Eviction and payment promise


#1

Court is at 11 am tomorrow.

Tenant says they will deposit $500 of the $1000 back rent in my account at 9 am tomorrow and the balance Monday. They are asking if they can stay.

What would you do?

I told them no promises they can stay until I see some money. Call me when they make the first deposit.

My inclination is to proceed with eviction and not call the Sheriff if they pay up with the second deposit.


#2

Andy,

Time for a “stip” (stipulation) - document the “deal” (stipulation) and let the judge approve it. Then if they default you send an affidavit to the judge and he signs off on the writ of possession without a hearing. Don’t forget to add in all court costs and attorney fees. You can also add a lien to the title of their home if the terms are longer (you mention that they will have you square by monday but I’ve entered into stips that take months to payout).

I try to stipulate anytime possible - you get paid some money and the tenant signs away their right for a hearing - best of both worlds. You have my number in ME so give me a ring if you want.

Good luck,

Karl


#3

Andy ,

Here in Ga. and im sure its different elsewhere, if you take any money after you file the eviction , the eviction is off , so for me its all or none at that point, and if your going to court with them, they must have detested the eviction , and if a tennat takes me to cout(wast my time in court) knowing they owe me , They Must Go …

If you feel they well do as they say , I would take a chane on them paying , and the next time there late I would file and get them gone , rather take my loses at $400 ,1 month rent than 2 or 3

Here in Ga. you have to take there money if they have it all the first time you file , but if it happens again within 12 months ,you can make them go .

Ricky Roland


#4

Ricky is correct. There are courts/locations that will void the eviction process if you accept partial payment after beginning the court process. Here in NC they do not (at least not in my county courthouse). I worried about that at first but the magistrate (small claims court) just asks if any money has been recieved and deducts it off the prorated amount owed to the date of the court date.

Find out for certain how your court will react to this. As Karl mentioned, I have found that General District Court hearings (vs. Small Claims Court) may treat this entirely differently.

For now it might not be a bad idea to just suggest they bring that money to court.

It is quite likely they are stalling for time and trying to get by with a partial payment. Once you know how your court treats this, you will know how to proceed in the future.

Tony


#5

This is a key feature to “stipulating” - the ability to collect money without the eviction being stopped. In essence, you and the tenant agree to the repayment structure, the judge approves the deal which simply postpones the eviction allowing the tenant to perform as agreed, you get the money, and if they default they have waived their right to object in the future keeping eviction alive. Again, be sure to include all fees in the stip document so that you are compensated for court costs and attorney fees.


#6

At least that’s what it’s called in GA. An excellent tool to get paid.

Anne