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Tom

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Posts: 9
Reply with quote  #1 
Hello, hoping you guys can steer me in the right direction.  I think its appropriate to provide the whole scoop:
Tenant has not paid October or November rent $ and is on a month to month lease (I want them out even if they caught up for other reasons not mentioned).
Gave ten day notice and Filed and had court.  Judge gave ten days to pay up.  In the mean time I sent a cert letter stating had 30 days to vacate as lease is up.
Now if they do not pay up within the next couple days what is the next step?  do I go back to  the court and file again?  If so, is there a name for the specific form?  Should I just wait for the 30days or move forward with non payment paperwork?
Thanks
Tom
 

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Tom
dishrodger

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Posts: 314
Reply with quote  #2 
not sure of complete action of court, but.............
sounds to me you file again with court for eviction (part of same case)
Tom

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Posts: 9
Reply with quote  #3 
Hi dish, thanks for the reply.  I just wasn't sure if their is a specific form as the court secretaries/receptionist are not helpful.  If you ask them what time it is they tell you you should ask your attorney.
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Tom
Lambo

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Posts: 3
Reply with quote  #4 
We usually try and get them out (like your 30-day notice) first so that we don't have to pay for the eviction process.  There may be costs or damages to the apartment when they leave, which isn't unusual with these cases, and you may want to put those charges when pursuing collection. To save costs, after tenant's left, we try using a collection service first, as they don't charge until they collect and will take it to court for you if they don't get a response and feel they can collect. We, also, have found an Attorney's letter sent to them to be very effective. But you have a court judgement so I'm not sure what the process is after that.  You can weigh the costs of doing it yourself. In any case, you will need their forwarding address, current phone # and employment in case a garnishment needs to be done. That's easier said then done.  If they gave a forwarding to the post office, you can send an envelope to the evicted address and mark in the left hand corner "Return Services Requested" and the envelope will not be forwarded but returned to you with any address the post office has.  There is no charge for that service.

Wish you well. Collection is never easy.


Tom

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Posts: 9
Reply with quote  #5 
Hi Lambo, thanks for your responses as they will be valuable for sure!  If you don't mind i'd like to ask you a few questions based on your response.

-You mention you usually do a 30 day first.  So basically if they aren't paying and it's month to month lease you will send a 30 day notice to them instead of the 10 day notice to quit?  And if they don't leave then you file for eviction with the court and there is no charge?

-Where can I find a collection service?

-Can you better explain the process for getting their new address via post office?  So are you saying to get an envelope, address it to the former tenant yet sent it to the former residence, and have written "Return service requested" somewhere on the front maybe next to his name?

-The judge gave him ten days to pay up for October which expires end of next week.  Do I file again end of next week or wait for 30 days as I just sent 30 day lease expiration notice?


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Tom
OHlandlord

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Posts: 3,720
Reply with quote  #6 
What Tom means is that he send a 30 day notice to vacate based on the month to month agreement.  He hopes the tenants ten move so it costs him nothing.  If the tenants don't comply, he files to evict.  If you filed a pay or quit notice and the tenant pays, you are stuck with him. 

If you have already served a  pay or quit, filed for eviction, and had a hearing; there is no reason to then serve a 30 day notice.  If the judge gave them 10 days to pay or move and they didn't, go back to the court.  Let the clerk know they did not pay or move out.  Ask what the next step is.  Chances are you will need to request a set out.  It will cost you an additional fee.  The clerk will have the tenants served with a set out notice, letting them know a bailiff or court officer will be back on a certain date to set their belongings out of the unit.  At that time, you change locks so they have no further access to the unit.
Lambo

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Posts: 3
Reply with quote  #7 
Hi Tom,
OHlandlord is correct. I misunderstood. The first day we give them a gentle "did you forget" notice and if we don't hear anything, we post a 3 day (not 30) notice to pay or get evicted. We do this whether they are on month-to-month or a 12-month lease as they are in breech of the lease for non-payment. We have several units and usually the 3 day notice is effective. If they don't pay, they usually move out on their own.  If they pay and you still want them out, give them the 30 day notice that you are ending the lease and they need to leave.

OHlandlord is also correct in that if you receive any money from the them, after giving the notice, you can't evict on lack of payment. If you just want them out and they're on a month-to-month you just give them the notice that you are ending the lease, as you did. I'm not familiar with the the 10-day or quit but you already have the courts edict so go back to the courts, if they haven't paid, and let them enforce it. Since you just filed for rent and they haven't paid and are still there, not sure whether you have to refile for the eviction process (which costs) or not.  You can ask the courts.  I wouldn't think you would have to wait for your 30 days letter for ending the lease since they are in breech of the lease and the court order. 

On the envelope, I put the "Return Services Request"  in the space under the return address,  left side of their address in capital letters and underlined.

