So after all the drama, SWAT boy couldn’t attend his own eviction hearing. Guess when you are busy you have other priorities in life! Apparently he had to work, he even called into the hearing office today to tell them he couldn’t make it, but they felt it wasn’t enough notice to postpone.
It may have also had to do with the fact he wasn’t going to win. Due to the law, he needs one full business day to move out, so he is to be out by Monday November 16th at noon. Oh and I was awarded a judgment of $418.55, along with $25.71 per day from Saturday on until he is gone. I went directly to the courthouse and filed the eviction order right after the hearing so all the correct procedures are in place.
After that I showed up at the property at about 2:40 to check on things and make sure it looked fine, not expecting him to be there, after all he had to work. Even the other tenant informed me he was out, but I knocked anyway. Lo and behold out pops SWAT boy!
I handed him the eviction order and he grabbed it and walked past me and out to the front door where he proceeded to ring the bell a couple of times. Then exclaimed, “oh it does work, I couldn’t tell since you always just walk in”.
Now just so every landlord and tenant reading this is aware, a landlord cannot walk into a regular rental property unannounced. He needs to provide at least 24 hours notice. This however is not a regular rental property, it is a shared accommodation and the only portion the individual rents from me is the room, which I do not enter without providing notice. The common areas are the areas for everyone’s use, the kitchen, the bathrooms, the laundry room and the living room. I do not require notice to access these areas, he doesn’t seem to get that, but now it doesn’t really matter.
So that is the positive news, the reality is he may not leave Monday, and I doubt I will be able to collect any of the judgment monies, although I do have the option of garnishing his wages and attaching an outstanding amount on his credit history. I will see how Monday goes and weigh my options at that time. If he leaves great, if he doesn’t, then on to the next step a affidavit of default and a writ of possession.
This buys him another day or two, but the result ends up the same, although it becomes more fun for me if he does stay on, as I can have him charged with trespassing. And given the chance to make his life miserable, I am at the point I will be all over it!
So far, another successful eviction story, if you don’t count the time lost, the energy wasted or the negative attitude that this creates.
Congrats!