Im fixing to go move someone out my self . I turned the water off and locked the doors last night with new locks . Ill be moving trailers and trash burning barrels on site this morning . Pics will be forth comming .
Does this have somthing to do with the ecomomy? I usually run 1 eviction per year .
Tim
Memphest 2006
November 18th
Replies
Gonna burn all the trash, huh? Sounds great for the air.
screw the air,when the tennant drives by and see's you burning his stuff....priceless larryhand me the chainsaw, i need to trim the casing just a hair.
I burned a bunch of boxes . Coke case boxes and such . They had accumulated in the garage.
Its actually legal in Arkansas to burn trash in burn barrells but the only thing I burn is paper and cardboard. Plastic , metal, skinky , goes to the landfill. Those things are no different than fire wood that I burn , in fact I burn limbs with it.
Our density population is probably far less than what you are used to.
Tim Memphest 2006
November 18th
>>>>>>>>>>>skinky , goes to the landfillIs that what you make crystal meth out of?
"Let's go to Memphis in the meantime, baby" - John Hiatt.
http://grantlogan.net/
>>>>>>>>>>>skinky , goes to the landfill
Is that what you make crystal meth out of?
Lol , na stuff like rotten potatoes and dirty diapers.
There was maggets in that stuff and a growth of cock roaches . Im just glad this happened when it did .
Tim Memphest 2006
November 18th
i gotta ask have you went thru. the court system for the eviction?in ks it takes about 4-5 weeks before you get possosion,then your suppose to store contents for 30 days[yea right]. i went for 25 years,served maybe 5 notices and only took 1 guy to court everyone else moved on there own. now i serve about 3 a month [2 yesterday] with 2 going to court. it's several things i think.
1. everyone with decent credit has bought at 5-6% leaving bottom of barrel.
2.inflation,people aren't making anymore,but to fill the gas tank you need 50-75,grocerys are higher etc. rent seems to be way down on the list of what has to be paid.
most of my stuff rents from 550. to 875.the higher the rent harder to rent. i just put a house up for auction ,should rent for 1150-1200 i can't get it rented. i expect to lose 15k on this deal .first time this has ever happened ,win some lose some! larry
hand me the chainsaw, i need to trim the casing just a hair.
78346.3 in reply to 78346.1
i gotta ask have you went thru. the court system for the eviction?in ks it takes about 4-5 weeks before you get possosion,then your suppose to store contents for 30 days[yea right].
No I didnt go through the court system.
I dont really know if the law has changed or not but I thought the law used to evict . Thats not the case now . Theres been several of the landlords using self eviction for a while . I normaly can talk them out , but the last three cases , "no talkum". I have taken action through the court system on the other two and have found out how worthless it is for landlords. Ive decided to take my chances with self help eviction through legal advisement. I dont want to leave the impression that a lawyer said do it . He didnt . I told him I wanted to do it and asked how to keep legal ramifications to a minumum. So Im doing all of that .
Tim Memphest 2006
November 18th
See, I wonder if the time to buy is now at all. I think it's later. Wait until the rentals are moving quicker, which they will if the predictions are correct. As more and more people get hit by skyrocketing payments on their negative ARM loans, they'll start losing their places in foreclosure and they'll come to you looking for rentals. Their credit will look terrible, you'll start seeing lots of foreclosures on credit reports (if you're checking those when you take new tenants). Then start checking your bankers and realtors and repo people for stuff on the market that they need to get rid of... the stuff your new tenants lost. When that action hits its peak it's time to buy.
You haven't lived until you go to an eviction and the evictee asks for and recieves a jury trial by the judge!
Got him a few more free weeks.
Kowboy
>>>>>>>You haven't lived until you go to an eviction and the evictee asks for and recieves a jury trial by the judge!Or you could show him your gun.
"Let's go to Memphis in the meantime, baby" - John Hiatt.
http://grantlogan.net/
LOL.or the holster.
Great memory and very funny.
Kowboy
You haven't lived until you go to an eviction and the evictee asks for and recieves a jury trial by the judge!
Got him a few more free weeks.
Well they may have some sort of a case but it wont be possesion of the house . They lost that today.
Tim Memphest 2006
November 18th
I think it is economic driven, at least in my area. We had 2 leave and one eviction in the last 90 days. I have turned over the day to day to a management company and they aren't as agressive about refilling. Which I assumed. Anyway the market here is soft with many properties available and unemployment is up a half point. Time to buy! DanT
I haven't had to evict anyone in several years. Here, I can have their stuff on the street in 7 days.
I had a classic about ten years ago. I had filed all the paperwork, met the Deputy at the pre-arranged date, and the tenant had been notified by the Court that this was the day to be out voluntarily, or be evicted. We got to the house, and there was a big hand-lettered sign in the window " MOVING ". I guess he was trying to buy a little more time.
Well, he moved alright -we had his stuff out on the alley in about an hour, supervised by the Deputy. When we pulled out of the driveway, I took down his sign, crossed out the " MOVING " and changed it to "MOVED"
Greg
I wish we had your state laws.
Tim Memphest 2006
November 18th
I usually reply to every one in a thread I start or try to .
Thanks for all the reponses so far .
Ive been busy this morning renting a storage unit in their name and had a meeting with the sherriff .
This is different than Ive ever done it and no I didnt go through the eviction process by state law because our law doesnt evict . I saw a lawyer about doing it my way.
The main topic of the thread is why so many evictions?
I just rented a high dollar house that took two weeks . A year ago it would have been gone the day the paper came out. Ive rented three in a row to date in two weeks and they dont qualify for the most part . That and cant provide a good reference . Several tried renting with out all the up front money.
Its getting tough out there .
It is getting to the time to buy .
Tim Memphest 2006
November 18th
Tim
I wonder if some of it isnt as someone earlier mentioned, most people went out and bought houses at the cheap interest rates and your left with the bottom feeders. Or...... its the economy!
Way back when I was in the landlord/rental property business the best I could do was get a person out after giving up a free months rent. Now that city has changed its rules and the most they/renter can get you for is 17 days if you follow procedure. Good thing is it gives you time to get it ready for the next months rent cycle.
I went with my ex-FIL to court after this new law went into effect and the renter was told by the judge that he had two weeks to vacate, the renter told the judge that he was wrong, the soonest that he had to leave was 30 days!
