Tenant Disaster... Need some ideas Oppo

"E92M3" (E46M3) 08/17/2016 at 19:29 • Filed to: None

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Long story short I’ve got this drug addict crazy tenant that refuses to vacate. I’ve started the eviction process, but the court is in no hurry. She’s already caused hundreds in damages, been arrested, lost custody of her kid. My hands are tied thanks to our legal system, and she fully intends to squat on the property until the court ordered eviction is complete. I want to make her remaining time uncomfortable. She was smart and told me she was going to be out Monday (Sunday night), and had called to have the utilities turned off on Tuesday. I had them switched into my name. I went to let in the cleaning crew, and learn she’s STILL there today. She wouldn’t let us in, asked us to leave, and when I let myself in she called the police saying I was harassing her. Legally I’m not allowed to have the “heat, lights, or water” turned off. It doesn’t say anything about AC. I consider that a luxury. Should I pull the service disconnects for the AC units and sweat her out? I’m not allowed to change the locks and lock her out, but what if I remove them all together? That way she’s not locked out, but she can’t lock herself in either. I doubt she’d be able to sleep with doors that won’t lock. I know she has no money to replace them either. Let’s hear your ideas!

BmanUltima's car still hasn't been fixed yet, he'll get on it tomorrow, honest. > E92M3 08/17/2016 at 19:30

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Where are you, and do you fall under any renters laws?

Sam > E92M3 08/17/2016 at 19:37

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Can you remove the door altogether? Also, are the appliances (if any are there) yours? Because you could probably take them back into your possession.

E92M3 > BmanUltima's car still hasn't been fixed yet, he'll get on it tomorrow, honest. 08/17/2016 at 19:37

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GA. Yes, I can’t lock her out and can’t turn off the utilities. I CAN make the AC not function (without having the electric disconnected) though.

Urambo Tauro > E92M3 08/17/2016 at 19:41

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Remove the entry door like Sam suggested. Tap the three hinge pins out and confiscate it.

BringBackTheCommodore > E92M3 08/17/2016 at 19:43

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The only advice I would have is find a damned good attorney. Might not be the way you want to do this, but this will leave you out a bunch of simoleans whichever way it shakes out. This is shitty, and I hope it works out for the best for you.

My citroen won't start > E92M3 08/17/2016 at 19:44

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want to make her remaining time uncomfortable

Or you could get a lawyer and wait the justice system solve it, have some empathy and not make someone who probably is at their lowest any more miserable.

E92M3 > Sam 08/17/2016 at 19:44

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Oohhh that’s a good idea with the door. All appliances are mine.

nermal > E92M3 08/17/2016 at 19:46

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Ugh. Some people are just absolutely worthless, it’s unfortunate that it appears that you have one renting one of your properties.

As much as I’m sure you’d enjoy being a complete dick about it, you’re best to let clearer heads prevail and think long term. The most important thing is to minimize damage to your property. Provoking them by shutting off the A/C or something similar will lead to retalliation, which will be worse for you than just dealing with it.

Follow the legal eviction process, and thoroughly document EVERYTHING. Remember, this person does not give two shits about you or your property, otherwise she would pay the damn rent and not trash the place. The only recourse she has is trashing the place, so you want to avoid doing anything to provoke her. Also, this person WILL try to take anything they can get from you, and anyone else. This means finding the real estate equivalent of an ambulance chaser to take legal action if you do not follow the proper eviction procedure, or otherwise attempt to “wrong” them.

TL;DR - You’re boned. Accept that you are boned. Minimize losses, don’t piss them off, and be more stringent with choosing the next renter.

Biggus Dickus (RevsBro) > My citroen won't start 08/17/2016 at 19:46

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I can’t speak for OP, but I have zero sympathy for people who make repeatedly bad decisions.

Rust and Dust - Oppositelock Forever > E92M3 08/17/2016 at 19:47

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Georgia? You bet your sweet ass I’d pull the discos on the AC. Have access to the water heater? Law says water must remain, but I’m willing to bet it doesn’t stipulate hot water. Yank them, too.

Are there other tenants in the building you’ll be inconveniencing, or is she renting a house from you?

Jordan and the Slowrunner, Boomer Intensifies > My citroen won't start 08/17/2016 at 19:49

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Because the justice system drags it’s ass and could take months, even years.

BorkBorkBjork > E92M3 08/17/2016 at 19:49

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Unfortunately, human scum tends to be very adept at using the law to screw people over. There is little you could do, and anything you do will likely be used by her and some lawyer to sue you for some sort of damages.

