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Landlord Question - Evictions
Posted on 9/30/08 at 1:53 pm
Posted on 9/30/08 at 1:53 pm
I've let my rentor stay longer than you should without paying rent (over 2 months now), though we have been in communication and I was willing to work with him and he was always eventually paying me. But now its going on too much and too long.
My question is, if I decide to evict, am I entitled (like via a lawsuit even) to the overdue rent that he owes me? Or is it just lost income?
My question is, if I decide to evict, am I entitled (like via a lawsuit even) to the overdue rent that he owes me? Or is it just lost income?
Posted on 9/30/08 at 2:00 pm to SlowFlowPro
Yep, good for another 6 months.
Posted on 9/30/08 at 2:00 pm to Htown Tiger
i'm no lawyer, but you should be entitled to all the rent due under that lease
Posted on 9/30/08 at 2:05 pm to Htown Tiger
Well it depends, sometimes leases hold up in court and they can place a judgment lien on the defendant until they pay you the backed rent
in other cases, if you go through formal eviction proceedings you may be able to have the sheriff remove the tenant for non-payment but you may not be able to recover the lost rents
that's why as part of your NOI on investment property each year it is always prudent (and obviously necessary) to account a 5% or so piece of your budget for vacancy or collection losses
:notalawyer: FWIW
in other cases, if you go through formal eviction proceedings you may be able to have the sheriff remove the tenant for non-payment but you may not be able to recover the lost rents
that's why as part of your NOI on investment property each year it is always prudent (and obviously necessary) to account a 5% or so piece of your budget for vacancy or collection losses
:notalawyer: FWIW
Posted on 9/30/08 at 2:17 pm to 19thHole
Thanks 19th...would suck not to be able to recover it. Hopefully the lease will stand up in court if need be. Currently looking into a lawyer who specializes in eviction cases....hate to go that route, but may not have a choice.
Posted on 9/30/08 at 2:20 pm to Htown Tiger
Well usually allowing them two months is too long anway if you have any plans on collecting income from that unit...
If they failed to pay rent, all you have to do is post a notice that gives them 5 days to GTFO
If they don't, file an eviction suit and the courts will provide a notice to GTFO within 3 days
If they don't do that, the sheriff will kick 'em out and you can place new tenants in the unit
new tenants = rent
If they failed to pay rent, all you have to do is post a notice that gives them 5 days to GTFO
If they don't, file an eviction suit and the courts will provide a notice to GTFO within 3 days
If they don't do that, the sheriff will kick 'em out and you can place new tenants in the unit
new tenants = rent
Posted on 9/30/08 at 2:25 pm to 19thHole
There's always the concern of vandalism from evicted tenants. I know, it sucks.
This post was edited on 9/30/08 at 2:26 pm
Posted on 9/30/08 at 2:36 pm to silstang23
quote:
There's always the concern of vandalism from evicted tenants
that's what jail is for....and insurance
Posted on 9/30/08 at 3:05 pm to 19thHole
Still shitty and a pain in the arse.
Posted on 9/30/08 at 5:45 pm to silstang23
The eviction will get them out. The only recourse you have to recoup the back rent is to report them to the credit bureau. If you're lucky, they'll want to buy a car or something and come settle up with you.
Posted on 9/30/08 at 9:54 pm to Htown Tiger
Can't get blood out of a turnip. Evictions that the court grants that I have seen, usually have 24-48 hour notices.
Posted on 10/1/08 at 9:12 am to howardhughes
quote:
Evictions that the court grants that I have seen, usually have 24-48 hour notices.
The courts here require a 24-hour "move out" period, but the landlord can grant more time to the person being evicted. I usually give 48 hours. I've had a few instances where the renter bad mouthed me so badly in court, that I gave them only the mandatory 24 hours. If you evict, prepare for the renter to tell the judge what a bad landlord you are.
Posted on 10/1/08 at 11:43 am to notslim99
You're entitled to damages incurred by the tenant's breach (either the rent he owes you or the rent you missed out on by not being able to rent to someone else).
This post was edited on 10/1/08 at 12:50 pm
Posted on 10/1/08 at 12:05 pm to threesheets
You can sue for the back due rent but if you evict, you can't get the future rent that would have been due under the lease. Also, the eviction is a separate suit from the suit for unpaid rent. Unpaid rent is ususlly not worth chasing. Cost money to sue, and hard to collect. Evict him, get a better tenant.
Posted on 10/1/08 at 1:23 pm to dinosaur
quote:
You can sue for the back due rent but if you evict, you can't get the future rent that would have been due under the lease. Also, the eviction is a separate suit from the suit for unpaid rent. Unpaid rent is ususlly not worth chasing. Cost money to sue, and hard to collect. Evict him, get a better tenant.
So I guess I cant roll any expenses I'd incur as the result of having to sue, into the lawsuit, no?
Posted on 10/1/08 at 4:29 pm to Htown Tiger
quote:Entitled, yes. But, your immediate problem is eviction. Then you go to small claims court to collect your back rent. That is IF the renter obliges by relocation in the same jurisdiction. Basically, if he has a job, you collect. If he doesn't, you have trouble.
My question is, if I decide to evict, am I entitled (like via a lawsuit even) to the overdue rent that he owes me? Or is it just lost income?
Posted on 10/1/08 at 4:29 pm to Htown Tiger
.
In Louisiana you'd have a privilege on the non-exempt contents of the premises (and those removed less than 15 days prior to his eviction).
Maybe there's something similar to that in Texas and you can have some executory process counterpart that lets you sell it quick
quote:
So I guess I cant roll any expenses I'd incur as the result of having to sue, into the lawsuit, no?
In Louisiana you'd have a privilege on the non-exempt contents of the premises (and those removed less than 15 days prior to his eviction).
Maybe there's something similar to that in Texas and you can have some executory process counterpart that lets you sell it quick
Posted on 10/1/08 at 4:30 pm to 19thHole
quote:All good advice.
Well usually allowing them two months is too long anway if you have any plans on collecting income from that unit...
If they failed to pay rent, all you have to do is post a notice that gives them 5 days to GTFO
If they don't, file an eviction suit and the courts will provide a notice to GTFO within 3 days
If they don't do that, the sheriff will kick 'em out and you can place new tenants in the unit
Posted on 10/1/08 at 4:33 pm to notslim99
quote:That is determined by local law. You may very well have a thiry day period from the date of the eviction notice. If that is statutory, your lease cannot override it.
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Evictions that the court grants that I have seen, usually have 24-48 hour notices.
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The courts here require a 24-hour "move out" period, but the landlord can grant more time to the person being evicted. I usually give 48 hours. I've had a few instances where the renter bad mouthed me so badly in court, that I gave them only the mandatory 24 hours. If you evict, prepare for the renter to tell the judge what a bad landlord you are.
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