Judge didnt take to well to the renter telling him his business, told him that obviously he was one of the reasons that the laws had to be changed because he knew to well how to get that extra month out of the landlord, told him to go on down the hallway and feel free to use any of the references that he needed to study up on the landlord/tenant rights but he was ordering him out in 14 days!
In that city if your wernt out you brought a deputy sheriff to the house to supervise you moving everything out to the curb, what happenes to the stuff after that is not yours or the courts problem. You dont have to store it, just move it out. Usually the volltures clean it up fast.
I hate to say this but a close relative of mine who will remain nameless was one of the major reasons that the city that I lived in changed the laws to have the sheriff present.
The relative/renter went out of town with her new boyfriend for about 3 months leaving all her posesions in the apartment, and of course no rent money for those same three months.
Landlord moved all her stuff out on his own, locked it up in storage and when the renter came back wanting to know where her possesions were the landlord told her he wouldnt hand them over until he got his money.
The renter took him to court and claimed to have all kinds of stuff, new TV, stereo, ect, ect. Landlord lost the court case and was ordred to pay this person somewhere in the neighborhood of $5 - 6000, and drop the back rent.
I know this couple real well, they've made a living out of sueing for false shid.
Well thats certainly more then you wanted to know! what was the question again.
Doug
NO it wasnt more than I wanted to know .
Im doing a self eviction of only 6 days no payment . Ar state law does not evict. It serves citations "if" they answer the door . Theres no clear settlement for me . This could legally go on and on if they hide.
This is a civil matter both ways . One of us has to sue the other one as you pointed out. If any thing further comes of it .
Tim Memphest 2006
November 18th
I didnt have time to really respond earliar today but from how I know you , it seems a little odd for you to use a mangement comapny. Unless you dont want the hassle right now and the conflict. Understandable .
Tim Memphest 2006
November 18th
I simply couldn't do all my work and my wifes end of things too. Losing her was also loosing a manager in our businesses. Not to mention all the legal and insurance issues I have dealt with in this ordeal. So I had to figure out what would be the least costly for me. I chose to learn bookeeping, filing, check book stuff and give up the day to day of the rentals.
We have bought 2 new trucks and added 2 more employees and are busy as hell. I can only assume it is because with injuries I have been unable to work but could focus more on the business end of things.
I can work to limited degree now and do so only when needed to keep a job on time or pick up some slack. But am primarily getting the new building ready and focusing on business which seems to be paying off. Time will tell I guess. DanT
That was a very good answer. Multiplied with me as an important statement.
DW keeps my books and does banking and such. She pays all bills and tracks everthing plus her own job that requires 60 hrs per week. Im afraid with out her I would throw up my hands .
Ive been working real estate lately and doing the day to day stuff with the rentals. The rentals are keeping me from being productive and Ive told her the same. Like I said , its getting tough out there . Im really hustleing now in keeping the rentals full and paying. Im dragging money out of most of the renters like being at thier house on their pay day. This has become my main business since I got sick. Just to say this wasnt the plan. Im not complaining , but I used to work full time for people and do this rental stuff . Theres no way now even if I felt like it .
Now just for shids and giggles. Several years ago I actually felt guilty that my rentals ran themselves 90 percent . I enjoyed at one time 90 to 100 percent full occupancy and the books say not to believe it if you are trying to buy rental property. I had two years at just below 100 and it was the truth . Im fighting for 85 percent right now and its taking lots my time .
If I had not waited till now , I think I should have cashed them in. Never thought I would say that.
Tim Memphest 2006
November 18th
I was at a high of 12 and am now down to 6. One is the building I rent my business so I don't know if that counts or not. Anyway we had reduced and sold a few off over the last 2 years. I simply felt as I got older and wanted more freedom of movement it would be good to have less.
Under the current circumstances it was a good idea. The management of them I always felt was our strenght and allowed us low vacancies so it was a tough decision. But I felt keeping a handle on the money was more important. I will review the decision in a year when the contract is up. DanT
Hey DanT, glad you're back to doing some posting. Your thoughts are some of the most valuable that we get in here.
My sister and BIL own ~10 rentals up in the Ann Arbor area. With that many tenants they always have at least one horror story going on, and its worse lately, with the quality of tenant they have had over the past few years slipping along with the economy.
Thanks for the kind remarks. I have kept reading all along. Just depends on my mood I guess lol. Thanks again. DanT
I think I should have cashed them in
Do you ever see a time when you would sell all the rental property or is it something your planning on taking to the grave?
Just currious, I know a lot of people with quite a few rentals and I dont know any of them that will ever get rid of them.
Doug
I use to live in a trailer park, yes white trailer trash. They only would rent the lots by the week , four weeks in advance payable only when the office was open. The first of the month.Here you cannot evict till 1 1/2 times the rent period. so if you rent by the month, you cant touch them for 45 days. Rent by the week and its like ten days.She had a old mobile home moving truck. On the ten day, she bust the blocks, cut the power and drag your trailer off her property out by the road. That woman was mean.
Edited 9/7/2006 9:41 pm by brownbagg
I would have loved to have known her.
Those kind of people are legends.
Tim
Memphest 2006
November 18th
Do you ever see a time when you would sell all the rental property or is it something your planning on taking to the grave?
I think every landlord fights that question.
What I vision Dan did was sell some for his business to expand. Thats the only thing I could imagine he would want it for because his rental investments are and were making money.
Last year I enjoyed a 35 percent increase in property values with 17 properties total. I just found that out a couple weeks ago as I had every thing I own go through a market analysis which is the best way to know the true value .
With the renters paying the principle down on the rental property , they also paid for the investment property thats idle. Not only that but this year they paid it off . They also paid for trucks , a bass boat , etc, since I got sick and picked up on the bills . Mainly though they have multiplied themselves. For a long while when they built up a cash reserve they made a down payment on another rental. They have been a great tax friend.
Still when I saw the reports , yes I would like to have my hands on that kind of money. Its very tempting and I was drawn to think about it seriously. I see rental property rents going up because right now they are behind with values of sales. I see rental property doing well for the next few years with higher rents. At least until they reach 1 percent rents to values. Some may be better than that but right now this area is below 1 percent . They will catch up when the new builds grind down.
Im staying in the saddle for now . I wanted the money to flip properties . I think I could multiply it several times . Im very sure I could double it . That would be one last run before I quit. But the rentals is the horse I rode there on so that backs me up and pauses me . I just love to wheel and deal. I just dig it .
