Eviction Nightmare

mbalbritton said:
Can I ask what value the property holds for you? Sounds like it’s been pilfered of all valuables, stripped of resources like copper. I’m assuming the only real value left is the land. If that’s accurate, what’s the land worth? Is it really worth all of this headache?

I have two thoughts. One involves a .45 and a backhoe. The other involves peace of mind and a good pair of walking shoes.

I don’t like allowing people like this to get their way, but the laws on this shit are so fuct and you’re finding no support there.
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Even if he walks away he'll be on the hook for property taxes.
 
RatLabGuy said:
Even if he walks away he'll be on the hook for property taxes.
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See, we took that differently. I assumed he meant light it on fire and walk away...:D
 
I know you want to try to get something out of it, and rightly so...

but wouldn't it be fun to sign it over to them then watch the bank/gov. take it and kick them out due to un-paid taxes.
That's what they'd do to us
 
There was a lady in the local community that died in a similar fashion (tree across mobile home) that was my wife's school bus driver way-back-when & noted as being a very kind, sweet woman.

These "stains" were spared...
 
jeepinmatt said:
See, we took that differently. I assumed he meant light it on fire and walk away...:D
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The county will still happily tax you for burned land.
 
It would be really unfortunate if some bees or wasps were to take up residence inside the home.
A decent exterminator is a lot cheaper than a fire damage team.
 
Damn I hate reading these horror stories. Hope things get better now that you are on the other side of this.
 
ckruzer said:
the pen is mightier than the sword. he who contracts best wins.
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This. This all landed in my lap and is not how I would run a rental. In fact, I do still want rentals at some point. Just not this one, at all.

as mentioned above, 5 days late you get a letter and a late fee and then move to eviction right away if not taken care of. Vetting people with credit checks and references on the front end, combined with the zero tolerance late rent, I think keeps a lot of this from happening.

This experience is 1 in 1000 and is a direct result of the scum my mom always had around and did some handshake rental agreement.
My whole life was filled with trashy people like this unfortunately.
 
jeepinmatt said:
Shall we set it ablaze?
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I'm obviously in.

ckruzer said:
the pen is mightier than the sword. he who contracts best wins.
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77GreenMachine said:
That probably would have worked. I say would have cause I had proof of drug use and selling, and video and so much more prepared for court only to realize I couldn’t take my phone in the courthouse. I should have prepared better.

My uncle called after posting this and said they’re gone. But the washer and dryer are still missing. She had promised on her kids lives they would bring the washer and dryer back.
I have no illusions that I’ll be getting any of that stuff back.
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She might just keep the washer and dryer, and leave you the Kids! :gtfo:
 
I recently heard some advise a Reality man told. It concerned squatters, & rentals gone bad. If the squatters or move-ins, don't have a contract to be there, get a friend to sign an rental agreement on the place. That makes Him [or her], the Legal Tenant, & he can have the Sherriff evict them. That somehow is suppose to circumvent all the BS, & have the persons evicted without all the court shit & months of waiting. Maybe this will help someone else, in the future.
 
Phillip sorry you are going through this man keep your chin up.

It sucks how the laws are. I understand, somewhat, how we got here. Bad landlords used to do a "Brooklyn upgrade"...essentially you had a good tenant "month to month" or paying cash who was paying and doing everything right. Then you market their house and find someone willing to pay $50/month more. Evict the long standing tenant as "he was never allowed to be here"...tenant laws were put in place largely to protect innocent people from bad landlords.

Fast forward 40 years and you have smart(ish) evil people who abuse the laws originally designed to protect them.

When I had my small trailer park on 3 occasions I did what Braxton suggested above "cash for keys" I did it one step further though. Knock on the door "Hey this isnt working and isnt going to continue. I will forgive all past due rent, agree not to pursue you for back rent or credit report it (Id never collect anyway) and promise to give you a good referral to your new landlord. Also I will give you $1,000 cash PLUS $250 for a uhaul cash and $250 for a week at the extended stay hotel cash. Provided that you are out by tomorrow night. I'll even pay m guys to help load your stuff in the uhaul. I need a place for my younger brother to move in tomorrow hes going through a rough spot." (I have no younger brother)

And I kept every bit of my word - except the good referral part. I'd tell any local landlord (except 1 because fuck that asshole) RUN if they called.

It works...until you get a real piece of shit. Then you need an even bigger piece of shit that will evict them convince them for you for the same $1,500 (or less)
 
Ron said:
Phillip sorry you are going through this man keep your chin up.

