All Forum Posts by: David Wurzel

Also, if your manager filed an eviction then he should have a case number that he can give to you and you can go on the Clerk of the Court's website and pull it up and look at the docket.  If he "can't find" the case number you can also look it up by the tenant's name since they will be the defendant.

Forgot to add that what I posted is a suggestion.  I am not an attorney, nor do I give legal advice.  My post is only to "suggest" what I would do.  :)

@Mark Resnick

You keep asking if anybody knows the law if Florida.  The simple answer is, an attorney in Florida. 

Your questions are so simple they really require no answer.  Just pick up a phone and call an attorney in Broward County.

First, give the problem tenants a 3 day notice to pay in full.  Post it on their door, sign and date it.   If they don't pay in 3 days then immediately file a Count 1 eviction (this means you are not asking for a monetary judgment, you just want them out).  Serve the tenant the filed eviction notice.  File a proof of service with the court.  Once served they have 5 days to pay the rent to the court.  If they don't pay the rent to the court you file for a default.  Once the default is entered you get a Writ of Possession and take that to the Sheriff.  Sheriff puts it in line with the hundreds of others.  Sheriff should call you to tell you when the Writ will be served by an officer.   Meet the officer at the property and have new locks ready to go. 

All in all 6 weeks should be the average from date that rent was due originally.

BTW  if your property manager does not know the above, fire them.

@Caleb Kleven

Best to let the bank buy it back and pick it up as a REO. The bank is most likely to bid outbid you anyways.

Patience is a virtue.

Business is business.  Forget the drama.  Who is on the lease?  That is all you have to be concerned about.  Has the lease been broken by the changing of the locks.  If so, look to the lease for what it says in these situations of changing the locks.  If the property is not made whole then begin eviction.  (I would go knock on the door just to take a quick look at the property condition anyway.)

@Natalie Olivo

I tend to agree about gut instincts.  If the hair on the back of your head stands up something is wrong.  Or, if it doesn't smell right, then something is off.

Try to dig deeper.  You know the numbers at this point.  Try to snoop around.  For example, is there an expired listing agent you can talk to?  What about neighbors?  There is always, always, always a neighbor that knows everything going on.  How about police reports?  How long has the current owner had the property?  Is there a previous owner you can talk to? Does all the due diligence make sense?  Does to the title flow correctly?  (No skips or bumps in the road?)  Any nuisance liens?  What did the inspection look like from a licensed inspector?  Is there a survey issue?

As far as tenants are concerned, you are buying the present, not the future.

Is this an HOA restriction that is t=in the bylaws that are on file with the county?

I've never heard of such a thing, much less anything like it ever being enforced. Do you really think the HOA has someone poring over the county records and then filing suits about this?

Be that as it may, I would definitely move forward based on the timeframe that you say it will take to do the add on. If it goes faster than you think then close on the 91st day just to spite the HOA.

@Stephen Hundley

The two have nothing to do with each other.  Apples and oranges.  Do your due diligence, check out the title, and then go into escrow if everything checks out.

Good Luck!

@Nick Johnson

Just curious as to why the MA market is so bad?

Maybe @Erin Legler has some insight also.

Thanks!

@Chris D.

I use Fiverr a lot.  Brandon and Josh mentioned it on one of their podcasts and it's great for graphic design, website design, logos, business card designs, etc.