Tim Memphest 2006
November 18th
Do you ever see a time when you would sell all the rental property or is it something your planning on taking to the grave?
A builder/developer that I work with occasionally had worked up to the point of having around 35 homes either paid off or paid way down. When he wanted to expand into another development, he just refinanced the whole bunch to raise something in the neighborhood of 2 1/2 million. He didn't have to pay taxes on that money, it being a loan rather than a capital gains liability that he would have had to pay if he sold them outright.
Sure wish I had 35 houses paid off about now!
Terry
Well, I wish I had done it at 20.
Tim Memphest 2006
November 18th
Tim-
It's funny you say that times are tough. I just got a note from my rental agent in VA that she sent out two sets of notices on properties I have. Funny that both of them said if I ever wanted to sell, I should tell them first. Maybe it's just a bad month...
As far as what can happen if the eviction is not legal, in NY you be in a deep pile o' sh*t. The state law allows for treble (triple) actual damages if you do it illegally. That doesn't count the punitive damages, if the jury allows them. I saw one company take a hit for about 60K on an illegal eviction a few years ago. In that one the building super changed the lock for the husband after he moved his wife out when she wasn't home. Only need one of them judgments to put a hurtin' on ya.
Turn off the water or the electric? Or the heat? That's a misdemeanor and the police will enforce it in a heartbeat.
Out here on Long Island, a typical eviction can be rushed through in 6 - 8 weeks. Often add a month. Cost to Sheriff $500-1500. Cost of lawyer about the same. Repairs? Your guess is as good as mine. In NYC, I've heard of evictions that take 6 months or longer.
Enjoy your system while you can.
Don K.
EJG Homes Renovations - New Construction - Rentals
Hey Don
Here on Long Island, sometimes that time frame can be expanded a looooong time by those who know how to abuse the system. I figure you to be savvy to those types.
My wife's first job was working for a lawyer that specialized in helping people NOT get evicted or foreclosed on. Instead of it being the noble cause of helping victims or people on the ropes, most of the clients were just abusing the system. Some were owners of the houses who then rented them out but were not paying their mortgages. Some were habitual clients on multiple properties. Some were repeat tenants getting free months every year. My wife couldn't stand the clients and left the firm.
Phil
Phil
What firm did the wife work for? It wasn't Nassau Suffolk Law Services was it? They do a lot of indigent work and are pretty good at it. I've been up against them a few times.
Some of the judges get tired of some of the nonsense. I've seen them refuse to hear motions and tell lawyers go to trial, I'll decide the motion then. I haven't seen too many cases on LI where they get stretched out too long, except when Nassau Suffolk or somebody is on the other side, or if the landlord is pro-se. By law, there's no real discovery and they only give one adjournment for one week, then away you go unless there's a good excuse.
I don't like to see people taken advantage of and you are right, there are some players out there. Two that I was up against (separate times) both wound up going to jail after a while for stuff they did. One I heard got out of jail and was sleeping in a park in Hauppauge.
Don K.
EJG Homes Renovations - New Construction - Rentals
Don
Nope, it was not a large firm at all. I'll tell you privately if you really want to know who. Not a secret by any means, but, well.... ya know? :-)
It's kewl when the judge is not having any bs handed to him.
But there are those habitual renters who instigate a landlord (usually a homeowner renting their upstairs) into doing something stupid like shut off the hot water or heat. Ever see the movie Pacific Heights w/Michael Keaton?
Phil
Well I suspect there is a big difference between Ar and NY.
Im quite sure the laws are different .
But using your numbers.
Its worth it . Damn well worth it .
You are probably getting 2500 to 5 grand per month out there .
Even at 1,000 dollars per month. Thats 6 grand in six months. Add three rentals like Ive just had and roll the dice paying one out in court at 5 grand . Sounds like a business plan to me.
In reality I think the chances are 1 in 10.
But anyway lets take this case Im in.
Both cells are shut off . They wont answer the door , tried twice and knew they were there . Sherriff says theres nothing he can do if they dont answer the door . He tells me its a civil case and hes not to be involved other than serving papers.
The water meter is in my name and I shut it off for non payment .
The next day the electric comapny shuts the power off .
At this point they have abandoned the property with all contents inside . Who knows why.
I request that the power comapny does not resume services which is legal afer its been shut off .
Then I rented a storage building in their name.
I took pics of every thing they have and will match what gets moved.
They are not going to get possesion back so thats out . Ill have it leased again by the end of next week.
The owner of the storage unit will take an inventory of goods I deliver . Ill make darn sure the money items are in the same shape and release it in his care with out a key for my self.
Since its a civil case they will have to bring one against me . Other than some broken dishes and what not if it happens , I cant imagine what it would be .
Ar state law levies a fine of up to 25 bucks a day against them if they answer the door . Nothing if they dont . It says Im not to use any self help method of eviction, but doesnt state either a misdemeanor or a fine . I suppose he can set one but Im not certain about that . Im not worried about it if he does. Ill be 900 to the good by next Friday by my actions and counting 600 by the month to offset what ever happens.
Im not advising my actions to others here or anywhere else . Ive been advised my actions are not criminal. I honestly believe this is for my best interrest and they will not get to enjoy having residence in my house which is worth somthing to me . I moved in and changed the locks before further damage occurred. They could have wrecked the place but they didnt get the chance . If they break in it will be criminal tresspass plus damages. Thats all I know thus far.
To move on to another point . Most of the time I can talk tennants out and if they are willing to talk I will exaust those methods. I moved the first one with two of my trailers and trucks because they stated they couldnt physically do the move. But they packed it . That was done in one day and it was a legal eviction. I had the property re rented in three days . I gained the deposit which offset the costs some . I have moved many people out by talking to them . Im at the door when they have to leave for work or Im waiting for them to get home. Often times kids help me because the parents have to be there to tend to them. What ever works .
In this case hiding was their answer . I could not deal with that legally. So I played my last card.
Tim Memphest 2006
November 18th
Tim,
On the numbers side, your are a little off. A "typical" two bedroom is around $1200-1500/month. There are lots that are higher, a few lower. But it's not unusual to be paying $600 a month in real estate taxes either plus another $150-200 for liability insurance. Those expenses cut down on the profit a little. Maybe a little better than your place but not as good as it looks up front.
