tenant moved out (by Ann [NH]) Mar 22, 2008 6:39 AM|
tenant moved out (by Jon S [PA]) Mar 22, 2008 6:50 AM
tenant moved out (by billy button [MA]) Mar 22, 2008 7:28 AM
tenant moved out (by NotNiceAnymore [MA]) Mar 22, 2008 7:58 AM
tenant moved out (by ManateeAlley [FL]) Mar 22, 2008 12:50 PM
tenant moved out (by nhsailmaker [NH]) Mar 22, 2008 2:05 PM
tenant moved out (by Ann [NH]) Mar 22, 2008 6:18 PM
tenant moved out (by Hamlet [GA]) Mar 22, 2008 7:54 PM
tenant moved out (by Josh [CA]) Mar 23, 2008 11:04 AM
tenant moved out (by Ann [NH]) Posted on: Mar 22, 2008 6:39 AM
State Specific Question About: NEW HAMPSHIRE (NH)
I have a question.
Background:I had a tenant on a weekly rental schedule.We both attend the church. She stopped paying rent after a month. We followed the our states procedures for evication. On Feb 28 the Tenant moved from the apartment 7 days before we received a default judgement from the court. The next door tenant and the landlord across the street from the apartment saw her move out and did not return. She removed her name from the mailbox and left no forwarding address. On March 6th I had to enter the unit for pre-scheduled plumbing work. The tenant had been notifed in writing, sent cetified mail in advance of the appointment date.She did not respond. The tenant was gone. She left out food to spoil, used diapers and garbage in the unit. Anything of value was removed from the unit. Broken toys and a used sofa was left behind. She stuffed forks down the kitchen sink drain. I had the unit emptied and the locks changed (March 11). On March 7, the court give us the default judgement.On March 17th she called demand access to the apt. and her things. I told her it's gone. She complained to the court that I did an illegal evicition. Hearing is on March 28.
We believe we did not illegally evict her. She left the apartment before the court took action. She damaged the apartment. Left no forwarding address. she told people in the church and at the apartment she had moved at the end of February. If I had recieved papers from the court before March 6 I would followed the court's precedure of holding the former tenant's possessions for 30 days before disposal.
Are we right or is she? --205.188.xxx.xx
tenant moved out (by Jon S [PA]) Posted on: Mar 22, 2008 6:50 AM
You took pictures of the condition of the place right? If you did, there is no judge in the world that will believe her story that she had intended to live there. If you didn't... well, that's another story. --76.125.xxx.x
tenant moved out (by billy button [MA]) Posted on: Mar 22, 2008 7:28 AM
when they leave i try hard to get keys to avoid just this problem.i would have held things for a month or so to avoid this problem.did she have mail address changed?did she have utilities disconnected?can u get witnesses to back u up regarding her saying she moved out?how much is she looking for.maybe u pay her 30 bucks and problem is solved?bribery sometimes works.good luck.how did this piece of crap get in your apt?did u screen?dont give us the "church member" excuse.u have to screen carefully.best wishes. --208.58.x.xx
tenant moved out (by NotNiceAnymore [MA]) Posted on: Mar 22, 2008 7:58 AM
Bring all the evidence you have to court. Especially the people she told she was moving out.
Good Luck. --216.99.xxx.xx
tenant moved out (by ManateeAlley [FL]) Posted on: Mar 22, 2008 12:50 PM
Good news.....now fill out all your paperwork to file suit for back rent and damages, and arrange to meet her saying she may have some items you located. Have your (private) process server waiting with you when she arrives. You get to see the look on her face....."priceless"! --71.196.xx.xxx
tenant moved out (by nhsailmaker [NH]) Posted on: Mar 22, 2008 2:05 PM
YES you should have stored her stuff for 30 days but you say she is claiming self eviction.... then that is a different story.
Get your friends to write up an affidavidt on what she told them and have them notorized. That will help. Did you take pictures? Make sure you bring all the court writ of posession papers & returned certified letter. Just tell the truth and dont speak unless Judge asks you a question - make your answer short and brief - dress professional and dont even grimmace or sigh when she lies. He will ask her most of the questions and she will lie within seconds and the Judge will know. My best friend and crew member is a NH Judge - He tells me all the secrets.
When you filed for writ of posession... did you file for past due rent? It would have been awarded when you got the Writ. If she has not paid up... go to court clerk on Monday and file a "notice of non- compliance" and have the clerk also call you when they are ready and NOT send. Bring them to court and ask judge then to allow you to serve her then and there..
She probably wont show on 3/28 but just in case .....also ask Clerk on Monday to get papers for a small claim and file for $2000 in damages. The amount can be amended later after you get all you receipts together. Make sure you bring your tenant file - as you will need all the SS#'s birth date etc. Use last known address. File it then & there. Have court clerk call you when the service papers are available. Dont allow her to send them. Ask her to make service by the Sheriff. Take papers to sheriff and tell them when she is due in court (date & time) - have her served then.
small claims $79 to Dist. court - Sheriff ~`$36 if court is close. Worth every penny.
I have 2 coming up that are years old and they got caught on the bench warrants for not showing up for case - Bail is waiting in the NH courts hands for judge to award it to me.
You have to go the extra mile for all the rest of us to make sure these deadbeats learn their lesson.
I had one falsely claim harrasment. After detectived hauled HER into interrogation about filing false claim she almost wet her pants and immediately left the state. Now she is Massachusetts problem.
tenant moved out (by Ann [NH]) Posted on: Mar 22, 2008 6:18 PM
Thanks for your replies I appreciate the input.
Yes, I did take photos, date stamped.
Yes I did credit and crimnal background check this person up front.
Based on the credit report we would have normally rejected her. We informed the Pastor and the Deacons of our discomfort from deviating from our standard business practices with this person. But..... We were asked as a personal favor from the Pastor to help her. As they say, no good deed goes unpunished.
I will look into the small claims case but frankly she cost us enough time and money. I don't feel like wasting anymore money on such a loser.
I will update you all after the 28th. I will then let the world know her name.
Thanks, Ann --64.12.xxx.xxx
tenant moved out (by Hamlet [GA]) Posted on: Mar 22, 2008 7:54 PM
In the future, find your tenants somewhere other than church. If I see a prospective tenant coming at me with a bible in one hand and an American flag in the other, I'm locking the door. --68.158.xxx.xxx
tenant moved out (by Josh [CA]) Posted on: Mar 23, 2008 11:04 AM
OMG I fell off the couch laughing at your reply Hamlet! Heck yeah I'm locking the door too!