careful and make sure the law authority is with you. Sometimes the tenants get very sore during these types of evictions. Good luck
Yes. I fear having to start over again with the writ of possession of I hold off and don’t get the funds in a week.
Just better to get possession, clean things up, & put it back on the market.
Rental Property Investor · Concord, GA · Member since 2015 · 3k+ posts · 3k+ votes
5y
In our area, the county we're dealing with right now requires two "movers" per room of house. This is ridiculous in my opinion but it's their rules. They also strongly recommend that the landlords/managers do not participate (other than observe) in the set out process. I'm learning about this right now as we are also working our way through our first eviction. We're waiting for the period that the tenant has to file an answer. If they don't, we'll get a default judgement. I'm hoping we don't have to do the actual move out phase as it will be expensive for us. (and likely won't recoup the costs but we will file for a judgement.)
Good luck. I hope it goes as smoothly as possible. I agree with the others for you to stand back if the tenants are there and let the movers and sheriff handle it. I also wouldn't follow through and not reply to them. They couldn't be bothered for the last few months and they knew in Nov what would happen, it is their fault that they didn't take the opportunity to find another place.
Investor · Los Angeles, CA · Member since 2019 · 132 posts · 91 votes
5y
From my experience in court in our landlord friendly jurisdiction, judges are only interested in facts as they pertain to law, specifically... landlord-tenant law. They will ask the tenant if rent was paid or not. They will review the documents related to the service of the legal notices to make sure notice was properly served. Dates and events. Not interested in the background stories. Less is more; document and show facts, be truthful and concise. Court is quick, judgement in quick. Have your documents in order. Most tenants don't show up... they lose, you win. If you get a money judgement, take it to collections as soon as you can. Hard to collect, but will add more to the tenant record to be found by the next landlord... if they look.
Wholesaler · Macungie, PA · Member since 2015 · 32 posts · 28 votes
5y
Brad it's best just to continue with the lockout of the tenant and find a better tenant for your property. I've been involved in owning apartment buildings for the last 30 years. I've been involved with a lot of evictions. I used to try to help them out and it was rare that I wouldn't have to evict them in the near future, but this time at a cost much higher. I've never seen a tenant that was given a courtesy give it back to the landlord. It's always better to just get them out instead of having to do it again in a month.
Multifamily Syndicator · Houston, TX · Member since 2016 · 1k+ posts · 2k+ votes
5y
@Brad Gibson This is a tough one, especially right now with everything going on.
Initially, my mind thought "hey, why not" maybe he will come up with the money but then I thought no he's not! Lol
But maybe there is a middle ground here, Brad. I'd think to call him and ask him to send you half the money right away if he has it. If not, the eviction must go on, unfortunately.
These issues are too delicate with no right or wrong answer, but whatever we do as landlords and/or investors, let's force ourselves to have some empathy even with the "trying to pull a fast one" tenants.
Rental Property Investor · Midland, TX · Member since 2016 · 185 posts · 180 votes
5y
Well y'all. That sucked, but it is done.
Met the sheriff's deputy at quarter to nine. Only a pair of the crew of five I had lined up showed up, so my son and I had put in some serious labor this morning.
I had installed a keypad deadbolt the last time this unit turned over with a lock with a physical key mounted on the porch. Only I have the code to the lockbox and the tenant can change the deadbolt to whatever they like. Used the key to unlock the premises. Asked the sheriff's deputy if he should go first, but he indicated I should go ahead. He's the one with the bulletproof vest, but whatever. He swept through each room of the home and then told me we had two hours to move all possessions onto the front lawn. I change the deadbolt code & the locks are now effectively changed.
The tenant had packed and moved NOTHING. He and his girlfriend simply locked ups and went to work this morning. It was as if they had zero understanding that they wouldn't return back to their home in spite of being served with the paperwork by the court and then the sheriff's deputy.
We worked our tails off to get a full house out onto the lawn. The laborers as well as my son and I were super careful with all of their things. This is someone's life after all. Christmas tree. Holiday decorations. Dishes in the sink. Food in the fridge. Makeup on the vanity. Bedding on the beds. Clothes in the closets. All of the souvenir's from trips (including photos and swag from a Vegas trip in October. Unmounted a 60' big screen TV, mounted shelves, workout equipment, desks. Beautifully decorated and the home was in great shape.
Seriff's Deputy asked how long I wanted to give him to remove his stuff. Hell, I don't know? I ask what's standard. He says he legally cannot give any guidance. I said 24 hours. So he wrote it up and said if tenants are on premises after 9:00 am tomorrow, then call the cops for criminal trespass.
I notify the tenant to please remove his things, pick up their dog in the back yard and get the gear from the back yard since I didn't want to mess with what looked like a friendly St. Bernard, but taking no chances.