Now, if you get one of the high properties, like a beach house, the numbers can go up a bit.
As far as enjoying it, I don't. Too much bs. That's why I'll pay the percentage to the broker to let her handle it.
Don K.
EJG Homes Renovations - New Construction - Rentals
On the numbers side, your are a little off. A "typical" two bedroom is around $1200-1500/month. There are lots that are higher, a few lower. But it's not unusual to be paying $600 a month in real estate taxes either plus another $150-200 for liability insurance. Those expenses cut down on the profit a little. Maybe a little better than your place but not as good as it looks up front.
That only makes it worse for you to make my point even stronger.
You have 800 per month service load with out figguring in property payments . You may own the property but that doesnt make any difference as CDs would gain 5 percent right now with out a service load. We havent talked about maintence and wont .
The fact is a rental property has fixed costs and variable costs that can be figgured per year for a total. That can be divided by 365 to get our daily cost of owning them. If they are kept on a spread sheet , you will know what you spend per year on them right down to light bulbs. Thats your true cost of service. We have to know our cost of doing business to direct our decisions in handleing them.
With that said ; Knowing the cost per day expected you will know how much money a renter is robbing from you by staying in one and not paying . But that figgure is not really complete.
Then we would have to know the profit per day we are losing in addition to be added to the loss. I also count that as business loss although I never collected it . But thats not all, lol.
Evictions have the highest rates of damage according to my records. Its very hard to accumalate those figgures and would only be a guess. I do know that when people are evicted they want to strike out and get even. Strike the point that its their own fault and forget any logical reasoning . So we could assume the longer they stay could incur more damages. Ill note here that this area has a very low percent of getting any thing from judgements. They also take time and can be expensive . As one lanlord told me , it figgures about a dollar per hour for his time . It may be different where yours are located. I do happen to notice one thing every single time . They quit mowing the grass when they get their notice. It doesnt matter how long they stay not paying , the grass keeps getting taller.
Finally , the time it takes to get the property back on line . If they stay an exta 60 days as you suggested , it might take another 2 weeks to a month to get it ready to show again if the damages are heavy. All depends, so we might add a month of lost income after they leave. Im an on site landlord so I keep that figgure down but it still holds a cost . I could be working for somone else getting paid while Im working on my own rental not being paid so its still a loss. Time is the only factor saved if I can do that. In the past Ive been on a job I had to finish for a customer when the rent didnt come in . IN that case I can be just as helpless as someone who cant do it at all. I have to stay with my previous comitment .
Tim
Memphest 2006
November 18th
Edited 9/15/2006 9:46 am by Mooney
I have been a landlord for 25 years. I owned 7 rental properties and currently down to 3. I feel your pain and gains everyday.
Would I do it again, Will I do again! Yes and Yes.
I am sure most of you have been to this site http://WWW.mrlandlord.com If you have not. Check it out. You will get a lot of info and a lot of laughs.
I just love to wheel and deal. I just dig it . I know EXACTLY what you mean! Its just fun!Brooks
In many areas if you change the locks and touch the renters stuff, YOU are breaking the law. Renters have more rights than the landlord. You have to do it by the book. In some circumstances, you could wind up in jail.
In many areas if you change the locks and touch the renters stuff, YOU are breaking the law. Renters have more rights than the landlord. You have to do it by the book. In some circumstances, you could wind up in jail.
Well, let me clear that one up for that was my main concern.
I rented a storage unit in the renters name and explained the whole thing to that owner. Hes keeping the key to the storage which puts him responseble once its in his care. Hes the bank of the stuff and keeps his lock on it as it comes in. Our agreement .
I went to the Sherriff this morning and advised I would be transporting a whole house full of stuff and gave them the renters names . I told them the deal with the storage. Just wanted them to know Im not stealing . We discussed the law and he agreed I should have my house back , but it is really a civil matter . He wont get involved either way.
Next was the integrity of what was there when I found it and what gets delevered to the storage unit. LOts of dated pictures in the camera to prove what there was there AND the condition of the property. There are also recorded times and dates to the delivery to the unit.
Its getting to seem to me its abandonment at this point . When I arrived on site today the electric had been shut off for lack of payment . I shut the water off for the same as they buy it from me . I own the meter and its in my name. Thats all in our signed agreement. This is the seccond day they havent been there , nor were they there last night .
Tim Memphest 2006
November 18th
<My third eviction in the last 30 days>
At first I though YOU had been evicted every week and a half!
;-)
Forrest
Probably more to do with tenant selection than the general economy.
Good luck on getting them out and re rented.
"It's always better to have regrets for things you've done than for things you wish you had done..........."
Thanks .
Ive got another renter for it waiting , so hopefully I wont miss a lick as Im operating off deposit money at this point .
Tim Memphest 2006
November 18th
Ah, tenants! I sure miss 'em! We sold our rental properties at the
peak. I'll try to buy more at the low point - wish me luck!
We got gypped every way possible by tenants. At the end we had an
attorney that I would just drop a fax to with the tenant's info, and
the confirm the next day with a phone call. Easy as pie.
In NJ it takes about 6 weeks, and you have to store for 30 days...
Brooks
Legal issues regarding evictions aside....
I am in a position to observe many rental properties- everything from suburban homes to fleabag motels. I'd like to share a few general observations....
First of all, there is the results of your style of management. I know one lady who's quite proud of being 'economical.' Her rental units have not had a nickel put into them since the '70's. The place was built in 1940- and has NEVER been painted. She figures she can rent it for $10 less than the well maintained place across the street.
Well, she can, and she does. For the past decade, her place has been occupied by a succession of dopers / dealers / and other undesirable. Every neighborhood seems to have one house that causes all the trouble- and this is the one! She also ends up evicting almost every tenant.... they pay for a few months, stop paying, then live free for a couple months- making promises- until she evicts.
Which brings up the second issue. Bad tenants seem to know each other. Toss one out, and another applies. I have seen them work in concert- each evictee pointing his friends to you... and the cycle repeats. It seems that everyone just moves 'one place to the left' every couple months!
A variation of this is for a 'respectable' person to rent.... then the riff-raff return, and pick up where they left off.
As I see it, the problem can be best solved / prevented by not waiting for applicants. Rather, seek out, and recruit, suitable folks ahead of time. That waitress at the place you have breakfast? Perhaps a time will come when she'll be interested in moving. You know a decent person who's living in a dump? Make them an offer...
