Question for attorneys about eviction proceedings...

[CentrevilleLion]

Q for the all-knowing McAndrew board:

I have to be in court for the initial appearance for an eviction procedure. We've already executed the 5 day Notice to Quit and had our tenant served papers to appear. I was hoping to get a Default Judgement and Writ for Possession last Monday (assuming the dope would fail to appear), but she sent the judge a request for continuance which was granted. I don't know for a fact what her basis was, but it's almost certain that she claimed that she was out of the country on business. I believe that because she told us in an email that she would be heading out of the country last Sunday and then sent us an additional email Tuesday night saying she was currently out of the country (a friend sent us a picture of her sitting on a barstool having a pint of Guinness at the very moment she was telling us she was out of the country).

Today I sent her a delineation of how much she owed in overdue rent, late fees, bounced check fees (I received a summons to appear next month for her criminal trial on the bad checks), etc. and she responded this evening that she was unaware of the new court date tomorrow at 1000 at the Leesburg GDC and would not appear again because she is in Dubai (don't know if she requested an additional continuance). How many of those effing things can you ask for?

So here's the kicker; we know for a fact that she never left town. I have multiple eye witnesses who saw her at her favorite local bar on M, T, and F of last week. Tomorrow if the judge says she received another request for continuance from the dumbass, what are my options? Do I ask for permission to speak and tell the judge that I can prove that she never left the area? What proof would be needed? Given that the judge granted the continuance last Monday, I want to be careful to not make her feel like a goof for being duped. I'm guessing that granting continuances is pretty much routine, no?

The objective tomorrow is to convince the judge to grant us a the DJ and Writ thus allowing me to process the paperwork for wage garnishment. I want to get on that ASAP before this nitwit is fired.

I'm laughing my a$$ off reading this, but I assure you, this is not in jest.

TIA

 

[Fox Chapel Lion II]

I hate tenants. Which is why I would never invest in rental property.

They stiff you on rent, tear the place up, whine and cry about maintenance and upkeep, and lie like rugs. The scumballs can be cooking meth in your kitchen and it takes an act of God to get their sorry asses evicted. The law gives the deadbeats EVERY advantage under the sun, and you, as the schmuck trying to run a business and make YOUR mortgage - you are ALWAYS the bad guy.

Thanks, but no thanks. Good luck - you'll need it.

 

[Rollin Stone]

Q for the all-knowing McAndrew board:

I have to be in court for the initial appearance for an eviction procedure. We've already executed the 5 day Notice to Quit and had our tenant served papers to appear. I was hoping to get a Default Judgement and Writ for Possession last Monday (assuming the dope would fail to appear), but she sent the judge a request for continuance which was granted. I don't know for a fact what her basis was, but it's almost certain that she claimed that she was out of the country on business. I believe that because she told us in an email that she would be heading out of the country last Sunday and then sent us an additional email Tuesday night saying she was currently out of the country (a friend sent us a picture of her sitting on a barstool having a pint of Guinness at the very moment she was telling us she was out of the country).

Today I sent her a delineation of how much she owed in overdue rent, late fees, bounced check fees (I received a summons to appear next month for her criminal trial on the bad checks), etc. and she responded this evening that she was unaware of the new court date tomorrow at 1000 at the Leesburg GDC and would not appear again because she is in Dubai (don't know if she requested an additional continuance). How many of those effing things can you ask for?

So here's the kicker; we know for a fact that she never left town. I have multiple eye witnesses who saw her at her favorite local bar on M, T, and F of last week. Tomorrow if the judge says she received another request for continuance from the dumbass, what are my options? Do I ask for permission to speak and tell the judge that I can prove that she never left the area? What proof would be needed? Given that the judge granted the continuance last Monday, I want to be careful to not make her feel like a goof for being duped. I'm guessing that granting continuances is pretty much routine, no?

The objective tomorrow is to convince the judge to grant us a the DJ and Writ thus allowing me to process the paperwork for wage garnishment. I want to get on that ASAP before this nitwit is fired.

I'm laughing my a$$ off reading this, but I assure you, this is not in jest.

TIA

As a Realtor in Va, Centreville Lion you are going about it the right way. Virginia is a pro-landlord state but you have to follow the steps.

