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Greensborobob
October 17, 2013, 08:58
I was in court for an eviction hearing, when it was our turn the tenant said that he had filed Chapter 13 bankruptcy.

The judge took a copy from him and sent us away. Looking on the federal website I can see where it puts a stay on all debt collections and apparently the eviction.

What options do I have?

mpnv
October 17, 2013, 09:08
I was in court for an eviction hearing, when it was our turn the tenant said that he had filed Chapter 13 bankruptcy.

The judge took a copy from him and sent us away. Looking on the federal website I can see where it puts a stay on all debt collections and apparently the eviction.

What options do I have?

It would depend on how much money you want to throw at it. How many more months is the lease in effect. An attorney can file for Adequate Protection and a Relief From Stay, but it may cost more in the long run even if you prevail.

DABTL
October 17, 2013, 10:07
File to have it released from bankruptcy. The court will forthwith separate it and allow you to proceed.

hagar
October 17, 2013, 14:05
Take the front door off, disable the air conditioner, turn off all utilities in your name. Pretty much anything you can skate by as being legal...

Retired Bum
October 17, 2013, 14:49
Turn loose a family of polecats in the residence.

And so it goes.


The Retired One

meltblown
October 17, 2013, 15:56
Wow that is so fucked up. I sign an initial lease and after that do not sign another. The language is written around that the lease is renewed after the initial expires that it continues on a month to month basis.

Greensborobob
October 17, 2013, 16:38
I understand that the past due amounts go into the bankruptcy and will be paid on a three or five year schedule but he has to make upcoming payments on time.

Is this correct, and if so what happens if he is late?

cycle_rcr
October 17, 2013, 17:04
Hagar,

Your advice will get him sued.

Bill is right. Read and follow the landlord rules in your state. Do not engage in retaliation.

You need a lawyer. I believe you will need to go to state court for eviction and federal court for bankruptcy.

Add the lawyer fees. When they lose or default, ask for a judgement.

I have tenants. I have to evict them.

Here is my simple message. Do you think that you will get another place to rent with an eviction on your record?
When you rent to the next tenants, Make sure you screen them, so that you are able to hurt them financially if they decide to not pay the rent.

Tenants with nothing to lose will screw you and any other landlord.

DC
October 18, 2013, 14:32
Hagar,

Your advice will get him sued.

Bill is right. Read and follow the landlord rules in your state. Do not engage in retaliation.

You need a lawyer. I believe you will need to go to state court for eviction and federal court for bankruptcy.

Add the lawyer fees. When they lose or default, ask for a judgement.

I have tenants. I have to evict them.

Here is my simple message. Do you think that you will get another place to rent with an eviction on your record?
When you rent to the next tenants, Make sure you screen them, so that you are able to hurt them financially if they decide to not pay the rent.

Tenants with nothing to lose will screw you and any other landlord.

this is all true, especially on the commercial side where I am.

The last sentence is why you don't want to rent any property you actually care about to Section 8 renters.

hagar
October 18, 2013, 14:58
You can follow the other posters advice, spent a bunch on lawyers fees, and end up with your house being trashed and years to evict this scumbag. He is using the law against you. Choice is yours.

hagar
October 18, 2013, 15:05
I'm not saying don't use a lawyer, and doing everything legally to get the person evicted. I'm saying give him an extra incentive to leave..:bow:

prosecond
October 18, 2013, 17:00
Go tell them you will pay them $500 to leave or whatever amount you can bear and they agree to. It will be cheaper in the long run and they might leave your place in better condition. Banks do this all the time with homeowners who can no longer afford their home. It is called cash for keys. Bank says you leave, place is in good condition, you clean it and we will mail you a check.

A tenant who is a problem may not trust you. I would not have a problem meeting them a the place and paying them part of the agreed amount as they are carrying their stuff out.

Tenants get free help from govt attornys and they teach them how to use the system against you. Do not turn off utilities. That will end up costing you dearly.

DABTL
October 18, 2013, 18:57
You actually have many good ideas there. When dumping a problem tenant it is always a matter of limiting the losses.

Jaxxas
October 18, 2013, 20:38
Go tell them you will pay them $500 to leave or whatever amount you can bear and they agree to. It will be cheaper in the long run and they might leave your place in better condition. Banks do this all the time with homeowners who can no longer afford their home. It is called cash for keys. Bank says you leave, place is in good condition, you clean it and we will mail you a check.

A tenant who is a problem may not trust you. I would not have a problem meeting them a the place and paying them part of the agreed amount as they are carrying their stuff out.

Tenants get free help from govt attornys and they teach them how to use the system against you. Do not turn off utilities. That will end up costing you dearly.

I've done this! Sometimes it works. Especially if they are meth heads.