I think one of the worst laws every pass was the one where you cannot discrimnate against who you rent your property. Once a certain crowd get in, its all downhill, we got some apartment that the rent is outrageous like $1500 compare to one up the road identical for $600. They do it just to get some out.
You can legally discriminate among those who wish to rent your property. You can eliminate those without references, poor references,
bad credit, felons, Democrats, smokers , failure to complete the application, etc. You cannot however discriminate on the basis of sex, race, familial status (ie children).Landlords just need to have an application form and actually check the information for each applicant. Many times those with poor references or whatever will not even return an application. I always figured a rental unit was better empty than rented to someone who wouldn't pay the rent and was trashing the place in the meantime.
up here in CT the bleeding heart liberals saw to it that it takes six months to throw out a deadbeat. all that time he needs to pay no rent.
some deadbeats go from rent to rent only paying the security deposit and the first months rent in advance, then its six months of free rent
in the courts eyes the landlord is the perpetrator and the deadbeat is a victim if you try to evict
if you want to own a multi here you better have strong ties with the local motorcycle clubs
W E L L ,
Its ended . maybe .
The people called and wanted their stuff after abandonment of it . They had called the SO Sunday night and a deputy called me . I agreed to let them have all their stuff that was left in the house but also told them I had hauled stuff to a storage building in their name .
Monday I unlocked the house and let them have it for the day while I worked on other stuff . I got back to inspect it that night and they had caused more damage but all of their stuff was gone except a bunch more trash.
I hired a lady to help me and we got it ready to show Wed morning by paper time . [weekly] At 12 noon Wed I had wrote another lease and pocketed 950 dollars cash. 3 evictions and one lady that moved was 4 vacancies inthe last 30 days .
More later .
Edit :
They never picked up the stuff from the storage building . Still waiting on that.
Tim
Memphest 2006
November 18th
Edited 9/14/2006 6:08 pm by Mooney
I'm glad things are looking up for you.
"It's always better to have regrets for things you've done than for things you wish you had done..........."
So do they have to bring a check to pick up thier stuff? How does that work? If they want the stuff in storage do they have to pay the storage cost? The back rent? Some back rent?
Aint never been evicted but maybe I need to get my ducks in a row.
So do they have to bring a check to pick up thier stuff? How does that work? If they want the stuff in storage do they have to pay the storage cost? The back rent? Some back rent?
I will pay for the first months rent on the storage building . Storage owner will then end up keeping their stuff after 60 days if they dont pick it up.
They can pick it up now for free and during the 30 day paid period.
TimMemphest 2006
November 18th
Scrapr: You can't stand between a tenant and his possessions. Its called distraint, and REALLY makes judges mad. You only need store the tenant's stuff for 30 days here in NJ, and you can dispose of as you see fit. Appointments for tenant to get his stuff are at reasonable business hours.I would have photo'd everything, and then moved EVERYTHING into storage. That way there's no reason for the ex-tenant to come onto the property.Brooks
You got lucky.You stole their possesssions. The same sheriff who said the eviction was a civil matter may still come after you on a criminal matter. (He will also go after the storage operator for possession of stolen goods.)You should be in jail. I hope you wind up there.
uh, Tim.....?
Have any of your ex-tenants had the initials ........
GHR?
"It's always better to have regrets for things you've done than for things you wish you had done..........."
IC
Its 7 days latter and thats still funny!
Doug
Thanks.
I got to say though, here's a good story on a tenant.
Just got back from a trip out to a property I have near Austin and my young tenant reminded me that he will be moving at the end of the year. Has a new job after graduation from college ( masters) and will be relocating to another state.
This kid has been a real good tenant. Never late on rent. Keeps the place nice. Always asked if he could help whenever I was around doing anything there. Says he may have someone interested in it when he leaves. Real nice kid.
Just thought I'd throw that in.
"It's always better to have regrets for things you've done than for things you wish you had done..........."
Ummm, too much to drink or just a bad day? The guy is just working through the process of getting rid of dead beats and he even took the time to check with the local law enforcement folks to ensure he handled it correctly. And keep in mind that since your profile is not filled out and we have no idea where you live we can't compare state laws as far as tennant rights, they are different state to state. DanT
You must not be reading the whole thing.
If you did read it all , its an ignorant statement .
Tim Memphest 2006
November 18th
GHR has made a LOT of ignorant statements on this board, and almost no helpful ones. If you criticize him he runs to the moderators and complains.I think it's best to just ignore him.
We need too restore the full meaning of that old word, duty. It is the other side of rights. [Pearl Buck]
Perhaps you could give references to the eviction laws that allow for your actions.Lacking such references I will go with my statement of theft on your part.
GHR,
I would suggest "YOU" do some research before calling anyone a liar and a thief.
It sounds to me that Mooney was quite even handed in dealing with the dead beats. It is especially difficult to deal with tenants that are also/at one tme friends.
Eviction laws obviously vary by state--But in Louisiana they would be out in less then a week, with their chit to the curb.
http://www.legis.state.la.us/lss/lss.asp?doc=112073
I've never had to go thru the legal eviction process--but I have removed the front door for extensive overnight repairs on some truly pestilent tenants.
On others I've jumped thru hoops to help them move, accepted partial payment or barter for rent.
If you work with me and I'll work with you---- Try to cheat me, and here comes the hammer.
I've never had to go thru the legal eviction process--but I have removed the front door for extensive overnight repairs on some truly pestilent tenants.
On others I've jumped thru hoops to help them move, accepted partial payment or barter for rent.
If you work with me and I'll work with you---- Try to cheat me, and here comes the hammer.
For the most part thats true here . If I can talk to them , I normally can settle it . The majaroity I can talk into paying or help them leave . Ive often set up separate payments for them to catch up . When that method is exausted then we have to talk about moving as quickly and painlessly as we can make it for them. Im quite happy to move them with their help and even fork out the money for a storage building so my rents can continue with out missing a beat. Ill even clean up their mess and trash.
I will also note than an official eviction notice most often gets results if its delevered by a law officer.
But to lock themselves up in my house and not answer the door is not dealing with me . Hiding is not an option I can handle . That happened on all three of these evictions. We all have to make our own choices.
