Eviction

On Sept 14 coworker and I returned to building to speak to locksmith about rekeying building. Locksmith advised us that he had seen the problem tenant walking down the street. Coworker, locksmith and I entered suite to make sure it was still secure. It was secure and nothing had changed. Approximately 10 minutes later a tenant from the building was coming out to talk to us when the problem tenant came around corner of building. Tenant closed door quickly and problem tenant was demanding entry. Tenant would not allow entry and was visibly terrified. Problem tenant came towards us in the parking lot screaming at us saying it was illegal for us to refuse him entry. Stated that his father and uncle were lawyers and he was going to sue us for changing locks and refusing entry. 15 minutes later the same tenant came outside and told us that he was in the suite (above tenants suite). Problem tenant had broken in through the balcony door. Police were called once again and they stated that they did not know the legality of Landlord and Tenant Act, so they really couldnt help us. They suggested that we write a 24 hour eviction notice and they would stay with us for delivery after they had spoken to problem tenant. Problem tenant would not answer door when Police knocked on door. They suggested that we slip notice under door. What, if any, rights do we have and what can we do about this. Problem tenants latest eviction for nonpayment is Sept 20. The 24 hour eviction we gave him was Sept 15.  We have started papers through court to have him removed, but that is a 3 to 4 month procedure. We have also not been able to serve court papers because he does not answer door. Regards/help

This is maybe a little deeper ...

This is maybe a little deeper into the laws of your state than you want to get without a lawyer, so first off I would advise you to speak to one as they may have a better, more-informed answer. Why did the judge order you to pay the tenant? Had she overpaid at some point? It does not follow that she would be behind on her rent and you would have to pay her. 

I have spoken with someone in ...

I have spoken with someone in the legal field that have read the order and was stated that there was not a time frame on when I had to pay her the money. But to answer the other question. No, she had not overpaid for any rent, she now have been in the property for 2 months now rent free. The judge stated in the judgement that he agreed that tenant was not in the lines of the law for withholding her rent but he stated because I did not give her a copy of the Tenant/Landlord code book that she was ignorant of the law but she showed good spirit for the law so he was awarding her financial compensation to move as well as returning rental back to me. I know everyone that has looked at the order states that the judgement that the judge made didn't make any sense. Just my luck when I went to appeal the decision, I was turned down by that same judge stating time limit had passed. Go figure. Now, she wants to compromise to have her stay in rental until the end of September stating that would be even trade.

That is definitely an interest...

That is definitely an interesting issue in terms of legality. Unfortunately the laws work this way sometimes, which is why we almost always recommend getting as many things in writing as possible throughout the rental process even if things seem to be going well. 

If you evicted him through the...

If you evicted him through the proper legal chanels, there should be a public official (like a sherriff) that will be availale to help you remove the tenant. Some of these will change a fee for the service, but generally speaking that is how to get it done. 

Post Reply

Please login or register to add your reply.

Tenant Screening

Comprehensive credit & criminal screening.
Get access to bankruptcies, employment history, medical records, past addresses, evictions and more.

View Pricing & Get Started


Legal Forms

State-specific legal forms.
Lease agreements, rental applications, lease termination, eviction forms and much more.

Browse Our Legal Forms


Membership Pricing

Our paid membership plans now include free tenant screenings! Greater access to all of our features and the membership pays for itself!

View Pricing & Get Started

LandlordStation News

LandlordStation Blog