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Landlord Question - Evictions

Posted on 9/30/08 at 1:53 pm
Posted by Htown Tiger
Houston
Member since Sep 2005
2316 posts
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?
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
432330 posts
Posted on 9/30/08 at 1:59 pm to
do you have a lease?
Posted by 19thHole
Working on my TPS reports
Member since Dec 2007
4908 posts
Posted on 9/30/08 at 2:05 pm to
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
Posted by howardhughes
Baton Rouge
Member since Oct 2007
509 posts
Posted on 9/30/08 at 9:54 pm to
Can't get blood out of a turnip. Evictions that the court grants that I have seen, usually have 24-48 hour notices.
Posted by Herb
Amite LA
Member since Dec 2003
6528 posts
Posted on 10/1/08 at 4:29 pm to
quote:

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?
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.
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