Tim Memphest 2006
November 18th
So true....... These are some of the reasons I've started shying away from residential properties and moving toward commercial.
As I stated its not with in the eviction laws . No self help methods of eviction are to be used according to the wording of the law.
While its not noted as a legal eviction, its not theft of property either.
Theres also a case of abandonment to be answered since after I turned off water and the power company turned off electric , they totally abandoned the property.
Under lease it says that the renter must keep utilities turned on at all times . Not only did it get turned off for lack of payment but they just left leaving every thing there .
Under abandonment law I can do what I see fit with their property. I dont want their stuff so I rented a storage in their name .
I also went to the sherriffs office and informed them of what I was going to do before I did it . I was advised by the sherriff to get my property back.
While I dont contend it was all legal and dont advise my actions to anyone , it certainly is not theft . I will answer it in a court of law if I need to and thought it out before I did it .
They do have the right to bring suit against me . If they choose to do so I will meet them in court with a counter suit of damages.
Now to the purpose of explaining the action.
I stated the laws were very lax as the law itself doesnt evict . They dont punish the renters for damages and dont make them pay over due rents. I can get a judgement but nothing happens . They never lock them up or charge them with anything. So its made me wonder what they would do to me ?
As a matter of fact , I visited a friend that has over 100 units last night . Hes been in the business for 35 years.
I asked about self eviction and the consequences.
One renter took him to court for moving their stuff . They asked for 1100 dollars because he handled it . They didnt want it anymore. He said no and they went to court and the renter won the suit . He took it to district court and lost the same judgement of 1100.
That was 5 years ago and he has still never paid it . He assumes since the law doesnt get money for his judgements why this would be any different . The law has never came after his money either so it sits.
I just state this ; If we play by the law and let the smart ones get away with free rents, the numbers run into the thousands . We have to make busuiness choices of the way we do our business . To each their own with their decisions . We have courts where we all can fight it out so its not like any one cant get represented.
On a final note to you ;
Unless you have been there with four houses not paying rents at once while you are having to make the payments out of your pocket , you really cant judge. Since three families are living in them scott free . The bank is looking at Tim . The family looks at Tim to put money in the house hold account . Bills must be paid requardless if they choose not to pay theirs. Theres a very bad feeling that comes over me when I write the checks for those mortgage payments and those people are living in my houses laughing at me . Sure doesnt make me want to wait 3 months for the law to handle it . You wouldnt know unless youve been there how that feels . My mortgages are being paid and my rents didnt suffer interruption except for a matter of days and the deposits filled those days in . My family and I worked on someone elses mess throughout Labor Day weekend instead of doing what we wanted to do while they enjoyed themselves camping . Go ahead and cast your judgements and as you say let them stand .
Tim
Memphest 2006
November 18th
Like I said - Might as well ignore the guy.
Animals don't know what failure is . . . If Max (the squirrel) can't open a nut, he simply tries another. He doesn't wallow in self-pity or swear to subsist on tree bark for the rest of his life. [Michael LeBoeuf, "Working Smart"]
As I recall you were reported to our hosts for libeling others. It appears you have changed.You seem to have mellowed.
GHR, here's what you're looking for.....
GRH, you are an azzhole.
You know it, we know it.
Joe H
"GRH, you are an azzhole."
You're right, but he's probably already turned you in to the moderators.
Ex-wife for sale. Just take over payments.
Guess I'll be moderated then.
Won't change anything, he's still an AH and he can't moderate that away.
The mirror tells all...........
Joe H
Well, you can obviously say whatever ya want. I just don't want to see anyone get in trouble over someone who's basically a troll.
Bosses are like legs. When they get to the top they become asses.
These trolls can certainly mess up a good thread.The bitterness of poor quality remains long after the sweetness of low price is forgotten.
OK, Fellas, let's take a breath, and grow up. Just because one guttersnipe chimes in, it doesn't mean we have to join him in acting the fool. Let him swing in the breeze. Such type hate being ignored more than anything. Eviction is fraught with legal peril, and assumed attitudes... with hard feelings and high emotions near behind. Now, I defy anyone to come up with an eviction issue that has not been dealt with, by the courts, thousands of times. And, while local laws and procedures may vary somewhat, this is a basic outline of how things usually work: The owner asks someone to leave. When they don't agree to do so, he asks the court to do it. Ultimately, at a certain time, the Sheriff comes and dumps all the contents on the curb. If it's not collected, the owner gets to call the trash company. When someone leaves, and leaves his stuff behind, the owner typically is required to safeguard it for a period, just in case the tenant returns. Generally, he's not allowed to charge for this service- but some places will allow for collection of money spent. I am not aware of any place that allows property to be held for ransom, for money owed, or for the stuff to be sold, until after the required holding period. Just because he owes you rent does not mean you get to keep his stereo. It's pretty lame to cry 'thief' after 'stealing' rent, though. This may be difficult for many to understand, but almost all of us are just a few steps ahead of disaster. The "big" landlord, the "evil" employer, the "simple" working man. There is also the outrageous thought that folks ought to live up to their promises. I have already posted how "poor practices" by the landlord might leave him walking a trail of tears. Most of us can recall times we've been 'done wrong' by folks who were mistakenly thinking that we were a bad risk.
I think GHR might be another name for rjw, et al.
"It's always better to have regrets for things you've done than for things you wish you had done..........."
Hey,rjw may be an AO in the tavern, but ya gotta admit, he doesn't talk bs out here.SamT
I'm not in complete agreement with you on that but I respect your opinion.
"It's always better to have regrets for things you've done than for things you wish you had done..........."
"Since after I turned off water"At that point your future actions toward their property became theft.---If you don't know how to be a landlord, you should get out of the business.
Do you enter in to these discussion just to instigate other posters?I cannot remember anything constructive that you have offered here. Am I misreading you?
Jon Blakemore RappahannockINC.com Fredericksburg, VA
I think that pointing out that the process the original poster used was theft and was illegal (and the original poster admits it was illegal) is helpful.I can more more to this...There have been comments in this thread that one a court judgment is made the court does nothing to help in collecting.In both MI and CT the courts, small claims courts at least, have a document they give along with a judgment. It indicates the correct process to collect and what assistance the courts will give in collecting a judgment.---You might notice that the tenant's property was given to a third party - a storage company. (Seems some type of "pretexting" was used.) That storage company has no contractual relationshp with the tenent. Regardless of how they dispose of the property they are exposed to civil and criminal action.If you own a storage facility, I would suggest you sty out of such situations.---Now you can tell people I have given help.