I would think that if you respectfully say that you don't think that the tenant ever left the area it make just pique the judges interest, rather than making them look bad.

Also I thought no that if you can prove that she was in the area, the judges may pass judgement in your favor expeditiously. Judges do not like to be made to look bad.

Have all you paperwork in order to show late payments, bounces (as we'll as the summons), any damages, proof in the area, etc.

Not sure if u listed it yourself or with a company but the benefit of listing with a company is doing the background checks on the potential tenant.

Good luck would love to hear how it turns out as I have a client dealing with a similar issue.

 

[wbcincy]

I wouldn't worry about the judge feeling duped because (a) you aren't the one who did the duping, and (b) it wasn't a matter of the judge making a mistake. Judges I've worked with will generally grant one continuance to each party with essentially no questions asked. Future continuances they'll usually want more. So if you can come and say, "your honor, I hesitate to make such an accusation, but I have multiple witnesses willing to testify that the defendant is and has been here in town patronizing local establishments and appears to be taking advantage of this courts generosity and trust. I would respectfully ask that the court deny the defendant's request absent some proof of the veracity of her claims.".

Unless you come in acting like an a-hole or are wrong and she has provided proof she's out of the country, there's just no way the court ends up angry with you.

 

[artsandletters]

I hate tenants. Which is why I would never invest in rental property.

They stiff you on rent, tear the place up, whine and cry about maintenance and upkeep, and lie like rugs. The scumballs can be cooking meth in your kitchen and it takes an act of God to get their sorry asses evicted. The law gives the deadbeats EVERY advantage under the sun, and you, as the schmuck trying to run a business and make YOUR mortgage - you are ALWAYS the bad guy.

Thanks, but no thanks. Good luck - you'll need it.

Pacific Heights, the movie, was for potential landlords the same as Midnight Express was for traveling to Turkey (with or without drugs strapped to your body). A stretch of reality maybe, but they both left an impression.

 

[artsandletters]

Q for the all-knowing McAndrew board:

I have to be in court for the initial appearance for an eviction procedure. We've already executed the 5 day Notice to Quit and had our tenant served papers to appear. I was hoping to get a Default Judgement and Writ for Possession last Monday (assuming the dope would fail to appear), but she sent the judge a request for continuance which was granted. I don't know for a fact what her basis was, but it's almost certain that she claimed that she was out of the country on business. I believe that because she told us in an email that she would be heading out of the country last Sunday and then sent us an additional email Tuesday night saying she was currently out of the country (a friend sent us a picture of her sitting on a barstool having a pint of Guinness at the very moment she was telling us she was out of the country).

Today I sent her a delineation of how much she owed in overdue rent, late fees, bounced check fees (I received a summons to appear next month for her criminal trial on the bad checks), etc. and she responded this evening that she was unaware of the new court date tomorrow at 1000 at the Leesburg GDC and would not appear again because she is in Dubai (don't know if she requested an additional continuance). How many of those effing things can you ask for?

So here's the kicker; we know for a fact that she never left town. I have multiple eye witnesses who saw her at her favorite local bar on M, T, and F of last week. Tomorrow if the judge says she received another request for continuance from the dumbass, what are my options? Do I ask for permission to speak and tell the judge that I can prove that she never left the area? What proof would be needed? Given that the judge granted the continuance last Monday, I want to be careful to not make her feel like a goof for being duped. I'm guessing that granting continuances is pretty much routine, no?

The objective tomorrow is to convince the judge to grant us a the DJ and Writ thus allowing me to process the paperwork for wage garnishment. I want to get on that ASAP before this nitwit is fired.

I'm laughing my a$$ off reading this, but I assure you, this is not in jest.

TIA

Dubai? You gotta give her credit for going all in.

 

[interrobang]

She can't afford her rent, but she's gallivanting around the world "on business?"

 

[heckmans]

Q for the all-knowing McAndrew board:

I have to be in court for the initial appearance for an eviction procedure. We've already executed the 5 day Notice to Quit and had our tenant served papers to appear. I was hoping to get a Default Judgement and Writ for Possession last Monday (assuming the dope would fail to appear), but she sent the judge a request for continuance which was granted. I don't know for a fact what her basis was, but it's almost certain that she claimed that she was out of the country on business. I believe that because she told us in an email that she would be heading out of the country last Sunday and then sent us an additional email Tuesday night saying she was currently out of the country (a friend sent us a picture of her sitting on a barstool having a pint of Guinness at the very moment she was telling us she was out of the country).

