Posted on 09/02/2020 7:26:46 AM PDT by eastforker
So, not much info out there yet. I currently have a judgement against a tenant that was awarded monday august 31 the day before the order, they were 3 months behind plus utilities.I have to wait 7 days to get a writ of possession before the sheriff actually puts them out.
I know my in-laws just got a judgement to remove a tenant, but the non-payment wasn’t used, it was the presence of a prohibited dog breed that got the results. Am interested in what comes out of the thread, we have a few rentals, they’ve got a pile.
Good luck.
You have my sympathy.
It depends on State Laws.
Good thing you don’t live in OR.
It is almost impossible to evict someone.
I know a friend who lost her home back around 2005 because an Indian refused to leave her home in OR.
The clerk of the court will tell you everything you need to know. It’s a well oiled process. They will give you the paperwork to take to the sheriff. Total cost here around $600. Hope you don’t find damage. Best wishes.
I only have 4 rentals, 3 of the 4 pay on time always. But this 4th on, when we rented to them I left utilities in my name since they were short for deposit. So I have also been paying their utilities since I have been told I can’t have them turned off. So not only am I not being paid rent I have to put out an extra $300 a month plus.
so, they were a problem to begin with . . .
With the new Executive Order, it may be more difficult if not impossible to evict a tenant. Just consider it to be the government forcing you to be very charitable to your tenant.
What’s a year or so with no rental income but while keeping the obligations of mortgage, insurance and property taxes?
Bad strategy to ever put tenant utilities in your name. If they couldn’t afford that was your clue not to rent to them
Sounds like it’s all going by the book. When the sheriff gets notice, an appointment will be made for the sheriff to go to the property. You or a representative needs to be there. If the tenant is there, the sheriff will have them vacate. Any tenant possessions left behind can be moved to the right of way of the street (means moved to the area against the curb of the street generally) You should make an appointment for the same time to have a locksmith change the locks.
What typically happens is the tenant and some possessions will be gone when you get there. They usually leave a lot of crud behind. What’s left goes to the curb and is no longer your responsibility. The sheriff will tell you where to put it. Change the locks!
This is all going to depend on your location. I suspect here in Texas the CDC order will be followed, almost certainly in the big cities. Non payment of rent will not work for eviction, some other things like say a meth lab will work. I suspect Gov. Abbott or our State Supreme Court will issue some guidance.
My take as well. I have to admit that at the end of the day I’m just a stopped clock on this issue that’s right twice a day, but this sort of thing is why I never owned rental property.
I’m finally right. For an hour, anyway. :)
Can't you raise the rent, even a little?
I'd remove them one way or another, there are creative legal ways depending on your state.
I just found out from the clerk they filed for a new hearing by email because they say they are quarantined for covid so now a new hearing for sept 21st.These bastads are going to run this out till the first of the year.
hate to say this but sometimes it is cheaper to bribe them to leave.
Keep your eyes on the long term situation and cut losses.
My properties are in a rural town with a shortage of rental property. I try to keep my properties top notch and have attracted good Hispanic tenants. Have sorted out the bad ones and I have a reputation among them.
More important than ever to be around the properties often so you develop a relationship and catch problem early.
“Bad strategy to ever put tenant utilities in your name.”
If they can’t pay the utilities to the utility company, how will they pay them to you? The reason for the problem is they can’t afford the deposit required for people with bad credit.
The only way to rent to people with bad credit (shouldn’t) anyway) is to charge them a double or triple deposit. That will run them off usually.
Even if a tenant puts utilities in their name, and if they don’t pay, the the utilities will be put back under your name and you get to pay. You won’t be responsible for what they didn’t pay however. But your lease should state any rent paid will first be applied to rental late fees or late utility payments. That way they still owe you some rent, and can be evicted for nonpayment. That’s for the ones that try to give you a few hundred and stall.
Sympathy is about all we can offer, isn’t it? A lawyer is what’s needed, lest you wind up paying treble damages or some other nightmare.
Long before I bought my first investment property, my folks warned me to avoid tenants like plague. I did find myself one, and he was carefully selected. He behaved himself for over three years and then left without paying the last months rent...which was only $500. But I wouldn’t do it again. I stick to flippers and sleep well at night.
Cash for keys is the only foolproof method with current moratorium.
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