Similar story, I had an acquaintance of mine hired a worker to do some repairs on his house while he was out of town, giving the worker a key. When my acquaintance returned, he found that the worker was living in his house, and had no intention of moving out. The Sheriff got called, and the worker claimed that he was told he could move in and blah blah blah. Law stated that you had to give 30 days notice to anyone before you could forcibly evict them, so this guy lost his house for a month.

Just be careful and consult a lawyer.

E92M3 > Rust and Dust - Oppositelock Forever 08/17/2016 at 19:49

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Now that’s an idea I never thought about. It just so happens to be in the garage too (which she always leaves wide open).

It’s a house

My citroen won't start > Biggus Dickus (RevsBro) 08/17/2016 at 19:50

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I’m not telling OP to leave her cookies and milk, but “make her uncomfortable” is a bit much.

Sam > E92M3 08/17/2016 at 19:50

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There’s 0 chance she sticks around if she has no door at all. Maybe take the appliances out at some ungodly hour. 4AM on a Wednesday, you and your crew stroll in and start dragging things out.

someassemblyrequired > E92M3 08/17/2016 at 19:50

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Unfortunately the laws are badly tilted in favor of these deadbeats in most jurisdictions. Theoretically you can take all of the deposit, and you can and should get a judgement for anything over that amount (though don’t expect to see anything out of that). Don’t do anything that might get you in trouble with local authorities or tenant’s rights do-gooders.

This is one of those landlord situations that you learn from and make sure it is never repeated. Make sure you screen tenants, and always, always deny for credit issues, red flag convictions/law run-ins, and evictions, no matter the sob story. Charge a hefty deposit, and always charge an application fee to prospective tenants (eliminates a lot of troublemakers). Allowing pets is also a good tactic, as the unit usually rents faster (and tenants stay longer), and if you put pet negotiable you can reject any tenant with a pet without having to justify yourself.

WilliamsSW > E92M3 08/17/2016 at 19:51

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I’d be careful what you post on here - - hopefully you can’t be ID’d easily from this, but I’d hate for anyone to see this and try to use it against you. As much as it sucks to pay $$ for an attorney, Bring Back the Commodore’s advice is good. I wonder if you have some recourse on the utilities - she got you to pay for the utilities under false pretenses, IMHO. Turning off the AC seems like a good and reasonable idea, removing the door does not - the latter may seem spiteful to the court. Good luck!

E92M3 > someassemblyrequired 08/17/2016 at 19:55

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She was a model applicant 2 years ago. 700 credit score, no criminal background, 8 years at her company, promoted to director of business development. Hell, she was even an aid to John Kerry when he was running.

Then she found meth.

E92M3 > Sam 08/17/2016 at 19:58

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You know it was making a sqeaky noise today. Better take it off and take it with me so I can repair it.

someassemblyrequired > E92M3 08/17/2016 at 19:59

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Damn - that’s a crash and burn if I ever saw one. There’s always that 1 in 100 chance. Nermal’s advice is good. Accept you are screwed, document everything and just wait for the cards to fall. Ugly situation. But get the judgement for any damages above the deposit, as someone like that probably has some assets (or might in future if they get clean).

jimz > E92M3 08/17/2016 at 20:03

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honestly there are good reasons the laws are tilted in tenants’ favor, but you’re stuck in one of the edge cases where they’re a downside.

all I can say is follow the legal eviction process, and don’t do anything else which makes you look like you’re acting in bad faith. otherwise you give her ammo to use against you in court.

and that’s the important thing to remember- you’ve got a long history with this whacko, but when it gets to court this is the first they’ve heard of either of you. the record of conduct on both sides is all they will have to go on. you want to look squeaky clean. So, follow the process, don’t fuck with her, don’t do anything unseemly.

The Lurktastic Opponaught > E92M3 08/17/2016 at 20:03

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Damn.

E92M3 > someassemblyrequired 08/17/2016 at 20:04

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She has nothing. She’s literally lost just about everything. About to lose her furniture too from the looks of it. Her car is about to get repo’d. She knows I could get a judgement, but would have no way to collect. My only hope is that one day she buys a house, and I can put a lein on it. But her credit is f’d at this point.

someassemblyrequired > E92M3 08/17/2016 at 20:11

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Yep you’re 100% right, but you can probably just go to small claims and get a judgement entered for a minimal filing fee just in case. Once cleanup gets done, another good trick if you have military nearby is to advertise the place at the base housing office first (it’s a sorta good time of year). Military tenants are usually a good bet, because if there’s any issues you can call their CO.

AfromanGTO > E92M3 08/17/2016 at 20:11

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Disconnect the ac and hot water. Also you can’t turn the water off completely, but you can barely turn it on at the main. Like an 1/8 of an inch of turn from completely off.