It sucks how the laws are. I understand, somewhat, how we got here. Bad landlords used to do a "Brooklyn upgrade"...essentially you had a good tenant "month to month" or paying cash who was paying and doing everything right. Then you market their house and find someone willing to pay $50/month more. Evict the long standing tenant as "he was never allowed to be here"...tenant laws were put in place largely to protect innocent people from bad landlords.

Fast forward 40 years and you have smart(ish) evil people who abuse the laws originally designed to protect them.

When I had my small trailer park on 3 occasions I did what Braxton suggested above "cash for keys" I did it one step further though. Knock on the door "Hey this isnt working and isnt going to continue. I will forgive all past due rent, agree not to pursue you for back rent or credit report it (Id never collect anyway) and promise to give you a good referral to your new landlord. Also I will give you $1,000 cash PLUS $250 for a uhaul cash and $250 for a week at the extended stay hotel cash. Provided that you are out by tomorrow night. I'll even pay m guys to help load your stuff in the uhaul. I need a place for my younger brother to move in tomorrow hes going through a rough spot." (I have no younger brother)

And I kept every bit of my word - except the good referral part. I'd tell any local landlord (except 1 because fuck that asshole) RUN if they called.

It works...until you get a real piece of shit. Then you need an even bigger piece of shit that will evict them convince them for you for the same $1,500 (or less)
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great advice, I like the last line. I get the law, I get the procedure. I don't get not using "motivation". MY heart wants to let the almighty handle it. MY earthly brain wants to extend the effort with a little head start.
 
Seems to me that if you avoid the definitions of landlord/tenant all together - the potential for this issue disappears?
Have you ever heard of a hotel needing to go to court to evict a room guest?
 
ckruzer said:
Seems to me that if you avoid the definitions of landlord/tenant all together - the potential for this issue disappears?
Have you ever heard of a hotel needing to go to court to evict a room guest?
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Probably happens. Every time you sign for a room your signing a very tight and short lease/rental agreement
 
ckruzer said:
Have you ever heard of a hotel needing to go to court to evict a room guest?
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Dude, There's a whole WORLD of stuff that goes on in a hotel that we don't "hear of"......hotels find dead bodies in rooms, move them to other areas before calling the authorities, clean the room, and rent the same room to new guests the same day. :laughing:
 
ckruzer said:
Seems to me that if you avoid the definitions of landlord/tenant all together - the potential for this issue disappears?
Have you ever heard of a hotel needing to go to court to evict a room guest?
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I have heard that if you rent it out by the week they can be evicted right away. No idea if this is true though.
 
Noel said:
Probably happens. Every time you sign for a room your signing a very tight and short lease/rental agreement
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Actually no. The reason why hotels do not face this 'specific' problem is because they do not rent or lease.
When you specifically 'rent' and or specifically 'lease', you are entering the legal realm of landlord/ tenant

awheelterd said:
I have heard that if you rent it out by the week they can be evicted right away. No idea if this is true though.
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Hotels provide a 'service'. They do not rent or lease within the legal meaning. So even when you call them and secure their services for 12 days, once that contract ends it ends. Police will escort you off property and you can do trespassing charges. Doesnt matter if they brought in a uhaul at 1am and decked out a room.

If i dont continue into the STR market, I plan on entering the hotel side of things. Potential new buncombe country rulings might screw the first two properties im working on currently (crying a river)
 
awheelterd said:
I have heard that if you rent it out by the week they can be evicted right away. No idea if this is true though.
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100% not true. What I just went thru was a week to week rent for one "room".

The court saw this as a room, that included access to basic living needs such as a kitchen, bathroom and such. Which left me with the power bill because switched it to my name just days after Mom passed, before I knew these folks were going to drag it all out and stuff.

Since it was week to week rent, they got 10 days to appeal it after the court ruling. So they can wait till the 10th day and appeal until the next court date. However, that means they become liable for any back rent unless they can prove they can't pay it. But they would still be forced to pay the rent moving forward directly to the court, plus court cost. They can appeal it up to 3 times.

So while it is a smaller window with weekly rentals, it is still possible for folks to drag it out like crazy.
 
77GreenMachine said:
100% not true. What I just went thru was a week to week rent for one "room".
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You should have provided a "service" to a "transient occupant" for a set period, payment upfront. And such should have been on paper, and there should have been a clause that acknowledged and agreed the non use of the address for any purposes, including the use of bank/utility/DL/etc accounts. The moment you wanted them gone they would have been trespassers if they refused to leave
 
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