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eviction

chevyrulz

chevyrulz

Sergeant
Full Member
Minuteman
Oct 7, 2008
194
0
hi, i have a friend living with me. rent due on 1st, still not paid (it's the 19th). my state law says it will cost me $50 & up to 21 days to formally evict, longer if he requests a jury trial. verbal & written agreements are the same in my state. there is only a verbal agreement of month to month $400 for rent which includes his share of bills (cable, water, power/gas, sewer/trash).

i told him on the 6th he had until Fri the 15th (his payday) or i had no choice but to kick him out. on the 15th he told me he didn't get off work before 5pm to cash his check promising to cash saturday (bank is open sat). saturday morning, he tells me he is going to bank & disappears. on sunday night, i finally get a text that the check was dated monday so he'd cash monday...now he says he doesn't have the money...

i've bent over backwards to help my friend & he's done nothing but lie to me. i own the property & home. i can afford to live alone with out him, but i'm certain he won't have any place to go or be able to afford a 1br any time soon if ever. it's not like he values our friendship or he'd have been honest with me. this happened once before & he paid off his debt & did well for 6 or 8 months, but here we are again, in exactly the same boat.

thoughts?
 
Re: eviction

Doesnt sound like a friend to me. I'd put his shit on the curb.
 
Re: eviction

Agreed, friends don't put friends in positions like this. I wouldn't worry about a formal eviction unless he gets crappy, just tell him to move the stuff out this weekend.
 
Re: eviction

Be like my ex-wife.........we disagree on something, next day all my 'stuff packed up and waiting for me in carport. xray9
 
Re: eviction

<span style="font-weight: bold">Hang on guys..I got this:

Get him drunk, he passes out. You T-bag him, take pic, tell him if he doesn't leave immediately the pic is going to be on everyone he knows' Facebook feed.</span>
 
Re: eviction

As a Realtor/Property Mangager of 154 rentals and someone w/ the exact experience in the bag regarding friends, +1 about giving him a heart to heart and a little time.

Face it, you are probably NOT gonna get the rent. You always have the ace in the hole of eviction. The fact that he doesn't have a place to go is not your fault. You didn't take him to raise, you've done your part and he is where he is because if HIS choices in life.

I'd give him the weekend to be out, period. Make it VERY plain that you WILL evict him on the 25th if not out on Sunday. If your state requires a 3 Day Notice to Pay Rent or Quit or some other formal notice prior to filing the eviction notice w/ the court/attorney, DO IT. Just because you served it doesnt mean you have to move forward w/ the eviction if he gets out, but you'll be covered.

Be sure to serve it properly and properly notate Proof of Service. Hire someone to do it if you aren't able either legally or other reason.

Sucks because of the friend issue, but it will only fester and get worse, trust me. The friendship is probably gone anyway. You can get away from this w/ a clear conscience knowing you gave him the first and every chance thereafter to stand up and be a friend and a man. He failed, you didn't.

Good luck.
 
Re: eviction

problem is its verbal.Open to anything.your word against his.I would not even go that route just call the cops.Just say no rental agreement just helping a friend for a few weeks now they refuse to leave.
 
Re: eviction

Ya I have to agree. Change the locks, pack his stuff for him in boxes and sit it all outside and let him know where he can find it. You tried to help and he is stiffing you on the rent. That's not a friend.
 
Re: eviction

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Beretta</div><div class="ubbcode-body">problem is its verbal.Open to anything.your word against his.I would not even go that route just call the cops.Just say no rental agreement just helping a friend for a few weeks now they refuse to leave.
</div></div>

+1 on this big time. If they can do it, they will. If they can't, no harm done. And it may give him the impetus to get shit done because he sees you are serious.

You want the Sherriff, they do this kind of stuff more than cops I think, but call around.

Finally, I had this problem once. I ran his ass out, no cops involved. I didn't have to evict him, I just made it impossible for him to stay, sleep, relax, etc. If he got drunk, I'd make sure he woke up with a fat chick. I treated him like an asshole. You get the idea. By the end, he couldn't get out fast enough.

We made up and were good friends again until I joined the army and lost touch. We just weren't good roomies.

But I'd try the heart to heart first before I got medieval.
 
Re: eviction

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Eagle Eye 72</div><div class="ubbcode-body">Put new locks on all the doors while he's gone. Stack his stuff outside. "He never lived there!" </div></div>

This. Better yet, throw his stuff in the dumpster behind the KFC. That way, he has no evidence to indicate that he was ever there.
 