Today I sent her a delineation of how much she owed in overdue rent, late fees, bounced check fees (I received a summons to appear next month for her criminal trial on the bad checks), etc. and she responded this evening that she was unaware of the new court date tomorrow at 1000 at the Leesburg GDC and would not appear again because she is in Dubai (don't know if she requested an additional continuance). How many of those effing things can you ask for?

So here's the kicker; we know for a fact that she never left town. I have multiple eye witnesses who saw her at her favorite local bar on M, T, and F of last week. Tomorrow if the judge says she received another request for continuance from the dumbass, what are my options? Do I ask for permission to speak and tell the judge that I can prove that she never left the area? What proof would be needed? Given that the judge granted the continuance last Monday, I want to be careful to not make her feel like a goof for being duped. I'm guessing that granting continuances is pretty much routine, no?

The objective tomorrow is to convince the judge to grant us a the DJ and Writ thus allowing me to process the paperwork for wage garnishment. I want to get on that ASAP before this nitwit is fired.

I'm laughing my a$$ off reading this, but I assure you, this is not in jest.

TIA

FWIW, I once was told about a friend of a friend who is a landlord in a less than desirable area in Texas - the kind of place with many tenant issues. Anyway, he only did month to month leases. Reason being is the pro-deadbeat tenant laws you are having. With a month to month lease, he could evict them on the 5th day of the month that rent was due.
Obviously every state is different, but may be something to look into. Best of Luck!

 

[LafayetteBear]

Unlawful detainer ( i.e., eviction) proceedings usually have "calendar preference" (i.e., they get to trial faster) under the laws of every state. But even still, a professional tenant like your current tenant usually has an idea of how to stretch things out. Even if your tenant has no legitimate defenses to your lawsuit, she will likely file an answer to your complaint rather than not answering and letting it go to a default judgment, since a filing an answer allows here to remain in your property rent free even longer. She probably won't move until the sherriff's deputies come to physically remove her.

She is also probably "judgment proof," meaning she has relatively little income or assets you could go after to satisfy any judgment you might obtain against her. If so, the best thing you can do is to get possession of the premises as soon as possible. If you get a judgment, you can consider preparing an abstract of judgment and recording it in any county where you believe she owns real property, in which event it puts a judgment lien on any property she currently has or later acquires, at least for the next ten or so years. (Judgement liens last for ten years in California; not sure what the period of time is in Pennsylvania.)

 

[CentrevilleLion]

I wouldn't worry about the judge feeling duped because (a) you aren't the one who did the duping, and (b) it wasn't a matter of the judge making a mistake. Judges I've worked with will generally grant one continuance to each party with essentially no questions asked. Future continuances they'll usually want more. So if you can come and say, "your honor, I hesitate to make such an accusation, but I have multiple witnesses willing to testify that the defendant is and has been here in town patronizing local establishments and appears to be taking advantage of this courts generosity and trust. I would respectfully ask that the court deny the defendant's request absent some proof of the veracity of her claims.".

Unless you come in acting like an a-hole or are wrong and she has provided proof she's out of the country, there's just no way the court ends up angry with you.

First off, thank you and everyone who responded. Here's what happened this morning:

She did not show up. The judge, a different one than last week, noted that she had been granted a continuance last Monday. At that point I said that yes she sent the court a letter and we do not know what it said. However, we can say that she sent us three different emails the first of which was claiming to be headed out of country, a second claiming to be out of country, and a third one last night claiming to have just gotten back from Dubai. Then I flat out stated that we can absolutely prove with eyewitnesses that she never even left the area. I purposely did not tell him that a friend snapped of photo of her sitting on a barstool enjoying a pint of Guinness (friend took it). I expected the judge to ask me a couple questions, but he didn't say a thing. I wasn't very optimistic right then. But having assumed that being on a work trip was her stated reason for not appearing previously, I was hoping he was reviewing her letter and was getting pissed. Finally he looked up and asked me if I was requesting a trial date and I said, no, I'm requesting a Default Judgement and a Writ of Possession. He asked me if I had a detailed listing of all monies she owed and I did. I also showed him an email from her the night before complaining to me that she had no idea that she was required to be in court tomorrow (real time today). He looked over the paperwork for a few minutes and granted the DJ and immediate possession. She has 10 days to appeal, but has to pony up the full amount to the court to have it granted.