Another (usually bad) possible option is to default on the loan if you aren't getting satisfaction otherwise. Let the banks deal with the losers. You pretty much need to have your back up against the wall before I'd do it! Not to shill for Bill, but lawyers are usually worth what you have to pay for them! Least wise every time I've ever hired one I've came out on top. They can also file a lien (?) against the dead beat tenants that will come back to haunt them if they ever get their heads from between their cheeks in the future.

SWOHFAL
October 18, 2013, 20:46
Turn loose a family of polecats in the residence.

And so it goes.


The Retired One

2-mercaptoethanol would work as well....

Tibodoe
October 18, 2013, 21:22
Many years back a friend of mine from Beaumont, TX had terrible renters in
a small wood frame house his Aunt had left him. They were late with the rent, trashed the yard and the house. Numerous attempts to evict them failed. He finally called their bluff with an unlit flare in one hand, a gas can in the other, and a crazy look in his eye. He told them they had one day to get out or he was burning the whole MFer. They were gone the next day when he returned.

Yes, he would have done it!

DABTL
October 19, 2013, 08:19
In twenty years of owning rental property I have had to go to court exactly twice to evict tenants. I screen them fairly well.

The first suit I filed was against a lady who wrote a hot check 16 days late, it came back on the 28th day. I went to the house knocked on the doors and no one answered. I opened the door and walked in asking if anyone was home. There were three cars in the drive. Out came the son in law who told me I was not welcome and that is mother in law had a lease. I told him she defaulted and they needed to pack up or their stuff would be put on the curb. The lady came in and said I needed to leave I was acting unprofessionally and she knew I had to go through the process because she had been a property manager.

I left and the next day she called me and told me how un-professional I had been, repeating she would not leave until she was ready and knew the legal process. She said when she left everything would be in good order but she knew her rights.

I told her that would be fine, filed suit with a bond for possession in six days and had her served. I sent the process server to her job. She called again to tell me how un-professional I was again. I told her she was about to find out how the legal system really works.

The following weekend they moved. More or less. I went in and had to have a couple of workers remove 1,500 lbs of clothing, dishes busted furniture and such to the dump. Fixed doors, painted, cleaned rugs, plumbing repairs and cleaned the kitchen.

I went ahead in court, got a judgment for $2,400 back rent, forfeiture of the deposit and promptly abstracted it with her SS number in the county records.

I waited three weeks, garnished her bank account, she forgot about me having the check and I had been quiet about the judgment, getting $1,100 at that point.

She called all outraged demanding her money back. I told her she had the judgment abstracted at the county and her information posted to the landlord website for bad tenants.

Now, I think I will track her down to see if there is more mischief I can do.

tac-40
October 21, 2013, 11:57
Okay guys, bring this back on topic.

drmetzger
October 22, 2013, 13:55
I've been a tenant and a landlord and both have sucked. My present tenants are giving me a bit of a hard time and I'd like to have them evicted so I'm very interested in finding out more about this as well.

Cava3r4
October 22, 2013, 21:28
I thank God everyday that I am out of the business of being a landlord.
Especially in Minneapolis where they have all those LIBERAL laws and you the "landlord rich guy" is always the problem.

I was after some idiot and got my hands on their damage deposit which was $500 (back in 1988) and they had trashed the place that was totally refurbished FOUR months before they moved in and ruined it to the tune of about 12K and the goofy judge asked if I had allowed them "a redecorating allowance"?

I couldn't believe it. I shut up and let my wife handle the response.
I would have been thrown in jail for contempt I'm sure!!

GOVT1911
October 24, 2013, 13:39
I'd recommend that you do NOT handle it the way this FL landlord did.


http://www.foxnews.com/us/2013/10/22/landlord-accused-in-fatal-shooting-tenant-behind-on-rent/?intcmp=obinsite

hagar
October 24, 2013, 13:58
Maybe not that dumb - got rid of a bad tenant and free room, board and medical till you die. At 78 years old, what's there to loose...:smile:

tac-40
October 25, 2013, 14:04
At 78 years old, what's there to loose...

Can't go to the range and be with your friends anymore.:uhoh::wink:

detroit360
October 25, 2013, 23:00
I told the tenant, forget the 4 months you owe me, just get out, she did, and tried to take the wash machine with her, I had to actually run her off the road to get her to stop, she thought it was her washing machine, she said it looked exactly like her wash machine she had at her mothers, figure out that statement !!??

SWOHFAL
October 26, 2013, 01:38
I told the tenant, forget the 4 months you owe me, just get out, she did, and tried to take the wash machine with her, I had to actually run her off the road to get her to stop, she thought it was her washing machine, she said it looked exactly like her wash machine she had at her mothers, figure out that statement !!??

Might use a stencil and engraver to put a serial # where it is clearly visible to the tenant on future movable appliances should they try to move them.