My eviction experience... thus far

[bovine]

I'll try to keep this as short as possible.

July 30 I bought a SFR that had section 8 tenants in it that had not paid rent since April.  HUD was paying $700 she paid $300. The lease was up April 30 and the owner at the time was not going to put another dime into the home. The home failed inspection but she did not care. She continued to let the tenant stay in the home paying nothing. The previous owner used the security deposit to pay the tenant portion of the rent. Here is where I come in.

July 31 I wrote the tenant informing her that I was the new owner and since we were on a month-to-month tenancy the full rent ($1000) was due for the month of August. Rent was not paid nor any attempt made to do so. Finally on the 20th of August I gave her a 5-day notice and on the 28th I filed with the court.

Filed on the 28th and got a court date of the 13th. On the 13th she came to court and asked for a jury trial. The judge gives her a week.... Can you imagine a jury trial for a simple "did you pay your rent" case. And you really gotta love this since, a jury trial costs more for the side requesting it so she files as an 'ignorant'... oops I mean an 'indigent' person so its free for her.

On the 20th I show up in court but she is a no show. How is this handled by the judge? "Order of Continuance, return next week". I plead with the judge to please hear the trial but he told me it was his policy to give people a chance to tell their side.

So this is where I stand right now. I am seeking an eviction + a monetary judgment for unpaid rent (3k) and court cost ($250 thus far). Because of her big mouth she mentioned that she had pending lawsuit for 50K, which she will get a settlement for. This suit is for the death of a child against. Her pervious landlord. All 350lbs of her told me she would sue me if she falls coming up the stairs because of the banister she broke.

Anyone been through a situation like this? Any ideas as to how I should proceed? I will sue and get the judgment but do you know if I can attach that judgment onto her other 50k suit? I'm sure she will turn up on the 27th with some other excuse trying to squeeze out another week. This piece of crap has 3 other evictions since 1999.

[Rich_in_CT]

No show = continuance?  What the hell land is that judge from?  Crazytown?  I thought no show always = no win.

[propertymanager]

Any ideas as to how I should proceed?

I would suggest get a lawyer to represent you.  The tenant will probably have a scumbag legal aid lawyer to represent her at the next hearing.  I doubt that you'll ever see a penny of any judgement.  I usually just get the property back and move on.  These lowlife tenants will slither around from one place to another and it will be nearly impossible to ever find them, let alone recover any money damages.

Mike

[Salverston]

Many Section 8 tenans are great but you do have a large percentage who are kitchen table lawyers and know how to milk the system for every day and every dime.  The only way to avoid the problems are to A)  Carfeul screening - obviously not an option here or B) Be extremely aggresive in following up on any infraction they have.

The judge is an idiot, but you have to just play the game.  I too would get a decent real estate lawyer.  Often times a judge will play games against an unrepresented landlord but they won't against a member of the legal club.  It will cost you some, but if this lady plays more games she could draw this out for several more months.

Get the lawyer

[theinvestor]

I would hire an advocate who can legally handle or take care of the eviction case, it is usually alot cheaper then go through the court system. In one case it was suppose to cost me 7,300 and the advocate got them out with 1,300 of my money. But it saved alot of hassles.

Let me know if I can help.

Aj

[LuckyBuysYuckyHouses]

Wow! thats terrible...

I always try to avoid all that crap by going direct to the tenant and automatically siding with them, oh that old mean landlord, she said this and that.... oh you poor fat lady! anyway, here- my sister is disabled and wants to move in here, I will pay someone to move you out and pay you 500.00 + i will even pay your dep at your new place....

[propertymanager]

LuckyBuysYuckyHouses,

That is terrible advice.  Tenants know each other.  Paying deadbeats to leave just makes you a target for every deadbeat in town.  Additionally, if you have more than one rental, it won't be long before any tenant wanting to leave will simply stop paying, knowing that you will pay them to move out (and even pay their deposit at the new place).  It is obvious to me that you don't have many rentals, otherwise you would know better!

Mike

[LuckyBuysYuckyHouses]

Actually we have several and have done this many times in many multi family rentals. If you do it the right way it works. Remember you have to be friendly to them. You have to tell them you really "like" them..
You "feel" so bad for them personally, you are doing "them" a favor. I have done this several times over the years and it has worked out every time. You dont up front offer everything... You offer a little at a time. It has ALWAYS worked out cheaper this route. A lot less stress and they move by the weekend AND dont destroy the property.

We are not a little company, we actually run 30 min. infomercials and commercials across the United States. We buy, sell, lease opt. rent, ss several properties a month

[propertymanager]

we actually run 30 min. infomercials and commercials across the United States.