Now we have to decide if we want to go forward with interrogatories. I would love to get her under oath (except, of course, I don't want her to lose her job). I ran into an attorney friend earlier today and he said don't waste your time, you'll never get any payment from her. Not so sure about that. If nothing else we should be able to garnish her wages, unless she is fired. I certainly want to ask her about any additional assets beyond her bank account she used to bounce the 3 checks.

(Quick question: Does the court notify the requestor when their request for continuance was granted? If so, the judge would know that she was lying about not being notified and that would have ticked him off even more.)

 

[ALion4Life]

Q for the all-knowing McAndrew board:

I have to be in court for the initial appearance for an eviction procedure. We've already executed the 5 day Notice to Quit and had our tenant served papers to appear. I was hoping to get a Default Judgement and Writ for Possession last Monday (assuming the dope would fail to appear), but she sent the judge a request for continuance which was granted. I don't know for a fact what her basis was, but it's almost certain that she claimed that she was out of the country on business. I believe that because she told us in an email that she would be heading out of the country last Sunday and then sent us an additional email Tuesday night saying she was currently out of the country (a friend sent us a picture of her sitting on a barstool having a pint of Guinness at the very moment she was telling us she was out of the country).

Today I sent her a delineation of how much she owed in overdue rent, late fees, bounced check fees (I received a summons to appear next month for her criminal trial on the bad checks), etc. and she responded this evening that she was unaware of the new court date tomorrow at 1000 at the Leesburg GDC and would not appear again because she is in Dubai (don't know if she requested an additional continuance). How many of those effing things can you ask for?

So here's the kicker; we know for a fact that she never left town. I have multiple eye witnesses who saw her at her favorite local bar on M, T, and F of last week. Tomorrow if the judge says she received another request for continuance from the dumbass, what are my options? Do I ask for permission to speak and tell the judge that I can prove that she never left the area? What proof would be needed? Given that the judge granted the continuance last Monday, I want to be careful to not make her feel like a goof for being duped. I'm guessing that granting continuances is pretty much routine, no?

The objective tomorrow is to convince the judge to grant us a the DJ and Writ thus allowing me to process the paperwork for wage garnishment. I want to get on that ASAP before this nitwit is fired.

I'm laughing my a$$ off reading this, but I assure you, this is not in jest.

TIA

Take her before Judge Judy !

 

[hagberg]

I hate tenants. Which is why I would never invest in rental property.

They stiff you on rent, tear the place up, whine and cry about maintenance and upkeep, and lie like rugs. The scumballs can be cooking meth in your kitchen and it takes an act of God to get their sorry asses evicted. The law gives the deadbeats EVERY advantage under the sun, and you, as the schmuck trying to run a business and make YOUR mortgage - you are ALWAYS the bad guy.

Thanks, but no thanks. Good luck - you'll need it.

I know what you're saying, but it's possible to mitigate your risk. I have two rental properties in Florida. Whenever I need to find a new tenant, I run a background check that the prospective tenant pays for. That alone weeds out 99% of the deadbeats, who don't want to run the risk of losing out on $50 (or more; if there will be multiple residents, they ALL submit to a background check).

I feel like I hit the tenant lottery, but good tenants can be found; you just have to be diligent about finding them. For the last year, I've had tenants in both places who are anal about getting the rent payment made on time. They are both single mothers (no, there's funny business going on!), with shaky credit but good income history, who are trying to get their lives back on track. One of them was offered and took a financial incentive to extend to an 18-month lease (IF she makes all payments on time) so I don't have both leases ending at the same time. She has since done that AND painted the entire inside of the house.....all it cost me was paint and supplies!

One thing about being a landlord that completely floored me is the number of people who want to rent a house for $1,000-$1,500/month, and fill out the initial application showing income of ~$800/month. I explained to one lady what the problem was with that; she couldn't understand it!

