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-   -   Tenant eviction help (https://www.talkofthevillages.com/forums/attorney-lawyer-directory-524/tenant-eviction-help-321863/)

thelegges 07-20-2021 06:52 PM

Quote:

Originally Posted by wisbad1 (Post 1975746)
Can you turn off utilities?

Quote:

Originally Posted by village dreamer (Post 1975750)
i was thinking the same thing, shut off power and water asap

Quote:

Originally Posted by retiredguy123 (Post 1975752)
That is probably illegal.

Read post #3, that explains what OP an and can’t do.

DoggyStargazer 07-20-2021 07:52 PM

Quote:

Originally Posted by Shadywood (Post 1975848)
Well, I wouldn't count on the Sumter County cops for help. They refused to even help me evict a burglar.

Yesterday, I drove straight to my new turn-key rental property, from the closing that deeded everything but the toilet paper to me. I discovered the prior owners in my new living room, helping themselves to my new TV. They had already stolen a chair and various wall decorations, including an expensive wall-mounted grandfather clock, all of which I'd discovered and documented during the walk-through that morning. The closers were no help in recovering my stolen property, and it would have cost $10K to cancel the deal. So after signing, I raced to Lowes and then to the property, to change the locks as quickly as possible. The sellers beat me there.

I called 911, and after numerous attempts to get through, the moment I mentioned that I'd just bought the house, they refused to get involved and told me to "contact my closer".

After a lot of shouting (and insults to my Southern heritage), the burglars finally left without my TV, claiming they had only invaded my property to get the cable box. How that makes it OK, I guess you'll have to ask a non-hillbilly. In any case, the only thing they left with was some piece of furniture in their trunk that I hadn't seen until they they were driving away. Whatever it was, it wasn't in my pictures from the prior inspection a couple of weeks earlier, but there was a flattened place in the bedroom carpet.

They could have had all of it, if they'd just asked, instead of stealing it. I didn't buy the house for the furniture.

But the most alarming thing I learned is that our cops apparently refuse to get involved in burglaries where they might be called upon to break up a fight. That doesn't bode well for your problem of evicting a squatter.

Wow! So sorry that happened. What a nightmare!

valuemkt 07-20-2021 10:00 PM

You dont need a lecture after the fact, but this is why you do credit and background checks. And get positive identification (drivers license) and proof of employment as part of your screening process. in the unlikely event he is currently employed, you can go through the legal process to secure a judgment and start the wage garnishment process. unfortunately, people are currently being paid to NOT work these days, but that doesnt mean that putting late notices on his credit report, securing judgments etc won;t be some level of leverage if he is a (formerly) upright citizen. If he is a professional deadbeat, you;ve learned a very painful and costly lesson. Have you given them a formal NOTICE TO PAY OR QUIT ? Tack the notice onto the front door and followup with a certified letter (which they probably wont sign for). Then start the legal process to drag them into court, all the while reporting to the three credit agencies his delinquency. Under no circumstances should you ever accept partial payment.

retiredguy123 07-21-2021 04:24 AM

Quote:

Originally Posted by valuemkt (Post 1975921)
You dont need a lecture after the fact, but this is why you do credit and background checks. And get positive identification (drivers license) and proof of employment as part of your screening process. in the unlikely event he is currently employed, you can go through the legal process to secure a judgment and start the wage garnishment process. unfortunately, people are currently being paid to NOT work these days, but that doesnt mean that putting late notices on his credit report, securing judgments etc won;t be some level of leverage if he is a (formerly) upright citizen. If he is a professional deadbeat, you;ve learned a very painful and costly lesson. Have you given them a formal NOTICE TO PAY OR QUIT ? Tack the notice onto the front door and followup with a certified letter (which they probably wont sign for). Then start the legal process to drag them into court, all the while reporting to the three credit agencies his delinquency. Under no circumstances should you ever accept partial payment.

The problem is that the OP is not dealing with a simple debt. The state law recognizes that a tenant has significant rights because the OP's house is the tenant's residence. And, the Federal Government has placed a moritorium against evictions at least until the end of July. So, evicting him could violate Federal law. Never accepting a partial payment could result in the OP losing access to his property for a very long time.