That even makes me more suspicious.  I was already suspicious since you can't even seem to read and understand the forum rules.  Nearly all of your posts have been edited by the moderators.  When someone claims to be an experienced investor but doesn't understand the basics and can't even follow simple rules, that sets off alarm bells to me!

Mike

[LuckyBuysYuckyHouses]

Boy, Matt... do you have it out for me or what?
I thought the point here was to share ideas, things that have worked for us. I'm sharing what has worked for our company.

[bovine]

You would think that being a no-show at her own requested jury trial would be held against her but apparently the circuit court of Cook County feels differently. And the costs from filing to sheriffs physically putting the bums out are over $550 and that’s with no lawyer.

I'm this far in by myself so I will go to court tomorrow on my own and present my case. I have observed that lawyers who stand before the judge do get more consideration than individuals or it seems that way. I watched one case where a lady tried to get more time by explaining that her son was on house arrest and the Sheriffs office told her that they did not know when they could come out and change his service (or something to that effect). The judge was about to give her two more weeks when the landlords’ lawyer quickly pointed out that this lady had already received  two previous continuances for the same matter. Has soon as the judge heard this she ordered the lady out in 5 days. If I cannot complete this tomorrow I will bite the bullet and get a lawyer. Anyone know a good, cheap (inexpensive) one in Chicago.

LuckyBuysYuckyHouses-

I tried that "siding with them, oh that old mean landlord, she said this and that.... oh you poor fat lady!" I even offered to pay her good money for her broken down appliances if she left in two weeks. This ' lets be friends', and 'we are on the same side' approach only led her to see me as a push over. That mistake cost me 3 weeks of money. Maybe that works in your neck of the woods but with a 40yo 350lb generational welfare mama with about 8 grandchildren who come over everyday, THAT DONT WORK.

If it wasn’t my house I'd blow it up. Just kidding.

[LuckyBuysYuckyHouses]

  Wow, you tried that already... ok then like my grandfather always said-

"hire a 6'5 300pd solid muscle guy to "hang around" her place
   and beat the "crack" out of her..

ha ha.. Im sure you will eventually pull a profit from this deal
good luck

[propertymanager]

Bovine is correct.  If you're going to be a professional landlord, then start the eviction the day after the rent is due.  Set an example.  Weak landlords get slaughtered by tenants, lose money, and attract other swine.  Follow the law and do it right.

Mike

[LuckyBuysYuckyHouses]

Mike,
         I neglected to point out two things earlier. I hate to bring it back up, but its pretty funny so I just can't resist! I have been investing for a little over 8 years now and have always tried to keep an open mind so I can learn. I have always known that there are people out there who understand real estate better than me or most other investors. They are usually the people in envious positions and they are in those positions because of their knowledge on a subject and ability to communicate that knowledge with others. Which brings me to  my point......both Ron LeGrand and Lou Brown teach in their courses that it is a good idea to look at business as business. They both teach that if it is cheaper and makes sense to offer a tenant some moving money to be on their way, thus eliminating courts,a ttorneys, ongoing property damage, etc. then do it! And you know, it's funny because that is what gave me the idea years ago and since I have not had the issues with tenants that the vast majority of investors have. Granted, the numbers I threw out earlier were more hypothetical than exact figures, but I was just making a point. If you don't like the advice, go tell it to who I (as well as plenty of other intelligent and open minded investors) got it from. Go argue with the people that you are trying to be like (difference : one minute landlord ebook vs. best sellers and legends). The bottom line is that what I suggested has worked for me and many others for years. It is much simpler and SMARTER than being a complete J#$ A#@ like so many other landlords i.e. slumlords and ending up scratching your head with a scowl on your face, thinking "why did they pour concrete in my toilet, flood the bathroom, beat holes in my walls and urinate all over the place"? "Oh, but I will show those deadbeats....I will spend more money to get a judgement against them that I will never be able to collect because they are deadbeats." Oh well, at least I set an example for their friends! This way, if I ever "miss a beat" and do have on of their friends rent from me, they will know I am not to be taken lightly!

See, told you it was funny. The other thing I wanted to respond to was your comment about my posts being "edited" by moderators. You are a moderator yourself, with a chip on your shoulder and who doesnt like my advice. No wonder my post got edited! Wonder how long it will take for you to use you "powers" to edit this one?

[Mdhaas]

The other thing I wanted to respond to was your comment about my posts being "edited" by moderators. You are a moderator yourself, with a chip on your shoulder and who doesnt like my advice. No wonder my post got edited! Wonder how long it will take for you to use you "powers" to edit this one?

Your posts get edited and/or deleted because you are apparently having difficulty understanding the rules.  As in this post, I had to remove your phone number.