My citroen won't start > Jordan and the Slowrunner, Boomer Intensifies 08/17/2016 at 20:11

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But it’s still the justice system. You can’t just waltz into a bank vault and get your money if you think the bank is taking too long to make a transfer, there has to be some due diligence.

Jordan and the Slowrunner, Boomer Intensifies > My citroen won't start 08/17/2016 at 20:21

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No you can’t, but you can make people want to leave. And you can’t just let people keep getting away with shit when they are clearly the problem.

My citroen won't start > Jordan and the Slowrunner, Boomer Intensifies 08/17/2016 at 20:25

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I’m quite sure one drug addict is not THE problem, but a result/part of the problem.

JQJ213- Now With An Extra Cylinder! > E92M3 08/17/2016 at 20:29

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Just double check with the state on appliances. Some states require certain appliances to stay in the house. Others are considered luxuries

JQJ213- Now With An Extra Cylinder! > My citroen won't start 08/17/2016 at 20:30

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If this was someone down on their luck but trying to do right I would feel differently.

But if shes like OP said, actually damaging the property and refusing to corporate, I wouldn’t have much patience either.

His Stigness > E92M3 08/17/2016 at 20:33

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I think you can turn the AC off without getting in trouble as she's not paying utilities (I'm assuming), and it is a luxury, so I say disconnect the AC unit.

Nimbus The Legend - Riding on air like a cloud > E92M3 08/17/2016 at 20:46

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reject political workers LOL

IanZ - limited-slip indifferential > E92M3 08/17/2016 at 20:51

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Did you say you have a...

TENAT DISASTER?!?!

Even he looks ashamed at how bad that pun was

BmanUltima's car still hasn't been fixed yet, he'll get on it tomorrow, honest. > E92M3 08/17/2016 at 20:58

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Even if the tenant has been given an eviction notice?

E92M3 > jimz 08/17/2016 at 21:26

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You’re probably right, but they are familiar with her. She was just arrested a few weeks ago for kidnapping and trying to leave the country with her child, when she’s not supposed any contact with him.

E92M3 > BmanUltima's car still hasn't been fixed yet, he'll get on it tomorrow, honest. 08/17/2016 at 21:27

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Yup, the court gives the tenant time to prove they paid or attempted to pay the landlord.

Forge Crown Victor! > E92M3 08/17/2016 at 21:45

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The ac idea is the only one that works. Most shares have minimum requirements including doors that shut and lock for the exits of the house that if altered can cause you yo look like a shite landlord despite the circumsrances. Let the courts do their thing. After she is legally removed from the premises (with a notice and escorted by an authority) take lots of pictures of the damages and left over belongings. File a suit in small claims for damages and clean up fees. After she doesn’t pay for X amount of time you can file to have her wages garnished. This will literally take years and sadly (at least here) it’s the only LEGAL way to do so. Getting her removed forcefully from the premises will take between 90 and 120 days

BJ > nermal 08/17/2016 at 23:08

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Yep. Get them out, legally, and as fast as possible. And then cut your losses, because you’re better putting this story into your past than into your future.

MUSASHI66 > E92M3 08/18/2016 at 00:46

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I just managed to evict my tenants, similar story with drugs and domestic abuse. For this time, let it slide and follow the eviction procedures - you can be fucked if you don’t.

For future, if you ever get a bad vibe but have to rent, ask for a really large security deposit, which would cover 2x rent.

E92M3 > MUSASHI66 08/18/2016 at 06:17

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How long did the process take in your case?

MUSASHI66 > E92M3 08/18/2016 at 08:45

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Eviction should be a 3 working day notice (jdf101), as long as it takes you to serve them, file, get a court date and get a sherrif to evict. If say 15-30 days.

We were lucky - we managed to make them sign the lease cancellation and they moved out. I told them I would keep the deposit only. Otherwise, I told them I would not fuck around and I'd go for the whole deal - leftover payments until the end of the lease and $485 per hour for our lawyer. They left in a week.

E92M3 > MUSASHI66 08/18/2016 at 09:23

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She’s been served, and has 5 days left to answer the summons with a statement that she has paid or tried to pay. If she answers a hearing will be scheduled for both sides to present evidence. That could take weeks to get on the calendar. Even though I will easily win the case, she’ll likely be given ANOTHER 7-10 days to move out at that point. I have her deposit but it barely covers a fraction of the damages. I could sue her for the remainder, court fees, and loss of wages I’ve incurred taking off to deal with all of this. I would never be able to collect though as she has literally nothing, and she knows that.

MUSASHI66 > E92M3 08/18/2016 at 15:25

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Wage garnishment! It might take a decade, but you can get something back.