 

[Fox Chapel Lion II]

I know what you're saying, but it's possible to mitigate your risk. I have two rental properties in Florida. Whenever I need to find a new tenant, I run a background check that the prospective tenant pays for. That alone weeds out 99% of the deadbeats, who don't want to run the risk of losing out on $50 (or more; if there will be multiple residents, they ALL submit to a background check).

I feel like I hit the tenant lottery, but good tenants can be found; you just have to be diligent about finding them. For the last year, I've had tenants in both places who are anal about getting the rent payment made on time. They are both single mothers (no, there's funny business going on!), with shaky credit but good income history, who are trying to get their lives back on track. One of them was offered and took a financial incentive to extend to an 18-month lease (IF she makes all payments on time) so I don't have both leases ending at the same time. She has since done that AND painted the entire inside of the house.....all it cost me was paint and supplies!

One thing about being a landlord that completely floored me is the number of people who want to rent a house for $1,000-$1,500/month, and fill out the initial application showing income of ~$800/month. I explained to one lady what the problem was with that; she couldn't understand it!

Thanks for relating that story. I have some years to go till retirement, but it's closer than it used to be. My financial guy and I were talking, he asked me if I gave any thought to what my expenses would be like in retirement.

I told him I was thinking about spending January and February in Florida and that I thought I could do a rental for X every year. He said, well, maybe we want to think of buying a place and rent it the rest of the year. We didn't go into any detail, but right away my head started to hurt thinking how the hell do I get a management company to handle it for me in Florida without going broke and without having tenants drive me to drink. Immediately I mentally shot down the idea - glad to see that it is indeed possible.

 

[hagberg]

Thanks for relating that story. I have some years to go till retirement, but it's closer than it used to be. My financial guy and I were talking, he asked me if I gave any thought to what my expenses would be like in retirement.

I told him I was thinking about spending January and February in Florida and that I thought I could do a rental for X every year. He said, well, maybe we want to think of buying a place and rent it the rest of the year. We didn't go into any detail, but right away my head started to hurt thinking how the hell do I get a management company to handle it for me in Florida without going broke and without having tenants drive me to drink. Immediately I mentally shot down the idea - glad to see that it is indeed possible.

Depending on where you want to spend your vacations and what you're looking for (house vs condo/apt), you might find something you can offer through one of the many rental sites (Homeaway, AirBnB, etc.). If you follow through, also consider how you're going to pay for it. Both houses were cash purchases for one simple reason: they're owned by an LLC. I did that to protect my personal assets from any potential lawsuits. NO lender in FL will carry a mortgage for an LLC. No idea why, but they all said they couldn't, not wouldn't.

I make about 20-23% profit on my investment (combined after taxes & insurance); if I could have obtained mortgages, the actual $$ would be less but the % earned would be closer to 40-45%. Keep in mind I bought when the market was bleak and prices were down, plus they have a lot of sweat equity in them! If you don't mind the risk - which is lessened if you're a good and diligent landlord and/or use a rental agency - you can get a nicer place, which is more comfortable for you and more likely to get rented.

BTW, both of mine are LTR; I couldn't get squadoosh for them as seasonals! Just something else to consider.

 

[LafayetteBear]

Centreville: I'm really surprised (pleasantly so) to hear that you were able to get both a judgment AND a writ of possession approved and signed in a single hearing. That does not happen in California. Here, it is first the judgment, and then an application for a writ of possession, with service and necessary waiting time.

Second, you mentioned hitting your tenant with interrogatories. Are you talking about doing a "debtor's examination/" Plaintiff sometimes do that, even with ostensibly judgment proof defendants, just to inconvenience the defendant and thereby get a little of their own back. But it is possible this woman has some assets or income you could go after. If you are willing to spend the money knowing in advance that it may yield no economic return, you should go ahead.

 

[CentrevilleLion]

Centreville: I'm really surprised (pleasantly so) to hear that you were able to get both a judgment AND a writ of possession approved and signed in a single hearing. That does not happen in California. Here, it is first the judgment, and then an application for a writ of possession, with service and necessary waiting time.

Second, you mentioned hitting your tenant with interrogatories. Are you talking about doing a "debtor's examination/" Plaintiff sometimes do that, even with ostensibly judgment proof defendants, just to inconvenience the defendant and thereby get a little of their own back. But it is possible this woman has some assets or income you could go after. If you are willing to spend the money knowing in advance that it may yield no economic return, you should go ahead.

