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Ryan Shekell
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  • Rochester, NY
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Help! Need to Evict fast!

Ryan Shekell
Pro Member
  • Rochester, NY
Posted Feb 21 2024, 03:08

Does anyone have tips to expedite the eviction process? I have tenants that haven’t paid rent since October (5 months).

-My PM filed for eviction in December.

-We’ve offered cash for keys and that was ignored. 

-We filed for write of possession which was granted but now the Fulton court system has been down for weeks due to data breach or something.

I’m assuming I’m dealing with professional squatters and likely identify fraud, as they are not responding to court ordered documents. 

Any advice is welcomed. 

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Chris Seveney
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  • Virginia
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Chris Seveney
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  • Virginia
Replied Feb 21 2024, 03:56

@Ryan Shekell

Unfortunately you just need to wait it out.

Not recommending this but you could move someone else in there to live with them and blast music all night long and do things to annoy them then maybe they will move out.

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Theresa Harris
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Theresa Harris
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#2 General Landlording & Rental Properties Contributor
Replied Feb 21 2024, 04:36

Call the court and find out what the options are.  If their system has been down for more than a few days, they should have found a work around by now.

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Laura Stayton
  • Property Manager
  • Delaware
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Laura Stayton
  • Property Manager
  • Delaware
Replied Feb 21 2024, 06:37
Quote from @Ryan Shekell:

Does anyone have tips to expedite the eviction process? I have tenants that haven’t paid rent since October (5 months).

-My PM filed for eviction in December.

-We’ve offered cash for keys and that was ignored. 

-We filed for write of possession which was granted but now the Fulton court system has been down for weeks due to data breach or something.

I’m assuming I’m dealing with professional squatters and likely identify fraud, as they are not responding to court ordered documents. 

Any advice is welcomed. 

Unfortunately you have to wait for the court.  They will get it figured out soon

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Replied Feb 24 2024, 21:21

I am so sorry for what you are going through. But, as others have mentioned, you will probably need to wait it out. 

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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
ModeratorReplied Feb 25 2024, 05:41
Quote from @Ryan Shekell:

Not to kick a dead horse, but why are you in such a rush? You let the renter skip rent for months before acting!

I recommend you follow the process to ensure no mistakes are made. Screw this up and the tenants can stay in for a few more months.

While you are waiting for the eviction, ask yourself if the current property manager is helping you or harming you. Do you know when I start the eviction process? Ten days after rent is due. Not 30. I certainly don't wait 60 or 90 days. I've looked at Georgia law and I'm pretty sure you are allowed to start the eviction process one day after rent is due. Your PM chose to wait 60-90 days?!?

You can expect to lose six months of rent plus turnover costs. That's more than half a year of income, plus you are probably paying management fees. I recommend you find a PM who knows how to protect your property, income, time, and sanity with solid processes.

Remember: cheaper doesn't mean you'll make more money.

Start by going to www.narpm.org to search their directory of managers. These are professionals with additional training and a stricter code of ethics. It's no guarantee but it's a good place to start. You can also search Google and read reviews. Try interviewing at least three managers.

1. Ask how many units they manage and how much experience they have. Feel free to inquire about their staff qualifications if it's a larger organization.

2. Review their management agreement. Make sure it explicitly explains the process for termination if you are unhappy with their services, especially if they violate the terms of your agreement.

3. Understand the fees involved and calculate the total cost for an entire year of management so you can compare the different managers. It may sound nice to pay a 6% management fee but the extra fees can add up to be more than the other company that charges 10% with no additional fees. Fees should be clearly stated in writing, easy to understand, and justifiable. Common fees will include a set-up fee, a leasing fee for each turnover or a lease renewal fee, marking up maintenance, retaining late fees, and more. If you ask the manager to justify a fee and he starts hemming and hawing, move on or require them to remove the fee. Don't be afraid to negotiate, particularly if you have a lot of rentals.

4. Review their lease agreement and addenda. Consider all the things that could go wrong and see if the lease addresses them: unauthorized pets or tenants, early termination, security deposit, lease violations, late rent, eviction, lawn maintenance, parking, etc.

5. Don't just read the lease! Ask the manager to explain their process for dealing with maintenance, late rent, evictions, turnover, etc. If they are professional, they can explain this quickly and easily. If they are VERY professional, they will have their processes in writing as verification that policies are enforced equally and fairly by their entire staff.

6. Ask to speak with some of their current owners and current/former tenants. You can also check their reviews online at Google, Facebook, or Yelp. Just remember: most negative reviews are written by problematic tenants. A tenant complaining online might indicate that the property manager handled them appropriately, so be sure to ask the manager for their side of the story.

7. Look at their marketing strategy. Are they doing everything possible to expose properties to the broadest possible market? Are their listings detailed with good-quality photos? Can they prove how long it takes to rent a vacant property?

This isn't inclusive but should give you a good start. If you have specific questions about property management, I'll be happy to help!

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Michael Smythe
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Michael Smythe
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Replied Feb 26 2024, 11:31

Why did your PMC wait until tenants were 2 months behind to start eviction?

Did you not approve or send required funds?

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Rick Baggenstoss
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  • Decatur, GA
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Rick Baggenstoss
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  • Developer
  • Decatur, GA
Replied Feb 26 2024, 16:56

Tenants aren't squatters and vice versa in Georgia.  Law has changed so it's much easier to deal with squatters.  

Since these are tenants, you're f'd.   Fulton is very backed up now that the systems are down. You might file in Superior Court. 

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Glen Wiley
  • Investor
  • Richmond, VA
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Glen Wiley
  • Investor
  • Richmond, VA
Replied Feb 27 2024, 03:32

Consider the costs you are paying as tuition in the school of REI. A few lessons you want to learn once:

1. Begin eviction after 5 days past due. You run a business not a charity.

2. You can do a better job than bad PM. Fire them, they failed at one of the most important parts of PM - collecting rent.

Be very careful about taking steps to get them out, in Virginia if you do something like try to force them out you can be guilty of "self help eviction" which will cause the sheriff to halt their work and will get you into legal trouble.

Cash for keys has worked for me in the past but it isn't guaranteed.