Re: eviction

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Weasethis</div><div class="ubbcode-body">As a Realtor/Property Mangager of 154 rentals and someone w/ the exact experience in the bag regarding friends, +1 about giving him a heart to heart and a little time.

Face it, you are probably NOT gonna get the rent. You always have the ace in the hole of eviction. The fact that he doesn't have a place to go is not your fault. You didn't take him to raise, you've done your part and he is where he is because if HIS choices in life.

I'd give him the weekend to be out, period. Make it VERY plain that you WILL evict him on the 25th if not out on Sunday. If your state requires a 3 Day Notice to Pay Rent or Quit or some other formal notice prior to filing the eviction notice w/ the court/attorney, DO IT. Just because you served it doesnt mean you have to move forward w/ the eviction if he gets out, but you'll be covered.

Be sure to serve it properly and properly notate Proof of Service. Hire someone to do it if you aren't able either legally or other reason.

Sucks because of the friend issue, but it will only fester and get worse, trust me. The friendship is probably gone anyway. You can get away from this w/ a clear conscience knowing you gave him the first and every chance thereafter to stand up and be a friend and a man. He failed, you didn't.

Good luck. </div></div>

+1
Evictions are expensive and although you have a verbal when it comes to Real Estate verbal contracts are hard to enforce.

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: tucker301</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Eagle Eye 72</div><div class="ubbcode-body">Put new locks on all the doors while he's gone. Stack his stuff outside. "He never lived there!" </div></div>

This. Better yet, throw his stuff in the dumpster behind the KFC. That way, he has no evidence to indicate that he was ever there. </div></div>

NOOOOOO! That is an illegal eviction and the friend could easily bring suit against him. Don't ever do it that way because there are Attorneys who are all too eager to take a case like that pro bono and make an easy buck.

OP... I work in bank owned properties and have to deal with evictions all the time. In this State I even have to evict vagrants, yes homeless people, if they're in the property. As it's your house and you have more to lose than he does I would suggest following the advice the Weasethis gave. You would be surprised who is able to come up with an attorney even when you know they're broke.
 
Re: eviction

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Beretta</div><div class="ubbcode-body">problem is its verbal.Open to anything.your word against his.I would not even go that route just call the cops.Just say no rental agreement just helping a friend for a few weeks now they refuse to leave.
</div></div>

A "Sheriff's Eviction" is done on court order only. All most LEO can do is tell you it's a civil matter and to take it up in court.
 
Re: eviction

You've learned a valuable lesson, one that we all learn sooner or later.

Friends and finances should stay separate.

Besides, didn't you watch Pacific Heights?

<object width="425" height="350"> <param name="movie" value="http://www.youtube.com/v/PrVtU25MSqQ&feature=player_detailpage"></param> <param name="wmode" value="transparent"></param> <embed src="http://www.youtube.com/v/PrVtU25MSqQ&feature=player_detailpage" type="application/x-shockwave-flash" wmode="transparent" width="425" height="350"> </embed></object>
 
Re: eviction

PS - Florida - (mentioned above) - Renters have more rights than Landlords.

Friend of mine is a P3 pilot, took three YEARS to get someone evicted from his home.

When I do rent my house, I will have a property manager to handle all this. Probably Broker since he lives in my home town.
 
Re: eviction

No matter how good it would feel to kick him to the curb resist all thoughts of doing an illegal eviction. He has become a tenent with rights as screwed up as that seems. Follow the letter of your states law and be able to prove that he was served and don't change your mind at the end of all required actions. If, he really was your friend he wouldn't put you through all this BS. Regards
 
Re: eviction

thanks for all the replies. i told him he has until 7/1.

i read up on the eviction law posted on my county magistrate's website. rent is considered delinquent on the 6th day, 6/6/12 in this case. after that i can file for an "Affidavit and Application of Ejectment and Rule To Show Cause"

meaning i am eligible to file for eviction. if i file, he has 10 days to pay up, move out, or request a hearing in court. that would cost me $40.

if he responds, i have to go to court...

if he does not respond to my Affidavit of Ejectment within 10 days of being served, i can file for a "Writ (or Warrant) Of Ejectment". That would cost me $10. the Writ of Ejectment gives him 5 days to settle with me or move out. then, the county magistrate's website says "If the tenant fails to respond after 5 days, the landlord may call the court's office to schedule an eviction (put-out) date with the Constable."

