First Eviction Today


#1

Filled out the paperwork today, guess I’m in the biz now huh!

What kills me is the guy has been a lying deadbeat the whole way. Excuses seemed plausible at first but now looking back what a pattern.

Well cost me $105 for papers, go to court on the 22nd hopefully he will be gone before then. The park also filed on him and court date with them is the 18th.

Input wanted on the following,

do you go after him afterwards for a deficiency judgement?

Most likely I will end paying at least two months lot rent @$270ea to be in good standing with the park for my next buyer, working on this with the park there was a miscommunication between us on this guy.

Also I am sure there will be damage to the home as it had new carpet when he moved in.

Lastly is all the outright lying and deception. I would really like to make this guys life as hard as I possibly can.

Thoughts,

Wayne


#2

Wayne,

Wishing to make this guy’s life harder for him is a normal response. Actually following through (other than the eviction) will cost you time, money, and blood pressure pills.

Deadbeat’s bring hard enough lives on themselves, no need to waste YOUR quality energy on him.

Do the eviction and move on. I used to get so worked up over these folks not paying. I was worked up because he failed MY expectations. In fact, if we don’t evict them we fail THEIR expectation!

Steve


#3

Wayne, Dr. Steve is dead on right. The immediate reaction we all have is that we want blood when someone takes advantage of us but the reality is that we will never get that blood from a stone.

I have come to the realization that a great percentage of our target market (both Lonnie dealing and low income rentals) are folks who will never, ever, ever, ever, ever take financial responsibility for themselves. They are grown children. We are not their parents.

We need to weed out these dead beats as best we can before they get into one of our homes. Do they still get past me today, absolutely. Does it happen as often. Heck no.

The best we can do is cut our loses quickly. Never let folks get into us for more than a month before we evict. Know the laws in your state and exactly how and when to file to repossess and evict. Always act quickly, I cannot stress that enough. If we delay then we do so at our own peril.

The best screening for me has come down to finding out where their money comes from and how secure that income stream is. The best paying tenants I have are those who are on social securit or disability because they get their checks on the same day each month, they don’t have to worry about weather causing them to be unable to work in order to receive that check, and I find that most are quite good at budgeting the amount the receive. That to me sounds like financial responsibility. They may not have much to work with money wise but they are making it work.

Do not waste your time trying to make anyone’s life hard. The only person who pays is you because you are the only one who cares. You will lose sleep, money, time and be ticked off most of the time. No one wants to live like that.

Make your money back by getting the house back. Move on and let your stress level go away so you can live a healthier life.

Tony


#4

Wayne,

We are square in The Dr’s, Tonys camp. Most people do not realize a court victory is not a judgement you have to file that after and in addition to the court costs. And a judgement does not always give you the right to garnish income (most times not). We see Mobile Homes as boxes that money falls out of. When the money stops falling out we “kick the box” till it does. We no longer give former tenants of any kind a second thought.


#5

Thanks for the replys guys.

I know you guys are correct but my thought process is what about the next landlord. I will have a an eviction against him and that will show against him.

Really I have not lost any sleep on this guy. What does get to me is the lies if he had come to me a said hey I bit off more than I can chew I would work with the fellow, but not this guy.

Tony, the guy is on disabilty one of the main reason I picked him over the other guy I had looking at it.

I understand that a court judgement does not entitle me to much. Again if I get a judgement on the guy down the road other creditors will see that he is not credit worthy. I guess this is my main point, I don’t expect to ever collect anything.

Wayne


#6

I use a service called accudata for credit, criminal,eviction checks, it may be the most effective method to meet your goals for you to subscribe and then report on the eviction. I agree, that there is no reason to not inform other landlords of how this guy is to deal with.


#7

Wayne,

You know seem to be calming down from your first post which is where you want to be.

In the first post you wrote:

“Lastly is all the outright lying and deception. I would really like to make this guys life as hard as I possibly can.”

That post showed your frustration and desire for revenge, yes let’s just call it what it is and believe you me, we have all felt it.

You also wrote in that first post you wanted to go after him with a deficiency judgement.

You not only realize in your second post that you will never see this money but I would also point out that a deficiency judgment (as I understand it) would only come in a second suit as you would first have to re-sell the home at a LOSS. After the loss you would have to sue for whatever the loss is.

The reality is that you won’t resell at a loss, you will likely sell it the second time for more than the first, all be it on payments.

You know say that you want the eviction for other landlords.

As Don pointed out, the eviction is separate from the judgement even if you can get one. You don’t automatically get a money judgement. You will likely get possession and then the eviction will follow after the allotted time.

In our area, unless the tenant either shows up in person to court or if there is proof that the Deputy Sheriff served them IN PERSON and not just posted the notice on the door… YOU CANNOT GET A MONEY JUDGEMENT.

You will likely get possession but no money.

You are chasing shadows.

Yes, the eviction may show up on some credit check/landlord check but what does it really matter to our world? Remember I am looking at his money source. Yes, his landlord history is important. If they have an eviction then they are likely to be screened out (depending how long ago it was and any better financial changes since then).

If that new landlord doesn’t do his homework and contact me for a referral then why are we worrying about him? Yes, I will still do the eviction if the tenant does not leave on their own and that will be on file but think about it.

How many folks are never FORMALLY evicted but either move out in the middle of the night or negotiate an early exit with the landlord? Those are never on any public record but if we as landlords do contact the prior landlords directly (not always easy) then we may find this out if 2 things happen. One, the landlord is truly the landlord and not the tenants best friend pretending to be the landlord. Two, the landlord tells us the truth if they tell us anything at all. They may just be happy that this deadbeat is out of their lives and they no longer want anything to do with them.

Solution? Negotiate and only formally evict if you have to. In either case, get the unit performing and move on with life. If you need closure, rest assured that this deadbeat’s life will never change for the better financially. To me that would be misery enough.

Tony


#8

Tony,

You are right, but man I hate being lied to, to my face.

Thank you for your time in your response.

The guy has called this afternoon and we swapped voicemails, first time I have heard from him since March 26th. Guessing the sheriff showed up.

Thanks to all who have replied.

Wayne