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Author Topic: My eviction experience... thus far  (Read 19305 times)

Offline bovine

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Re: My eviction experience... thus far
« Reply #30 on: October 07, 2007, 08:53:36 pm »
donaldshi-

 I completely agree that if you can have the seller remove the problem by all means do it. But from what I've read here some of the best deals come from distressed landlords. If you remove the problem of them having to deal with that F*ed up tenant then that may earn you a huge discount.
Only 1 previous eviction I can positively confirm. They put the last 4 digits of her SS# on the complaint. I think I will do this if warranted in the future.

On a side note I Googled the legal aid lawyer my tenant(trespasser) has and found an interview she gave with a local newspaper. In it she is quoted as saying "While we are limited in terms of how much our agencies can do in court, we can often "buy some time" for the client by providing information and advice..."  Amazing considering she has been the owner of numerous rentals in a condo building. I guess she never got burned.

Offline bovine

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Re: My eviction experience... thus far
« Reply #31 on: November 15, 2007, 08:19:21 pm »
Just wanted to give a little update to all. She is still in my home but her attorney told the court last week that she had found a place and would be gone by next week.... Yeah right we'll see. The procedure has been drawn out by the fact that she asked for a jury trial and thus I had to answer a set of interrogatories and submit my own set of interrogatories for her to answer. Her lawyer of course said my Answers were incomplete, which they were not. That bought her another 2 weeks. Now she claims to have found a new place so the judge gave her another 2 weeks. She can easily come to court after the 2 weeks and drag this out some more. I feel lucky that the judges I have been before have honored my request for the "soonest possible date". Most of the lawyers who are representing clients all seem to ask for a 30-day continuance. The ones that do fight still seem to only end up with the same 2 weeks I get.

I did not use a lawyer even though that would/might have been the best thing to do. I said previously that I would hire the lawyer but after sitting in on numerous hearings it seemed that 90% of jury trials were settled before the trial and the rest the judge ruled in favor of the landlord. If you have more time/patience than money you can do this process yourself. Follow all the rules about serving and filing the notices correctly and keep written documentation. It may take you more time because some people seem to respond better under the threat of authority i.e. police or other members of the judicial system. If you've got the money then by all means hire a professional gun. I talked to 2 lawyers whose style in court I liked and they won. After their cases I spoke with both about my case and their fees. Both were about $200 per hour with a $1500-$1700 retainer.

If anyone knows a good R.E. lawyer in Chicago with much better rates for evictions please PM me.

Offline Bexo

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Re: My eviction experience... thus far
« Reply #32 on: November 16, 2007, 03:04:34 pm »
I guarantee that the attorney fees would have been far less than what this will total when all is said and done.  Stop screwing around and get a facking attorney!!!!!!!!!!

Offline Salverston

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Re: My eviction experience... thus far
« Reply #33 on: November 16, 2007, 04:09:30 pm »
Geesh!  It has been two months Bovine - stioll going!

You have many thousands of dollars tied up in your property.  The tenant and the candy smile legal aid will just keep sticking you as long as you let them.  next two weeks is that there will be a delay getting into the next house and it will be another 2 weeks.  Get the blasted lawyer and be done with it.

A firend of mine played the same game you did, always expecting it would be done on the next court date.  The legal aid candy smile drug it out for 15 MONTHS!

Gert the fracking lawyer NOW - cheap or not.  Get the Fracking lawyer NOW! :guns

Offline missjen

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Re: My eviction experience... thus far
« Reply #34 on: November 16, 2007, 07:41:26 pm »
See, this is why I am afraid of landlording.   :shocked
 

Offline bovine

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Re: My eviction experience... thus far
« Reply #35 on: November 26, 2007, 08:14:45 pm »
Update-

Of course the tenant did not leave last week as her lawyer told the court she would the last time we were in court. The Judge gave the tenant 2 more weeks, and said that if she is not gone by then he will automatically rule in my favor on the grounds of non compliance to the order. This is what I've been wanting from the beginning. Would a lawyer have gotten this sooner?
I'll update when/if she leaves.

Offline PropertyMaster

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Re: My eviction experience... thus far
« Reply #36 on: November 27, 2007, 12:44:39 pm »
I did not see your location.  In my state of New Hampshire, I don't think this would have happened because the landlord-tenant law is fairer.  I didn't say fair.

One of the best advantages a good RE attorney can give you is credibility.  A responsible housing court judge will tend to trust a good attorney more because she or he knows the attorney is also responsible. 

And a problem that we have as small landlords is that, because we fortunately don't go before judges that often, they don't know us.  We might be honest, we might be full of it, the judges don't know.  I would always recommend an atty for legal evictions for these reasons.

Good luck.

Offline kdhastedt

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Re: My eviction experience... thus far
« Reply #37 on: November 27, 2007, 02:22:34 pm »

Bovine is in the Chicago area...hard-core blue mamby-pamby judge-land.

Keith
I have CDO...it's like OCD but in alphabetical order - the way it should be!

Offline DavidN

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Re: My eviction experience... thus far
« Reply #38 on: November 28, 2007, 12:28:33 pm »
Bovine, sorry for your situation, but yours is just another perfect example of how broken the legal system is and how the low lifes and criminals have more rights than the rest of us.

Mike, while I love these boards, you seem to constantly preach your IRON FIST landlord ways and anyone who disagrees or has their own approach either doesnt know crap or hasnt been a landlord for long. 
I had made the same buyout suggestion Lucky did awhile ago which you quickly dismissed as stupidity,  you know where I learned that from?  The TOP members of my local REI Club, guys worth big $$$$$$ and surely not hanging around forums. 
Each situation and tenant is different and nobody is saying to setup some buy them out everytime they stiff you program, but the instant you play super tough guy and back them into a corner, you end up with trashed apts and still NO money as these scumbags have nothing to lose anyways.

