MOON
Registered: 09/16/08
Posts: 279
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Reply with quote | #16 |
THANKS OH, I ASKED A NEIGHBOR TO LET ME KNOW IF HE SEE'S APPLIANCES & COUNTERS START COMING OUT. MY ATTORNEY TOLD ME THE WARRANT FOR REMOVAL CAN TAKE 3 - 4 WEEKS. THAT SEEMS REALLY LONG - I HATE HAVING MY HANDS TIED FOR ANOTHER MONTH, WHILE HE DOES WHATEVER HE PLEASES TO MY PROPERTY. IS THAT THE NORM IN MOST STATES ? |
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OHlandlord
Registered: 01/20/07
Posts: 1,845
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Reply with quote | #17 |
It takes no longer than 10 days to do a set out here. Don't know why it is so long for your area, unless the sheriff has so many of these to do that he has a backlog. Have eviction courts been exceptionally busy there?
Keep in touch with the sheriff. Sometimes you can get yours pushed up if he has a cancellation (where the tenant moved out prior to the set out, so the set out is canceled.) Ask him about this. And ask that he contact you when he schedules your set out so you can be there waiiting with new locks.
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MOON
Registered: 09/16/08
Posts: 279
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Reply with quote | #18 |
COURT WAS NOT AS CROWDED AS I THOUGHT & EXPECTED IT TO BE. MY HUSBAND THINKS IT IS BECAUSE WE WERE SCHEDULED FOR THE END OF THE MONTH. BUT IT TOOK 3 - 4 WEEKS THE LAST 2 TIMES I DID AN EVICTION. I AM NOT SURE WHY , ARE THEY THAT BUSY OR JUST TAKE THEIR SWEET TIME PROCESSING PAPER WORK . I WILL CALL THEM. |
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MOON
Registered: 09/16/08
Posts: 279
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Reply with quote | #19 |
CALLED COURT TODAY TO FOLLOW UP ON THE WARRENT FOR REMOVAL, I WAS TOLD IT WAS POSTED ON THE DOOR TODAY, SO I ASKED IF I CAN GO OVER & CHANGE THE LOCKS, NO, THE WARRENT GIVES THE TENANT UNTIL THE 16TH TO GET OUT, IF NOT OUT I HAVE TO CONTACT THE OFFICER & HE WILL COME TO REMOVE THEM ( I DID NOT BOTHER TO ASK HOW LONG I WOULD HAVE TO WAIT FOR HIM COME) THE EVICTION WAS 10/28 THEY TOLD HIM IN COURT IN 3 DAYS A WARRENT FOR REMOVAL WOULD BE ISSUED. I HAD TO WAIT THAT 3 DAYS BEFORE FILING FOR THE WARRENT & NOW HE HAS UNTIL THE 16TH, THE GAS & ELECTRIC ARE BOTH OFF LUCKILY THE TEMPERATURE HAS BEEN MILD SO FAR. |
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MOON
Registered: 09/16/08
Posts: 279
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Reply with quote | #20 |
The officer comes monday morning to do the lock out. I scheduled a locksmith to meet me at the same time. The next step will be to file for a judgement, can I add damages ect .. to the amount awarded for past due rent ? My attorney tells me he does not do judgements, said it was very easy to do. I would prefer representation - will I have to deal with this guy again lying under oath ? |
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OHlandlord
Registered: 01/20/07
Posts: 1,845
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Reply with quote | #21 |
Moon, Your next step is to learn how to change out a lock set! Lol! This is very easy to do. 4 screws, 10 minutes per lock max. Costs you only for the locks. Don't toss those old locks away either. Keep them to rotate them later after another tenant moves out.
At a judgment hearing, you can ask for any costs associated with the rental - unpaid rent, court costs, damages to the unit, unpaid utilities, late fees, NSF charges for bad checks, etc. Total all of these things and itemize them on the deposit statement that you have to do within your state's time limit after you regain possession. Mail this to the tenant, subtracting for the deposit, and marking the rest as a bill owed immediately. When he doesn't pay it, just file for the judgment. At the hearing, show all the photos of before & after, the receipts to repair things, the itemized list of what you had to clean, the payment record showing what he owed in rent, the lease showing the late fees (etc.) along with correspondence showing you told he him owed those, etc. Basically you just go through the deposit statement step by step and provide evidence at each step.
Since he has already been evicted, he may not even show at the judgment hearing. If not, you will be awarded the judgment by default.
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MOON
Registered: 09/16/08
Posts: 279
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Reply with quote | #22 |
THE TENANT HAD CHANGED THE LOCKS WITHOUT PERMISSION & I SERIOUSLY DOUBT HE WILL THOUGHTFULLY GIVE ME THE KEYS. THE EVICTION JUDGE ALREADY ESTABLISHED AMOUNT OF PAST DUE RENT & COURT COST WHEN HE RULED IN MY FAVOR NO? SO THIS JERK DOES GET ANOTHER OPPORTUNITY TO LIE TO A JUDGE & TELL HIM THAT HE PAID ME CASH FOR SEPT & DID NOT GET A RECEIPT FROM ME & THAT I REFUSED PAYMENT IN OCTOBER. I THINK THIS GUY WOULD GO TO COURT FOR THE JUDGEMENT BECAUSE HE ENJOYS GOING TO COURT. |
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OHlandlord
Registered: 01/20/07
Posts: 1,845
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Reply with quote | #23 |
If the sheriff does a set out, they will have to open the door for the sheriff. Once opened, you can unscrew the lock set from the inside and remove it.
If you have to remove a lock and you have no key, you can always just drill out the tumbler set too.
But a locksmith should be an easy solution for now.
I have never seen someone who LIKES to go to court before! Wow! This guy must be some piece of work. If he shows up and attempts to argue the same thing, let the judge know this has already been ruled on in eviction court. You can just provide a copy of the court transcript for the eviction hearing where the judge established this. (Get a copy form the clerk of court.) Good luck.
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