Yes, I'm considering interrogatories for potential asset claims. After she bounced the second check she claimed that she had just received a big inheritance and her bank froze her account and didn't tell her. I want to catch her in as many lies as possible. Keep in mind that I'll be a state witness next month for her criminal trial and if I can use this mode to prepare for that, so be it. Unless I'm not allowed by law, I plan on conducting these myself. She definitely has income > $100 K/yr. that I can garnish. She works for the USG.

 

[ClarkstonMark]

Yes, I'm considering interrogatories for potential asset claims. After she bounced the second check she claimed that she had just received a big inheritance and her bank froze her account and didn't tell her. I want to catch her in as many lies as possible. Keep in mind that I'll be a state witness next month for her criminal trial and if I can use this mode to prepare for that, so be it. Unless I'm not allowed by law, I plan on conducting these myself. She definitely has income > $100 K/yr. that I can garnish. She works for the USG.

Serious question ... do the courts care if she lied to you?
You'd think you would be able to garnish, but who knows, you might be in line behind Amex, Citi, Chase, IRS.
Good luck

 

[LafayetteBear]

[QUOTE="CentrevilleLion, post: 2709395, member: 1602"After she bounced the second check she claimed that she had just received a big inheritance and her bank froze her account and didn't tell her. [/QUOTE]

Sounds like the old Ethiopian ambassador scam they pull on gullible Americans ("Just send me a little money, and I'll cut you in on millions.") Let her have it.

 

[ILLINOISLION]

Send Guns to talk to her.....after she listens to 21 volleys from him, she'll clear out right away!

 

[CentrevilleLion]

Send Guns to talk to her.....after she listens to 21 volleys from him, she'll clear out right away!

Hmmmm...perhaps somewhat impractical logistically, but otherwise has quite a high probability of success.

 

[rohrmd9]

Sorry to hear you are having this issue.

My Dad went through this and I hate to say it but I agree with whomever said you won't see a dime of what they owe you. The tenant at my Dad's house knew the system and worked it to perfection...continued appealing on the last day every time to extend another 30 days. She was in there 6 months before he finally got her evicted. To top it off when she finally left (which was mid-February) she had West Penn shut off power and all his pipes froze and burst. He won the court case against her and she owed him thousands of $ for back rent, etc. He never got a dime of it. I'm sure she's in another state suckering some other poor landlord.

 

[CentexLion]

Q for the all-knowing McAndrew board:

I have to be in court for the initial appearance for an eviction procedure. We've already executed the 5 day Notice to Quit and had our tenant served papers to appear. I was hoping to get a Default Judgement and Writ for Possession last Monday (assuming the dope would fail to appear), but she sent the judge a request for continuance which was granted. I don't know for a fact what her basis was, but it's almost certain that she claimed that she was out of the country on business. I believe that because she told us in an email that she would be heading out of the country last Sunday and then sent us an additional email Tuesday night saying she was currently out of the country (a friend sent us a picture of her sitting on a barstool having a pint of Guinness at the very moment she was telling us she was out of the country).

Today I sent her a delineation of how much she owed in overdue rent, late fees, bounced check fees (I received a summons to appear next month for her criminal trial on the bad checks), etc. and she responded this evening that she was unaware of the new court date tomorrow at 1000 at the Leesburg GDC and would not appear again because she is in Dubai (don't know if she requested an additional continuance). How many of those effing things can you ask for?

So here's the kicker; we know for a fact that she never left town. I have multiple eye witnesses who saw her at her favorite local bar on M, T, and F of last week. Tomorrow if the judge says she received another request for continuance from the dumbass, what are my options? Do I ask for permission to speak and tell the judge that I can prove that she never left the area? What proof would be needed? Given that the judge granted the continuance last Monday, I want to be careful to not make her feel like a goof for being duped. I'm guessing that granting continuances is pretty much routine, no?

The objective tomorrow is to convince the judge to grant us a the DJ and Writ thus allowing me to process the paperwork for wage garnishment. I want to get on that ASAP before this nitwit is fired.

I'm laughing my a$$ off reading this, but I assure you, this is not in jest.