You can search the internet for collection services and then check the different rates and their successes.  We have used RBC for the smaller amounts and a lawyer for the larger amounts.
Tom

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Posts: 9
Reply with quote  #8 
OHlandlord and Lambo, thank you both for your detailed responses.  Their 10 day court ordered pay or leave will be up in a few days.  I will file again with the court if they do not vacate.  If for any reason there is a delay by the judge or for whatever reason, I will file for the 30day lease termination as well once that time is up.  Basically which ever comes first.  Are either of you familiar with PA law?  I ask because Lambo mentioned he gives them a 3 day notice.  In Pa I believe it is ten day notice to pay or quit.  Do either of you know if I can just change my lease to state "3 day notice to quit will be provided" instead of ten days?

-If I have to return to court to do a "set out" as described, how long does it generally take to get them out at that point?  Do they still at that point have the opportunity to pay and stay?

-You mention you hire an attorney if its a large sum and use collection service if its smaller.  Can you tell me what you consider collection type money versus attorney type $?
They owe October and November.  

-And lastly, if they damage the property or steal anything, what is the process?  Immediately call police?  What else?  I fear getting insurance company involved because last time I made claim they raised my annual premium by $600 which is ridiculous.  
Thanks guys, this helps big time!!

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Tom
OHlandlord

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Posts: 3,720
Reply with quote  #9 
PA law requires the 10 day pay or quit notice, not a 3 day.  OH law requires a 3 day quit (only, no choice to pay).  Different states, different law.  According to PA law:
Section 250.504. Return by constable or sheriff
The writ server, constable or sheriff shall make return of the writ of possession to the justice of the peace within ten days after receiving the writ.  The return shall show: (1) the date, time, place and manner of service of the writ; (2) if the writ was satisfied by the payment of rent due or in arrears and costs by or on behalf of the tenant, the amount of that payment and its distribution; (3) the time and date of any forcible entry and ejectment, or that no entry for the purpose of ejectment had been made; and (4) his expenses and fees, which expenses and fees shall have been paid by the tenant or, if paid by the landlord, reimbursed to the landlord by the tenant in order to satisfy the writ.

So you now go back to the court, let them know the tenant did not pay.  They then schedule the ejection (called a set out here).  The court will notify the tenant in person or by notice on the door that they will eject them from the premises upon a certain date.  Tenants usually move out just before that date.  When they come and do the ejection, you change the locks.  The set out is usually done within 10 days.

The 30 day notice is only if they pay.  You serve that the next month so they can no longer stay.  It is not served at the same time because the court may say you agreed to allow the tenant to stay longer (you gave them 30 days instead of 10). 

If they damage or steal anything, you can try to call the police.  But here, they would tell you this is a property dispute and they wouldn't do anything.  You file a small claims suit against them to get a judgement.  Turn the judgement over to the attorney or a  collections agency.    How much either an attorney or a collections agency charge is based on the standard fees in your area.  Call around to get quotes.
Tom

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Posts: 9
Reply with quote  #10 
Thanks OH!  I really appreciate the time you have taken to answer my questions.  I hope you have a great holiday!
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Tom
Tom

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Posts: 9
Reply with quote  #11 
Hi guys.  Do I have to pay for storage once the constable comes?  And how much does it typically cost to have the constable come?  I can tell you the court just charged me $45.00 to get the paperwork to the constable.  Is that all I pay according to PA law or will I get hit with a bill once the constable does his/her job?
Thanks again!

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Tom
BritneyR

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Posts: 224
Reply with quote  #12 

The rules and regulations of each state are different, but I would suggest you to go ahead with the eviction process.


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Hunter Rentals & Property Management

OHlandlord

Registered:
Posts: 3,720
Reply with quote  #13 
Tom, in Ohio we pay for the set out when we file with the bailiff (constable).  You will have to ask the court clerk if their fee includes the set out.  At $45, I doubt it.  Once they do a set out, there is no storage.  Their belongings go out to the curb.  You are not responsible for their belongings once the court sets them out.  They have 24 hours to remove their stuff, or you call the city garbage crew to pick it all up.  By that time, it is usually picked over pretty well and there is just trash to remove.
Tom

Registered:
Posts: 9
Reply with quote  #14 
Thank you.  If the tenant leaves with my appliances, what happens next?  Do I need to catch them taking them?  Can I have them arrested?  Any feedback is most appreciated.
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Tom
OHlandlord

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Posts: 3,720
Reply with quote  #15 
If the tenant steals appliances, you can try to file theft charges.  Here, though, the local police would say this is a landlord issue and tell you to file a small claims case against them.  This is why you always put used appliances in rentals.  Deduct them from the deposit, stating they were in the tenant's possession and they are responsible for them.
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