These forums are the greatest for exchanging opinions, the instant they start getting mixed in as fact is what I have issue with.  :rolleyes
« Last Edit: November 28, 2007, 12:30:10 pm by DavidN »

Offline propertymanager

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Re: My eviction experience... thus far
« Reply #39 on: November 28, 2007, 04:07:47 pm »
Quote
Mike, while I love these boards, you seem to constantly preach your IRON FIST landlord ways


Expecting the tenants to pay the rent is NOT "IRON FIST" landlord ways.  If you want to pay people to steal from you - have at it!  If you want every deadbeat in town to know that you're a weak landlord  -  have at it!

Quote
...you know where I learned that from?  The TOP members of my local REI Club, guys worth big $$$$$$ and surely not hanging around forums. 


It seems to me that you are very foolish to hang around with the ignorant hillbillies here!  After all, you have access to great advice from smart investors worth big $$$$$$$$ and they are certainly too good to hang around these silly forums!  I'm sure that no one here is offended.

Mike
www.1MinuteToRentalPropertyRichs.com 
This No-Hype, No-Nonsense Book is a step by step course in making money and building wealth with rental properties!  Everything from buying properties at a discount to dealing with terrible tenants.  Now In Paperback!

Offline DavidN

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Re: My eviction experience... thus far
« Reply #40 on: November 28, 2007, 04:28:22 pm »
Quote
  I'm sure that no one here is offended.

Mike

You seem to be.

There are people who know more than you out there man, dont take offense to it, just learn from them like we all try to do.    :bigthumbup
« Last Edit: November 28, 2007, 04:32:15 pm by DavidN »

Offline propertymanager

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Re: My eviction experience... thus far
« Reply #41 on: November 28, 2007, 04:45:42 pm »
I'm afraid that I don't want to learn from anyone that teaches paying someone to steal from me.  In my opinion, that's just plain stupid!  But then again, I like hanging around with the people on this forum and I don't believe that everyone here is unsuccessful because they like to socialize on this forum.

Mike 

www.1MinuteToRentalPropertyRichs.com 
This No-Hype, No-Nonsense Book is a step by step course in making money and building wealth with rental properties!  Everything from buying properties at a discount to dealing with terrible tenants.  Now In Paperback!

Offline DavidN

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Re: My eviction experience... thus far
« Reply #42 on: November 28, 2007, 05:18:22 pm »
Mikey buddy, relax, i love this forum but merely make the point, there are MANY different ways to achieve an objective, and whether you like it or not, sometimes you bite the bullet to save money and time. 
The low lifes have more rights than we do whether you want to admit it or not. 
I'd love to kick their ass to the curb and pitch their things out the window as much you or the next guy but were stuck playing by the broken systems rules.
Why do you continue to insist on trying to make it like I was bashing the forum members here? That  comment about hanging in forums was jesting poke about hanging in forums, I'm here too arent I?  :anon

Offline Rich_in_CT

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Re: My eviction experience... thus far
« Reply #43 on: November 28, 2007, 05:29:19 pm »
Rather than pay the tenant the poster should have paid an attorney and been done with it.  The extra cash loss was self inflicted.

Offline Funder

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Re: My eviction experience... thus far
« Reply #44 on: November 28, 2007, 09:43:31 pm »
There is a point that is being overlooked here.  From a legal standpoint, anyone can sue anyone for anything.  Landlords have a particular tendency to get sued for discrimination.  I can’t tell you the number of times that I hear landlords say the dumbest things about their properties they make slurs about race, familial status, sexual orientation, religion, gender…whatever.  Landlords rent places to live.  People need someplace to live.
One of the surest ways to lose a discrimination lawsuit is to run your properties in a sloppy way.  Treating tenants unequally constitutes discrimination.  If you take one day to fix one sink, but you take three weeks to fix a different sink, you could be sued for discrimination and lose.
Aside from the ethical consideration of whether you should pay a section 8 tenant who has been evicted three times and leave this predator in the market to screw other landlords over, there is a liability consideration.  If you pay this person to leave, but you will not pay every one of your delinquent tenants to leave, then you are leaving yourself wide open for a lawsuit. From the people who are most likely to sue you.
You say that you successfully sued large insurance companies in tort trials.  I have a hard time believing that you did that without a lawyer.  You complain that if you would have had a lawyer he could have pushed the tenant or judge into this or that.  If you would have had a lawyer, you could protect yourself from being sued by all of the eviction tenants, past present and future, for making mistakes in the eviction process. 
Lawyers are not in the business of kicking deadbeat tenants out of their homes (although for $500, I can pay any one of many who are real good at it).  Lawyers are in the business of knowing the law, and representing people who need to interact with the judicial system.
Here in California, the eviction process is fairly complicated, but it involves serving the tenant papers, filing documents with the courthouse, and it could involve getting a judgment or going to trial, or both.  The reason that the tenant gives for going to trial does not need to be anything worthwhile.  An attorney can get an eviction faster and protect a landlord better than anyone deciding to go it alone.
There is a scumbag attorney in the Santa Barbara area, who finds tenants who are going through an eviction, and for a small fee, can throw so many problems into the legal process, that tenants can live there for free long after they should have been evicted, especially if the landlord does not have adequate legal counsel.  This guy can teach the tenant how to be a professional tenant, living for free, and using the law to protect themselves from being forcibly removed.
Don’t think of what an attorney could give you, think of what you are giving up by not having a good one on your team.

Just my opinion

 




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