Tenant pleads with me to take $2,000 toward getting caught up and let him move his stuff back in. I listen. I'm polite and professional, but tell him that he had cut off all communication for three months when I offered to work out payment plans or amicably allowing him to leave without an eviction. He must come get his belongings & that I cannot help him.
He calls my maintenance person to ask them to lobby on his behalf to let him back into the home and not evict. Says he has nowhere else to go. I ask them to respond that he needs to remove his stuff from the lawn.
He asks for more time to remove his stuff & I give him an additional 24 hours. Sheriff says that I'm responsible for his possessions until they're removed. That doesn't bring me comfort.
I will head back over there tomorrow afternoon to ensure everything is gone and get to work on replacing some blinds and doing some light touch up to the house and then decide whether to put the home up for sale or list it for rent again.
I've asked two or three tenants to move out when they got behind. All complied. I've even done a cash for keys with one tenant that looked like they wanted to go the court process. This is the first one where we put stuff on the lawn. I guess this is part of being a mom & pop landlord during tough times.
Thanks for the advice and the support. Better days ahead for all of us I hope.
In 30 years, I have only had it go this far twice(One mine and once someone contracted with me to handle it). Both times we showed up with the Constable and the people were sleeping. I guess people just stick their head in the sand. In Texas, they receive prior notification of the date and time. At least this way we controlled the situation and they did not damage the property on the way out the door
Ugh ..You should have never gave him another 24 hours . No mercy next time ! Don’t cave man !this guy screwed you hard core
His stuff is in the yard. Locks are changed. I have possession of the home. Its just a question of when his housing materials move from the yard. Sheriff deputy said I could either store it or take it to the dump if it wasn't retrieved. Whichever I chose.
I should have stuck to 24 hours to remove the materials from the yard, but at least I have the home back. Live and learn I guess.
Rental Property Investor · Member since 2020 · 1k+ posts · 1k+ votes
5y
Congratulations on getting your property back, this just goes to show that you can't help those that don't help themselves. You did the right thing by not letting them in under any circumstances, if they had 2k today they could have had it earlier and prevented this mess. If the sheriff says do what you want with it I would double check that, I thought in most places you had to store for a period of time. If not I'd take what you want and think you can liquidate to recover some losses. What is left you can either dump or as others said just post a craigslist or facebook marketplace add for a porch side pickup and it will be gone minus a bit of trash. You could also move it in the garage and post it where if someone wants it they have to take it all, you would be surprised what people want when its free and its all gone. The only thing questionable to me though is the dog, please go check on it tomorrow and if it is still there call animal control, there is no reason for it to suffer because they failed to plan.
Property Manager / Licensed Realtor · Toledo/Columbus, OH · Member since 2019 · 244 posts · 262 votes
5y
@Brad Gibson first eviction with a looming CDC Moratorium in limbo, I’m sorry :(
I am here in Ohio, had court today actually. One tenant showed up with money and the remaining balance went into a court ordered payment plan and the others didn’t show
I find when they don’t show it is a piece of cake however, your not out of the woods yet. I had granted evictions and writs, the day we showed up with the bailiff the tenant had a CDC Moratorium and the bailiff left and that’s where it went.
My advice- accept any rent they have and get them on a court ordered payment plan, once that happens the CDC Moratorium tends to be waived by the judge and if they don’t pay they are out.
I would be happy to discuss this with you but also curious how it goes for you!
Congratulations on getting your property back, this just goes to show that you can't help those that don't help themselves. You did the right thing by not letting them in under any circumstances, if they had 2k today they could have had it earlier and prevented this mess. If the sheriff says do what you want with it I would double check that, I thought in most places you had to store for a period of time. If not I'd take what you want and think you can liquidate to recover some losses. What is left you can either dump or as others said just post a craigslist or facebook marketplace add for a porch side pickup and it will be gone minus a bit of trash. You could also move it in the garage and post it where if someone wants it they have to take it all, you would be surprised what people want when its free and its all gone. The only thing questionable to me though is the dog, please go check on it tomorrow and if it is still there call animal control, there is no reason for it to suffer because they failed to plan.
I will drop by tomorrow to make sure his dog is cared for. Beautiful dog.
Ugh ..You should have never gave him another 24 hours . No mercy next time ! Don’t cave man !this guy screwed you hard core
His stuff is in the yard. Locks are changed. I have possession of the home. Its just a question of when his housing materials move from the yard. Sheriff deputy said I could either store it or take it to the dump if it wasn't retrieved. Whichever I chose.
I should have stuck to 24 hours to remove the materials from the yard, but at least I have the home back. Live and learn I guess.
If it is still there when his time is up, let him know you've called 1800gotjunk and they are coming by to dispose of it.