that doesn't sound fun

one interesting thing i read on the magistrate's website, is that i can pay $40 to file a Pre-Distress Warrant "to seize property belonging to the defendant, in situations where the defendant is the plaintiff's tenant. If a warrant is granted by the judge, any monies collected from the sale of the defendant's property can ONLY be used to cover the amount of rent which is overdue."

if i have problems getting him out over the next couple weeks, maybe i will file for ejection along with a pre-distress warrant to seize tools, guns, art, and/or furniture. that'd cost me $80 & he has plenty of things which would be easy to pawn. this way i could be paid back & leave his stuff somewhere he could buy it back. unfortunately for my tenant/friend, i have a few friends who are attorneys, lol, so if needed i can seek their advice. wish me luck!
 
Re: eviction

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: chevyrulz</div><div class="ubbcode-body">thanks for all the replies. i told him he has until 7/1.

i read up on the eviction law posted on my county magistrate's website. rent is considered delinquent on the 6th day, 6/6/12 in this case. after that i can file for an "Affidavit and Application of Ejectment and Rule To Show Cause"

meaning i am eligible to file for eviction. if i file, he has 10 days to pay up, move out, or request a hearing in court. that would cost me $40.

if he responds, i have to go to court...

if he does not respond to my Affidavit of Ejectment within 10 days of being served, i can file for a "Writ (or Warrant) Of Ejectment". That would cost me $10. the Writ of Ejectment gives him 5 days to settle with me or move out. then, the county magistrate's website says "If the tenant fails to respond after 5 days, the landlord may call the court's office to schedule an eviction (put-out) date with the Constable."

that doesn't sound fun

one interesting thing i read on the magistrate's website, is that i can pay $40 to file a Pre-Distress Warrant "to seize property belonging to the defendant, in situations where the defendant is the plaintiff's tenant. If a warrant is granted by the judge, any monies collected from the sale of the defendant's property can ONLY be used to cover the amount of rent which is overdue."

if i have problems getting him out over the next couple weeks, maybe i will file for ejection along with a pre-distress warrant to seize tools, guns, art, and/or furniture. that'd cost me $80 & he has plenty of things which would be easy to pawn. this way i could be paid back & leave his stuff somewhere he could buy it back. unfortunately for my tenant/friend, i have a few friends who are attorneys, lol, so if needed i can seek their advice. wish me luck! </div></div>

Find out what method the courts require for sale of said possessions. You might have to have a publicly held auction that's publicly posted. Maybe there's an attorney on here somewhere in that area that also knows?
 
Re: eviction

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: chevyrulz</div><div class="ubbcode-body">thanks for all the replies. i told him he has until 7/1.

i read up on the eviction law posted on my county magistrate's website. rent is considered delinquent on the 6th day, 6/6/12 in this case. after that i can file for an "Affidavit and Application of Ejectment and Rule To Show Cause"

meaning i am eligible to file for eviction. if i file, he has 10 days to pay up, move out, or request a hearing in court. that would cost me $40.

if he responds, i have to go to court...

if he does not respond to my Affidavit of Ejectment within 10 days of being served, i can file for a "Writ (or Warrant) Of Ejectment". That would cost me $10. the Writ of Ejectment gives him 5 days to settle with me or move out. then, the county magistrate's website says "If the tenant fails to respond after 5 days, the landlord may call the court's office to schedule an eviction (put-out) date with the Constable."

that doesn't sound fun

one interesting thing i read on the magistrate's website, is that i can pay $40 to file a Pre-Distress Warrant "to seize property belonging to the defendant, in situations where the defendant is the plaintiff's tenant. If a warrant is granted by the judge, any monies collected from the sale of the defendant's property can ONLY be used to cover the amount of rent which is overdue."

if i have problems getting him out over the next couple weeks, maybe i will file for ejection along with a pre-distress warrant to seize tools, guns, art, and/or furniture. that'd cost me $80 & he has plenty of things which would be easy to pawn. this way i could be paid back & leave his stuff somewhere he could buy it back. unfortunately for my tenant/friend, i have a few friends who are attorneys, lol, so if needed i can seek their advice. wish me luck! </div></div>


Why the fuck are you waiting? I would start rolling on all of it right away. You should also move all your valuable shit out into storage unit or family's house to insure some of it doesn't walk away with him.
 