Upon reading your points, I read all the posts by Tim Mooney. It seems that this is somewhere between illegal & legal. He did inform the Sheriff so that tells you something about the Sheriff's view about it.Let me ask you, what would you propose Tim do in this situation?P.S.- Who is "GHR"?
Jon Blakemore RappahannockINC.com Fredericksburg, VA
A few more times I have helped people ---Just today I made a post referencing the National Design Standard for Wood Construction. It should help anyone using lag screws - which was the issue being discussed.A few days ago I made a comment about the APA website having a correct nailing schedule for 1-1/8" plywood flooring. It appears that others had given nailing schedules that would reguire an engineers stamp. Following the APA website schedule will save the poster an engineering fee.A while back (this is why the fellow named for a buffoon dislikes me) I posted a comment that a buffoon's formula for floor vibration was wrong. I suggested that the correct formula could be found in any engineering text that deals with the vibration of plates. Again my comments will if followed save people problems---I am more helpful than I would have thought. (Of course, some people will object to their being wrong, but who would believe a fellow named for a buffoon.)---I try to limit my comments to areas where people are giving wrong or bad advise.
That's wonderful.So what would think Tim should do with a renter that has abandoned the property?
Jon Blakemore RappahannockINC.com Fredericksburg, VA
"I try to limit my comments to areas where people are giving wrong or bad advise."
Ahhh, the arm chair quarterback approach. Wait till someone else steps out on the limb then saw it off behind him if possible. Don't step out and offer your advice first.......just wait till you can make someone else look bad. Safer that way. No chance of looking bad in front of everyone.
Guys like you are usually in bars most eveninings telling everyone how the rest of the people in the world screw things up and given the chance you could do it better. So you must not drink. Good for you. DanT
You might notice that the tenant's property was given to a third party - a storage company. (Seems some type of "pretexting" was used.) That storage company has no contractual relationshp with the tenent. Regardless of how they dispose of the property they are exposed to civil and criminal action.
If you own a storage facility, I would suggest you sty out of such situations.
I already stated too that the storage building is in their name and I paid the first months rent . I no longer have the key. So, in fact they are tied to the third party.
You been a big help.
Tim Memphest 2006
November 18th
BTW , you never answered my only question.
Memphest 2006
November 18th
I think you're too nice. might even be hurting you? my lease form says that any property left in the house after they leave becomes my property. it annoys me enough to have to come out and pick it up that if it's valuable it's sold to recoup the costs of my time and aggrivation.but then, I've never had to evict somebody, just had them leave their stuff in the house for a week after vacating. haven't heard from them, so I guess they didn't want it. it's about to hit ebay.I would think being so nice might encourage them to take advantage of you? no way I'm paying for storage. you want it back, give the nice man a check for his locker.
You've mentioned how its done in a couple of places but Tim doesn't live in either of those.
Here where I'm at the landlord would have the guy in court within a few days of him (tenant) not paying the rent and the judge would give the tenant 14 days to evacuate the premises. After that period if the tenant was still their the landlord would show up with a deputy sheriff to witness the removal of tenants property, which would be set out on the curb for every tom, dick and harry to pillage, and they will!
But how its done here and the two places that you mention have very little to do with how its done in AR, which is where Tim resides.
Go back and re-read the whole thread, Tim did seek legal advice on this, hes not just shooting from the hip.
Doug
Where do you live?
I just moved back here from Texas and am living in Middle Amana, at least for the time being. Don't know how long that will be but we do intend to stay close, my wife works in Williamsburg and I work in North Liberty/Coralville area so the Amanas would be convenient.
Doug
When do you expect the first snow? We want to know so when we are still sweating it out down here we can think about you shivering up there.
Glad that everything worked out for you on the move.
"It's always better to have regrets for things you've done than for things you wish you had done..........."
Ahhhh, the first snow, cant hardly wait!
I don't shiver, I can stand the cold fairly well but I've seen you guys down there when it gets down in the 50's and most of you Texans, especially the new ones from south of the boarder do not hold up very well under the harsh conditions! :)
I have to make a few more trips down there before November so I'll still get a little taste of the warm weather. I still have a son in San Marcos, his wife is over in El Paso (shes in the Army) awaiting deployment to somewhere unknown to her at this time. She thinks shes going to Israel or Japan, not sure yet. I'll probably come down to help him move so even though I've moved I still have to keep making that damn 16 hour drive.
Doug
That is a long drive. Only about 6 hours longer than driving from Austin to El Paso though.
It get's to 50 deg and we break out the heavy coats down here.
"It's always better to have regrets for things you've done than for things you wish you had done..........."
yer ugly.
'Nemo me impune lacesset'No one will provoke me with impunity
And who am I typing to?
I guess if I was stealing they would have already arrested me so I dont guess they agree with you.
Tim
Memphest 2006
November 18th
Edited 9/15/2006 5:47 pm by Mooney
I think you have treated these people fairly and probably better than many landlords.I have told this before but I have a friend who is a landlord and when a deadbeat stops paying, she goes in to the dwelling and "cleans house" She takes their belongings and keeps them til she gets the money she's owed.Another thing she does is buys rental properties (single houses or duplexes) and she immediately evicts whoever is living there. Even if the tenant has a lease. She doesn't mess around and I think she comes from a perspective of being burned in the past and she's not gonna let that happen again.As far as I know she has not gotten into any problems doing this.^^^^^^
S N A F U (Situation Normal: All Fouled Up)
why evict the existing tenant? I like houses with existing (good) tenants.
Do you love those who steal money from others which they agreed to pay? Even among thieves there is a certain amount of honor. Where do you fit in with them?
Tim, thought of you when I saw this one.
http://www.craigslist.org/about/best/bal/208055878.html
A Note to Renters from the Evil Landlord
Date: 2006-09-16, 9:21AM EDT
Ok, let's start at the beginning.
I'm not required to paint your entire house or apartment before you move in, not by any code, law or statuate. It was so nice to meet you when you came in with your digital camera and your back up friends and your notepad and told me what a releif it was to FINALLY see something in this town that was not a dump with wall to wall carpeting. You also looked like a stable person. Welcome to Baltimore, let me help you with your luggage. Here's a map and a restaurant reccomendation and a lease. I understand, I understand, you're right, there's a smudge on the wall, let's get that taken care of right away. New caulk in the bathroom? Ok...better water pressure? Uh, I'll try.
