A small village must be very upset my tenant hasn’t come home in a while. He doesn’t seem to get it, I have even tried using little words, but apparently to no avail.
- The Villagers patiently await the return of their idiot
He was to be out as per the court order at noon today, so around 10:30 he called this morning to inform me he was going to appeal the eviction. You have to admire his persistence, if you aren’t busy shaking your head at him.
Not sure what makes him think he will win if he can even get an appeal started at the 11th hour. To add to the problems over the weekend he blew up at the other upstairs tenant again, the end result being he broke the mirror attached to his door and the door itself is beyond repair. Nothing your typical great tenant wouldn’t do, right?
Today’s issue was when he yelled at the other guy again, after the fellow shut the door in his face. He then pushed the door open and went towards the fellow who apparently clocked him pretty good in self defense, knocking SWAT boy down and drawing some blood. They had to help him up and guide him out of the room. Just another day at the nuthouse.
Anyway, at this point I confirmed he hadn’t left, filed the appropriate paperwork (affidavit of service, affidavit of default and writ of possession) at the courthouse. Now within 24-48 hours I get a call back that my writ is ready, I get to go downtown and grab it and then I can bring in a bailiff to post it at the property for an outrageous fee and within 24 hours of that point, SWAT boy is officially trespassing on my property if he re-enters or is found sleeping there.
Sounds like this guy needs to live in a mental institute.
Honestly Bill, I think the RTDRS encourages fighting more than Dana White of the Ultimate Fighting Championship … I find they build up the tenants vs. the landlords and help drag the process out longer than necessary, never taking in to consideration the chances and leniency we have already given the tenant, trying to use the gov’t service only as a last resort when all attempts to work things out in a reasonable manner or in good faith have failed.
I’ve even requested additional conditions to the cinderella orders, which they give me but not without mentioning in front of the tenant that they are nearly impossible to enforce therefore, the tenant does it anyways knowing it won’t likely be enforced. Thanks officer!
Remember, he was briefly detained for mental observation, perhaps not long enough!
From my experience, so far, it has really streamlined the process, although I have also never had the hearing officer tell the tenant something was nearly impossible to enforce. We would be going through the same process but through the courts and at least a week behind due to having to use the 14 day eviction notice to start the process. Never mind trying to getting for a court case which adds another week or two during which the tenant continues to not pay or damage the property.
A quick hint for you Trevor is to write a detailed time line of all the issues, include it as a piece of evidence and in the last paragraph detail what your expectations are and why. Of course if it is just late rent we all know the officer will provide great leniency, but if there are additional reasons for the eviction you can highly leverage it there.
The system still isn’t perfect, and far too many bad landlords have caused it to be like this, but it is way better and way less expensive than it was a coupl eyears ago, so as long as it keeps getting cheaper and easier I am slightly happier! Now if only all the freeloaders didn’t get such excellent advise from the Landlord and Tenant government lines I would be way ahead.
This is why private lanrdodls should only ever bring proceedings if they have a mandatory ground for possession (where the Judge’s power to suspend is imited to six weeks) and should NEVER agree to a suspended possession order (as they will then lose the six weeks limit).
Definitely a straight eviction is far better than any Stay or Cinderella type order, but it can vary by circumstance.
With the adjustments to the process last October, putting someone on a payment plan (the Stay/Cinderella order version) will delay getting bad tenants out.
Bill