Re: eviction


everything worked out, he moved his stuff out last night no drama. i played mr nice guy, have not filed anything w/ court, & have not been paid though he says he's gonna pay me what he owes. yea right lol. anyways it's nice to have the whole place to my self now!



<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Broker</div><div class="ubbcode-body">
Find out what method the courts require for sale of said possessions. You might have to have a publicly held auction that's publicly posted. Maybe there's an attorney on here somewhere in that area that also knows? </div></div>
not sure about that, but good point! thankfully it wasn't necessary for me to find out



<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: High Binder</div><div class="ubbcode-body">

Why the fuck are you waiting? I would start rolling on all of it right away. You should also move all your valuable shit out into storage unit or family's house to insure some of it doesn't walk away with him. </div></div>
i realize i took a big risk by waiting to file for ejectment & pre-distress. i didn't want to pay the fees & i also don't want any ill will, even though he deserves it.
 
Re: eviction

how about just kick the shit out of him then sell his crap to recoup some of your funds.just saying,ok i like shanks idea better.let the t baggin begin
 
Re: eviction

so i never did get paid, & my former roommate fell off a 2 story roof 2 weeks ago having to be airlifted to the hospital. he's out now, & expected to make full recovery, but likely scarred for life. damn near broke his neck. i definitely wouldn't wish that on anyone & am glad he recovered, but i couldn't help my 1st thought was "karma's a bitch" when i learned of his accident

 
Re: eviction

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: coldboremiracle</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: chevyrulz</div><div class="ubbcode-body"> "karma's a bitch"
</div></div>

Yes it is!</div></div>

I don't believe in Karma but sometimes the world is just.
 
Re: eviction

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: chevyrulz</div><div class="ubbcode-body">so i never did get paid, & my former roommate fell off a 2 story roof 2 weeks ago having to be airlifted to the hospital. he's out now, & expected to make full recovery, but likely scarred for life. damn near broke his neck. i definitely wouldn't wish that on anyone & am glad he recovered, but i couldn't help my 1st thought was "karma's a bitch" when i learned of his accident

</div></div>

Now aren't you glad he isn't living with you and having you wait on him while he recovers. Plus it'd be one more excuse why he can't pay you and you'd be a dick for kicking out a cripple. Glad you got rid of him when you did!
 
Re: eviction

How hard was he, to push?

wink.gif
 
Re: eviction

Ass Whoopin'.
We usually call it a 'heart to heart', 'whiskey locker training', whatever. No written agreement? Ass Whoopin'.
Physically thorw his ass out onto the street, and toss his shit out behind him. If you have the cash, change the locks and put an 'Unwelcome' note on the door with his name on it. Include a list of Craig's List ads.
If he has a smart phone...ahahahahaha, unfriend his ass, and post it on your profile as,"I just got rid of a total enema nozzle on my friends list...X is such a eneama nozzle"
Dude comes to your house, sees his shit on the lawn in a box, sees the note and the Craigs list ads, checks his FB on the phone, key don't work, Later Bitch!
 
Re: eviction

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Mickey D</div><div class="ubbcode-body">Maybe a moot point but I trust you changed every lock on the place. </div></div>great advice, but i don't lock my doors so that'd be pointless. i did, however, increase the security of my shed by replacing & adding locks. they can have my flatscreen & PS3, but i'll be damned if they're getting my dirtbike or my tools, lol

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: jasonk</div><div class="ubbcode-body">
Now aren't you glad he isn't living with you and having you wait on him while he recovers. Plus it'd be one more excuse why he can't pay you and you'd be a dick for kicking out a cripple. Glad you got rid of him when you did! </div></div>Yes indeed!

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: JCH</div><div class="ubbcode-body">
I don't believe in Karma but sometimes the world is just. </div></div>
true, but i'd have to say this was a bit unjust, i suspect his medical bills for all the surgery far exceeds the $400 debt to me...i'm sure as hell not worried about that debt, & i really hope he's able to make a full recovery. the helicopter ride alone probably cost more than my truck or my boat. they had to put all kinds of pins his toe & do plastic surgery to his face. while pressure washing a 2nd story dormer (window that sticks out the roof),he fell 2 stories on to a steel hand rail, face first
 
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