Let's talk about leases for a second. Do you think I made this stuff up? Do you think I haven't gotten screwed like 70 times because of people like you?!!! Please don't try to tell me what is typical or not typical in a lease. What the hell do you know about typical? You're 22 and you don't know anything! That's probably why you call my office to ask me to send a $30/dollar an hour worker over to your house to change a light bulb you can't reach. Are you a child? You didn't have trouble reaching the ceiling when you sponge painted your bedroom puke orange. Or how about a frantic e-mail that you're "freaking out" because you saw a mouse. What should you do? What am I planning to do about this?!!
Why don't you call your father? He's a lawyer and he can send me a letter about it. Um, did you ever consider washing your dishes? Putting your freaking pizza boli box in the garbage? You're going to have so much more than mice in your life. When you call for maintenance you should at least put away your bong.
And don't send me a list of things that MUST be done. I'm supposed to think you're really meticulous, right? By the way, your circuits are flipping because you have 5 computers, an HDTV, 4 regular TV's and an extra refrigerator in your house. It's a HOUSE not Walmart. Please don't tell me that the electric is bad.
Oh and here's another thing. Leave your cats and dogs back with your parents. If I walk into one more house and smell stinky cat box - meow-meow-meow. Aren't cat's neat. Is it because you're a student and can't afford cat litter? Or you don't have a car yet and don't want to carry it all the way from the Rotunda. You really shouldn't have an animal. IT'S TOO MUCH RESPONSIBILITIY. You don't even walk your dog! I came in and it had peed all over your kitchen floor and there was #### all over your basement. You don't love your dog. You love yourself. I should call animal control and have your animal CONFISCATED. Don't try to tell me that you grew up with dogs and that you are responsible. You're so NOT. You're too busy watching DVD's and getting stoned to walk your animal. Hopkins is going well, eh? You've got a flat screen? oooh- impressive. It looks great next to your display of beer drinking paraphanalia.
But you're right. I'm such a crappy landlord and you're such an ideal tenant! That porch step was very dangerous, you were right and it needed painted. I endangered your well being with that porch step. I understand that when you're really drunk it's sometimes easy to trip on a porch step and become injured. Hey, same for that sticky tar roof you were trying to sunbath on. Sorry about that.
I just want to tell you though how great that big plaid couch and recliner look on the front porch now. I guess that's normal wear and tear when 12 people sit on the porch grinding cigarette butts into the floor as if it were an ashtray. I just want to tell you how much the neighbors like it too. It all looks nice against their bird feeders.
But your house is on the INside right. The outside is for other people to worry about. I know this is a city and it looks messy but why don't you stop for a moment and think about why. Let's talk about garbage. If you're such an environmentalist then why don't you put your garbage in the can and put the lid on the can. Is it too gross to touch that awful can? Well your whole foods garbage is always spread all around the alley and I'm so sick of going out there with my rubber gloves to pick it up for you. Is this part of growing up in a familiy of lawyers with a family dog that you don't walk and litigation to solve every light bulb that burns out? Do you think it was ME that chewed a hole in that bag or did it ever occur to you that the rats you are feeding behind your house are the same ones that are going to come in your basement and FREAK YOU OUT as soon as the weather gets cold. Then it's going to be my fault and your brother's old lawyer friend from New Hampshire is going to write me a nice threatening letter about how I'm endangering your health.
Way to be peaceful man. Why don't you go stand on Charles Street and wave a sign that BUSH SUCKS. I think YOU SUCK because if you can't make peace with your neighbors then you don't even have a right to stand there and say why anyone else sucks. Why do I have to get phonecalls from your neighbors about how you can't get along, can't be PEACEFUL, about how you said "#### OFF" when he asked you to be quiet in the middle of the night. You said "#### OFF" with your face full of organic junk food and a heart full of narcissistic poison.
Wow, a year already? And now you're going to find a better rental. Fresh start right? No more roomates. No more beer bong and you WANT EVERY FREAKING CENT OF YOUR PARENT'S SECURITY DEPOSIT BACK. Please tell me that that was how it looked when you moved in. Please tell me that this is normal wear and tear. Please tell me that your cat didn't have fleas. Please tell me that it's your right to keep every stitch of your clothing on the floor and that I can't force you to clean up while I'm showing your house. That's right, you have FINALS as well as mother issues. Please be sure to tell the people trying to step over your piles while they look at your house that the neighborhood is, you know, OK.
When you get a job, I hope you have to appear in a cubicle at 7:30 every morning. I hope your neighbors keep you up all night with their party. I hope you try to buy some real estate thinking that you can escape from the grind. I hope your tenants are Hopkins Undergrads
just
like
you
and I hope you'll think back to this rant just before you head outside with your rubber gloves to clean up someone elses garbage.
WHOA! Going off on a rant is a lot like peeing in a dark suit- it might make you feel warm all over, but no one else notices :) One thing I really, really detest about schools these days is that they claim to "teach you to think"- yet fail to also teach you to learn! Believe it or not, 99.9% of what we encounter has been dealt with before, often for several centuries. Almost every issue or idea has been looked over by the greatest minds in history. So, before one goes about re-inventing the wheel, it behooves you to look and see what others have done. Landlord / tenant issues are a classic example. There's been very little "new" since Shakespeare was learning to read. It's no accident that certain leases have become common, or that certain laws have been passed, or that certain procedures have been followed. Finally, we live in a society where "rights" are held in check by various means. One of them is called "the marketplace." Folks do a pretty good job of adjusting their priorities to fit their pocketbooks. You want a cat? Sure- how about a damage deposit? You move, and we disagree- well, we have impartial folks to step in and help us reach an agreement. They're called 'judges.' That is why it is so important that communication be clear, and the proper forms observed. If you can't be bothered to follow the rules, well, we have a title for you: criminal. Otherwise, the marketplace plays no favorites. Paint the place? Sure, there's no law. But the 'law of the market' makes that one way to attract a tenant (customer). And that's what it's all about; a property manager / owner is not a "Lord" so much as a "merchant." Just like the corner store, how you run your business has a large effect on whether your customers are saints or sinners.
wowMemphest 2006
November 18th