TIA

Owned a rental in NH after we moved back to TX. Rented to a fellow employee. Single mom. 2 kids. Things went well for 3-4 months (month to month lease), but then she had her ex move back in. He started running coke again, and missed 2 payments. We started proceedings, but with her having 2 kids, it would have been a long process. Market was good, so I sold it ASAP. That got rid of the problem

Good luck to you.

Is your tenant hot? Can you post the picture of her with the Guinness?

 

[Mr. Potter]

Q for the all-knowing McAndrew board:

I have to be in court for the initial appearance for an eviction procedure. We've already executed the 5 day Notice to Quit and had our tenant served papers to appear. I was hoping to get a Default Judgement and Writ for Possession last Monday (assuming the dope would fail to appear), but she sent the judge a request for continuance which was granted. I don't know for a fact what her basis was, but it's almost certain that she claimed that she was out of the country on business. I believe that because she told us in an email that she would be heading out of the country last Sunday and then sent us an additional email Tuesday night saying she was currently out of the country (a friend sent us a picture of her sitting on a barstool having a pint of Guinness at the very moment she was telling us she was out of the country).

Today I sent her a delineation of how much she owed in overdue rent, late fees, bounced check fees (I received a summons to appear next month for her criminal trial on the bad checks), etc. and she responded this evening that she was unaware of the new court date tomorrow at 1000 at the Leesburg GDC and would not appear again because she is in Dubai (don't know if she requested an additional continuance). How many of those effing things can you ask for?

So here's the kicker; we know for a fact that she never left town. I have multiple eye witnesses who saw her at her favorite local bar on M, T, and F of last week. Tomorrow if the judge says she received another request for continuance from the dumbass, what are my options? Do I ask for permission to speak and tell the judge that I can prove that she never left the area? What proof would be needed? Given that the judge granted the continuance last Monday, I want to be careful to not make her feel like a goof for being duped. I'm guessing that granting continuances is pretty much routine, no?

The objective tomorrow is to convince the judge to grant us a the DJ and Writ thus allowing me to process the paperwork for wage garnishment. I want to get on that ASAP before this nitwit is fired.

I'm laughing my a$$ off reading this, but I assure you, this is not in jest.

TIA

I do a decent amount of real estate law on behalf of landlords. Object to the continuance, bring witnesses to offer first hand accounts of her presence in the area.

A bit of insight, in 2016 at the PA Judicial Conference the theme the judges were instructed was to be absolutely critical of every step a landlord makes. The benefit now lies with the tenant where it used to with the Landlord.

For instance in Phila if you don't have a current rental permit, your screwed they won't entertain anything. Same with code violations on the property.

 

[Sharkies]

One thing about being a landlord that completely floored me is the number of people who want to rent a house for $1,000-$1,500/month, and fill out the initial application showing income of ~$800/month. I explained to one lady what the problem was with that; she couldn't understand it!

Possible income under the table, no? Either way, agree, that's crazy.

 

[hagberg]

Sorry to hear you are having this issue.

My Dad went through this and I hate to say it but I agree with whomever said you won't see a dime of what they owe you. The tenant at my Dad's house knew the system and worked it to perfection...continued appealing on the last day every time to extend another 30 days. She was in there 6 months before he finally got her evicted. To top it off when she finally left (which was mid-February) she had West Penn shut off power and all his pipes froze and burst. He won the court case against her and she owed him thousands of $ for back rent, etc. He never got a dime of it. I'm sure she's in another state suckering some other poor landlord.

This is a big problem; tenants can get away with this because - in most state - landlords will get hammered if they are ever contacted by a potential future landlord and provide ANY negative feedback. You have to refrain from anything other than "Yes, so-and-so was a tenant from <date> to <date>."

I so badly wanted to tell one person that my first tenants, who were in place when I bought the house and who I stupidly allowed to stay, left owing a couple thousand dollars, and that I had to track them down every month to get what rent I could. And forget about eviction if they have a special needs child. I preferred not to be taken to court as a defendant even more!

 

[hagberg]

Possible income under the table, no? Either way, agree, that's crazy.

The stories I could tell.....

There was a stripper who claimed she made >$5K/month but could only prove about 20% of that. I figured what I would pay for a LD, multiplied by "not in a million years," and insisted on a letter of verification from her employer. Never heard back.....