Papa_lecki 07-21-2021 05:31 AM

For those renting their place who think this can’t happen to them, it is happening all over the country, even in fairly affluent neighborhoods. Here’s an article about a Wall Street executive at Cantor Fitzgerald who is not leaving his rental in the Hamptons.
The Wall Street Executive Who Won’t Leave His Rented Hamptons Mansion | Vanity Fair

The law is on the side of the renter.

Bay Kid 07-21-2021 06:44 AM

Let's be honest, all the laws are to protect the poor tenant, not the poor owners.

mjd1964 07-21-2021 07:24 AM

Here is a link to a great company. Based in Tampa, but do evictions all across Florida. They have restarted evictions months ago in Florida. I wanna say 6 months or more. I have rentals in another state, and can't do anything at all till next month. My rentals are tens of thousands of dollars behind in rent. Soon as I can, I will be getting out of those rentals in that state and get them in Florida.

Evictions Plus | Independent Eviction Sertvices

retiredguy123 07-21-2021 07:33 AM

Quote:

Originally Posted by mjd1964 (Post 1976044)
Here is a link to a great company. Based in Tampa, but do evictions all across Florida. They have restarted evictions months ago in Florida. I wanna say 6 months or more. I have rentals in another state, and can't do anything at all till next month. My rentals are tens of thousands of dollars behind in rent. Soon as I can, I will be getting out of those rentals in that state and get them in Florida.

Evictions Plus | Independent Eviction Sertvices

How do they avoid this Federal directive?

"CDC Director Dr. Rochelle Walensky has signed an extension to the eviction moratorium further preventing the eviction of tenants who are unable to make rental payments. The moratorium that was scheduled to expire on June 30, 2021 is now extended through July 31, 2021 and this is intended to be the final extension of the moratorium."

mjd1964 07-21-2021 07:42 AM

Quote:

Originally Posted by retiredguy123 (Post 1976047)
How do they avoid this Federal directive?

"CDC Director Dr. Rochelle Walensky has signed an extension to the eviction moratorium further preventing the eviction of tenants who are unable to make rental payments. The moratorium that was scheduled to expire on June 30, 2021 is now extended through July 31, 2021 and this is intended to be the final extension of the moratorium."


From what I understand, The states can override this. Not sure how it all works. You would have to ask them. Tony at Evictions plus speaks at several meetings about the whole process. I am in several real estate investment groups throughout Tampa and the landlords are switching
to month to month rentals. If the lease runs out, they have to leave or be evicted. I know people there with 100's of rentals each that are doing that. The Villages is a different story. Renters are much more responsible here. Not saying all, but the majority.

LateBoomer 07-21-2021 08:28 AM

sounds like a real slimeball. Out him. Name, photo here. and then get a lawyer

valuemkt 07-21-2021 04:50 PM

Disagree on all accounts. The renter owes a debt.. that debt can get passed onto a collection agency, which can then send information onto the credit reporting bureaus.. Youre doing future landlords a service by indicating that their new applicant is a deadbeat. Accepting partial payment resets most notices to pay or quit. Landlords always lose in the long run from tenants that regularly give small payments. There is nothing preventing the landlord from tacking the notice and sending a demand letter indicating the total amount due at the time .. which would include past due rents, late fees .. and queueing up for the eviction processes.. there is also nothing preventing owners from calling employers (should there be one) and advising that a garnishment will shortly be in the works.. If it ever gets to court, attorneys fees, if any, will also be attached to the judgment that accompanies the eviction.

Nucky 07-21-2021 05:41 PM

There are certain words that can be used with him to motivate his departure. Use your imagination. Realize you may be getting recorded.

There are people who specialize in the removal of an insect-like this.

I'm sorry for your troubles....I've been in your shoes several times and used my homemade technique to remove my problems. I was

successful 3 out 4 times. Once I needed the Sherriff. Bad Memory, very bad. Best of luck to you.

Paying to leave sounds good but doesn't feel righteous to me. Just my opinion.

Papa_lecki 07-21-2021 05:45 PM

Tony Soprano had a good method to get someone out of his house - large speakers and loud music at midnight
The Sopranos. Tony is NOT buying the house - YouTube

Bay Kid 07-22-2021 06:05 AM

Years ago I had a terrible tenant. The home needed remodeling so I gave the tenant a weeks warning of the start of construction. He didn't reply. The next weekend the contractor removed all the doors and windows to start remodeling. Tenant gone the next morning.

Rock Rebo 08-26-2021 10:25 AM

What is his name? Help protect other homeowner renters who will know not to rent to him...


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