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clarissa

Registered: 03/12/08
Posts: 1
Reply with quote  #1 

Hello! Need desperate help! Bought house moved in, didn't like new city so hubby and I moved back home 300 miles away. House didn't sell so rented it out through property management. They let tenant move in w/o deposit or rent. That was 5 months ago. He paid his first month (Nov) in Dec and hasn't paid any since. Sent him eviction letter in Dec certified mail and door, didn't help. Jan he said he wanted to buy house, so called off lawyer. Said he doing cash buy that his mom had land to use as collateral. We drove 300 miles to closing, he didn't show. He had excuses so realtor and title co. moved closing SIX times. When he didn't show or call AGAIN, time number SIX yesterday I called this morning he said he has cancer and to work with him. I said no way, get out because I was coming after him like a bat out of hell. (Oh yeah, for three months he hasn't let realtors show the home.) Told him the house was already starting foreclosure (I couldn't keep up with notes) and I wasn't going to let him get away with him putting a forecloure on my credit at 30 yrs old when I have been a homeowner since my senior year in college! Attorney wants $1,000 to evict him, don't have it. Hubby says just let it foreclose, that he has probably destroyed all the new stuff we did before we left, we can't drop price anymore or WE will have to bring money to close. Good news is lender just said they will give me 45 days before they pick back up with foreclosure. Would you fight to get him evicted and try like hell to find money for house notes? I am sooo stressed out. Haven't slept well in days! Anyone been through this??????????????????????

OHlandlord

Registered: 01/20/07
Posts: 3,532
Reply with quote  #2 
What kind of contract did you have with the PM company?  Were they only to find the tenant, but not to manage the property afterward?  It was irresponsible of them to allow any tenant into a property without at least the first month's rent and the deposit.  (Personally, I would sue them!)  If their contract called for them to manage the property, they were negligent for not handling this when he didn't pay as agreed.  Did they even screen this guy?  If not, you should do a little of it yourself right now.  Do you have his personal information? Check the web sites for the local civil, municipal, housing, & small claims courts. See what type of records you can find on him.  This is usually on-line and a free check, so all it will cost you is a little time.  It will help to see how far you can pursue him for the money he owes.

You really don't need an attorney to do an eviction for non-payment.  Those are fairly straight forward.  You do need to find out what type of notice you need to have served (Pay or Quit, Unconditional Quit, etc.) and the time line for it (3-10 days).  The court clerk of the county where the property is located can tell you this.  Most of these forms are now on-line and she could give you the web address to print them out.  She can also tell you the correct way to have them served (post on door, send by certified mail RRR, served in person, serve by uninterested 3rd party) whatever is the legal form of service in your area.  With it send a statement showing all the amounts he owes you and the total due.  After the days expire (usually not counting the day it was served, weekends, or holidays), you file the next forms with the court along with a copy of the lease and pay the fee.  Then just show up in court with his payment record showing he has not paid.  The judge orders him out, and if he doesn't leave (within 3 days usually) you can have the sheriff set him out of the street.  This way will save money, but will require you travel back to that county for this.  After he is out and you assess the damage, you can file against him in small claims court for a judgment of all the money he owes you.

You can also call around and find a local eviction attorney (not a general or real estate attorney) - one who only does evictions.  Call and ask if they will do them for a flat fee for a non-payment eviction. Many areas of the country have such attorneys who will do these for a few hundred dollars.   Hew could handle the who thing and you would not have to go back until the tenant vacated.  Good luck.
jgr318

Registered: 03/27/08
Posts: 1
Reply with quote  #3 
I am in similar situation. I helped a friend who was going through divorce and foreclosure by buying her property back in Nov 2006. She agreed to pay the mortgage and taxes and eventually buy back the property from me from her divorce money. She paid for 10 months and all of sudden decided to stop paying. The house is now going to foreclosure and has ruined my credit since. I gave her a final eviction notice last month and sent it through registered mail but upto now, she is still there and has no plans of leaving. I think because she knows that foreclosures takes a long time to be completed,  she is taking advantage of the opportunity to stay in the property without paying anything and save up at my expense. I am the sole signatory in both loan and title. Sad to say our agreement was verbal (because she was a friend) but I have all the copies of checks she issued for the first 10 months. I want to ask you if I can take her to small claims court for back rent and what are my chances of winning. I also want to know about the writ of unlawful detainer and how soon can I evict her if she still doesn't want to leave my property. Do I need to evict her first and then take her to court to recover the back rent? I don't intend to get the full amount from her that's why I am taking her to small claims court, but I want her to pay to teach her a lesson so she won't victimize anybody anymore. If you can please answer my question so I can proceed with my lawsuit. I want to know what my options are.

Thank you
Jgr318
OHlandlord

Registered: 01/20/07
Posts: 3,532
Reply with quote  #4 
I replied to this earlier today, but the internet wasn't working right.  Looks like it lost my reply.  I'll try to reconstruct it.

First, you need to file the appropriate Pay or Quit notice for your state.  (The clerk of court can give it to you.)  Ask the clerk how it has to be served and keep a copy for yourself.  With it, serve a bill of all the money she owes you.  Accept only payment in full unless your atate is one of the few that allow you to accept partial payments without jeopardizing your right to evict.  Otherwise, accept only full payment. 

If not paid in full by the end of the notice period (not counting the day you serve the notice, weekends, or holidays), go back to the courthouse at the clerk's office and file the UD for non-payment of rent.  You don't need a written lease to evict.  Just proof that she was to pay you rent.  You have that since you have proof that she has been paying previously. 

File the UD with the court after you are sure the 3,5, or 10 day notice (whichever your state uses) expires.  Ask the clerk when you pick up the UD form what else you need to file.  Some states make you attach a copy of the Pay or Quit, the lease (if any), a notarized military affadavit (saying the tenat is not in the military), a copy of the deed to the house, a tax card from the auditor, etc.  Each state is different so ask the clerk what else you need to attach to the UD.

Then show up in court with the proof that she was previously paying and a record of her payments, showing she has failed to make any rent payments since xx/xxx/xx date.  Once evicted, send the deposit statement showing that you kept the deposit for the back rent owed for xxxx month and mail it to her (or her last known address if no forwarding is left) within your state's time period.  Keep a copy.  If it comes back to you, file it away unopened.

With the deposit statement, send a bill for the full amount, due immediately.  When she fails to pay it, file against her in small claims court to get a judgement for the money owed.  Garniush her wages or lien her house later to get the money from her.  Or sell the judgement to a collection agency who will pay you a percentage of the judgement.  Her credit will be affected just like yours and the eviction will show up on her court records so any future LL can see that she failed to pay as required.  Please do these things to help protect fellow LLs from her doing the same to them.  Good luck.
rockyR

Registered: 08/15/11
Posts: 1
Reply with quote  #5 
Based in all of what you i have proven that there are really a foreclosure crisis in our country like the article that i read recently. The foreclosure dilemma has had a wide variety of long-lasting effects. In the aftermath of property owners losing their properties, the rental market has become flooded with possible renters. The government, owner of almost a quarter-million foreclosed homes, is contemplating renting out those houses to help prop up home costs. Article source: US Government considering renting out foreclosed homes
 
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