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Message
Eviction: first time, any suggestions?
Posted on 12/6/22 at 10:13 pm
Posted on 12/6/22 at 10:13 pm
New Renter paid first & last, but has since gone silent & won’t return calls, and is late on rent.
They may have an excuse, but I want to start whatever long drawn out process it will take to hopefully kick them and their kids out before Xmas.
Any “to do” items just to make sure I cover my bases?
They may have an excuse, but I want to start whatever long drawn out process it will take to hopefully kick them and their kids out before Xmas.
Any “to do” items just to make sure I cover my bases?
31
Posted on 12/6/22 at 10:32 pm to Kujo
quote:
hopefully kick them and their kids out before Xmas.
Sheezus man
Posted on 12/6/22 at 10:51 pm to Kujo
New Renter paid first & last
Work on your screening process.
quote:
Any “to do” items just to make sure I cover my bases?
Work on your screening process.
This post was edited on 12/6/22 at 11:57 pm
Posted on 12/6/22 at 11:32 pm to Kujo
If In TX first thing is to post a 3 day notice to vacate. 8/10 times they pay up. If not pay the $100 to the court to start eviction process, constable will serve them papers. 1/10 they will pay up. If the you got the other 1/10, toss their arse 25 days after being served because court will rule in your favor. And as stated, screen better
Posted on 12/7/22 at 5:48 am to Kujo
About to have to deal with this myself.
What a pita.
What a pita.
Posted on 12/7/22 at 5:53 am to Kujo
quote:
but has since gone silent & won’t return calls
This is a bad sign.
quote:
and is late on rent.
If they're paying there's going to be not much you can do to evict, but you can and should charge late fee but if it wasn't in the lease you're going to have a hard time enforcing them as an add on.
My advice is if they are paying (though late) try to keep a positive line of communication with them. In other words bite your tongue and nurture those payment to keep coming.
This post was edited on 12/7/22 at 2:17 pm
Posted on 12/7/22 at 6:05 am to Kujo
quote:
but I want to start whatever long drawn out process it will take to hopefully kick them and their kids out before Xmas.
Not gonna happen
Posted on 12/7/22 at 6:54 am to Kujo
What state and what does the lease say?
Posted on 12/7/22 at 7:59 am to Kujo
I don’t know what area you’re in. So the best general advice is to know your lease and know the laws that govern residential leasing in your area. Follow both to the t. Be professional in your approach and never get cute or come off as vengeful (no matter how much the tenant has peeved you off). You don’t want a judge to think that you’re working off of a side agenda or personal hard feelings.
And no, it’s highly unlikely that you’ll get an eviction before Christmas. At least where I live, there’s still a backlog. So here, you’d be lucky to get a court date before the first of the year.
I know it’s frustrating, but good luck.
And no, it’s highly unlikely that you’ll get an eviction before Christmas. At least where I live, there’s still a backlog. So here, you’d be lucky to get a court date before the first of the year.
I know it’s frustrating, but good luck.
Posted on 12/7/22 at 8:10 am to Jag_Warrior
quote:
So the best general advice is to know your lease and know the laws that govern residential leasing in your area. Follow both to the t.
This. A judge will side with a renter if the landlord doesn't comply with the policy or law, even if the renter is behind on payments.
Posted on 12/7/22 at 9:09 am to lighter345
Livingston parish
Posted on 12/7/22 at 9:20 am to Kujo
Pay your rent on time baw...
oh, that... You done messed up. Vet better or turn it into section 8 and well, still vet batter. At least you will get paid...
oh, that... You done messed up. Vet better or turn it into section 8 and well, still vet batter. At least you will get paid...
Posted on 12/7/22 at 9:28 am to armsdealer
make sure you have EVERYTHING in writing .....
https://finance.yahoo.com/news/expect-tsunami-shutoffs-20-million-173000860.html
quote:
‘I expect a tsunami of shutoffs’: 20 million American households are behind an average of $788 on their utility bills
https://finance.yahoo.com/news/expect-tsunami-shutoffs-20-million-173000860.html
Posted on 12/7/22 at 9:55 am to Kujo
Your lease should dictate when rent is considered late and what day you will file eviction on. Once you file eviction, the resident has until the court date to pay (you could still refuse rent before the court date, but the judge will probably laugh at you unless they have had other issues besides a late payment). If still unpaid, the judge will grant you a writ for return of premises. You will have to call the constable if the resident still doesn't leave.
General rule of thumb is rent is late after the 3rd, file eviction on the 10th, court date is about a week later...you could have them out by about the 17th. But, I will say, courts are not easy to deal with for Thanksgiving and Christmas, so you may be stuck.
General rule of thumb is rent is late after the 3rd, file eviction on the 10th, court date is about a week later...you could have them out by about the 17th. But, I will say, courts are not easy to deal with for Thanksgiving and Christmas, so you may be stuck.
Posted on 12/7/22 at 10:23 am to Kujo
In Livingston it is not that bad. You take your lease to the court house and let them know you would like to file an eviction. Pay your money and show them the lease. They send the Marshal to put a notice with a court date on their door. Show up at court and give your side. If the tenants don’t show at court the Marshal will set up a day to evict them. Usually the next day. Be ready to move their stuff because it will be up to you to put it by the curb. Total process maybe two weeks or less.
Posted on 12/7/22 at 10:31 am to DRock88
In MS I had to wait until they were behind 60 days before I could file with the court. Then it took about another 30 days to get a court date. It took about 4 months from start to finish to get them evicted.
One option is to offer the tenant $500 or more to move out by the end of the month. You will give them the cash when the home is vacant and they hand you the keys. You may lose a month or two of rent but not 4 or 5 going through the eviction process.
One option is to offer the tenant $500 or more to move out by the end of the month. You will give them the cash when the home is vacant and they hand you the keys. You may lose a month or two of rent but not 4 or 5 going through the eviction process.
Posted on 12/7/22 at 10:36 am to Kujo
quote:
y kick them and their kids out before Xmas.
You don't know that you can't do that and you are a landlord?
Posted on 12/7/22 at 10:49 am to weadjust
quote:
In MS I had to wait until they were behind 60 days before I could file with the court. Then it took about another 30 days to get a court date. It took about 4 months from start to finish to get them evicted.
Yes, MS is miserable. Definitely depends on the the lease and court. Baton Rouge isn't great. Metro Nola is pretty good, except anything remotely near a "holiday".
Posted on 12/7/22 at 11:20 am to Kujo
quote:
Eviction: first time, any suggestions?
1. Ask them to leave.
2. If they don't, take the front door off of the hinges. This is not a joke. It will work.
Posted on 12/7/22 at 11:25 am to geauxnc0308
quote:
If In TX first thing is to post a 3 day notice to vacate. 8/10 times they pay up
Same here in Baton Rouge for the most part but it's 5 days. Print out the 5-day notice to vacate from the BR city court website and tape it to the door. Make sure you take a pic receipt of this noticed on the door and I emailed and texted it to my deadbeat in the past. I also got lucky with having a Justice of the Peace jurisdiction versus city of BR. Had deadbeat out in 40 days when it was all said and done.
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