--68.8.xx.xxx

Hope it’s all over and will never repeat again. --174.203.x.xxx

Best wishes on get it ready to re-rent and finding a responsible tenant! --173.20.xxx.xxx

Best of luck, and please share what happened. --73.93.xx.xx

--24.20.xxx.xxx

Got the cleaning crew on speed dial. I'm not about to tackle a toilet or tub. Yuk! But she's a OCD clean freak and I'm assuming she will leave everything fairly nice. She did manage to GOUGE an entire window ledge ON VIDEO trying to prove MOLD. I'm going to have to fix that. The Judge reaction to seeing my Tenant with a huge screwdriver, prying up a 4 inch wide window sill and tearing it away from the aluminum windows was priceless! Judge kept saying, "It's a 1951 OLD house and I don't see any mold." Good for me. As for the Security Deposit, not a problem, I had to use that for February's rent to cover my mortgage so it's not an issue. If she claims she is due anything, I have proper documentation that she agreed to my crediting it to February and therefore has NO security. I only did that because she was supposed to move out (on her own say so) the 1st week in March. Fooled me. Yep, never will believe a Tenant again. No security means I will just have to deduct repairs/expenses on my income tax. AND as for the locking out bit, I bought 2 of those "metal clamshell doorknob cover" locks. That's all I need for a 30 second lock out of 2 outer security doors. The rest I can do on my own. I installed all 8 knobs and deadbolts myself. Easy to do. I'll just replace them with 'rekeyable' ones like I have on my other rental. Dad didn't have any sons, so he taught me everything. Lots of stuff I can do except avoid an Evil Tenant like this one. Oh the lessons learned! --68.8.xx.xxx

Word to the wise-- be careful what you say-- you could be the one in jail for lying to the court. JUST saying! --103.27.xxx.x

We had one nonpaying tenant sit on her sofa during her eviction. I had to tell her to start putting her stuff in her car. Wonder what she though was going to happen to all of her things that were being put out on the street? --24.233.xxx.xx

--71.219.xx.xxx

Yep myob, got it all handled nice and legal. Judge has a copy of the Rental Agreement (entire 21 pages, everything but the kitchen sink included) which spells out that the Security Deposit can be used by mutual agreement to cover rent. I had a voluntary move 30 day move out from her and believed when she said she would leave March 1. I used the Security with her approval and in writing on Feb 2. We discussed it in court and Judge approved my petition and awarded March and April's rent. I didn't file the case until April 8th with all the proper notices included and properly served on April 2nd. No money after that despite her trying to give me March's rent (as a kind gesture she said) So if she wants to complain now, she has to pay me back February's rent, and then I will credit her with a Security Deposit. Defeats her purpose, as then I could DEDUCT from her Security. I doubt she will do it, but then again, she's made some really big mistakes in court already (like mouthing off to the Baliff). Yes she did! She had bolted from the courtroom just as our case was being called. Baliff went to get her, and she wasn't pleased. Made quite a scene. Was fun to see. Right during another case being heard. So then instead of our case, the Baliff called the NEXT case under ours. She was doubly vocal on that one. AND just before that, her Cell Phone rang (loudly) and the Baliff almost grabbed it. First rule of court, no cell phones. I'm guessing the 'bolting' was to answer the phone call. Then after the Judgment and Writ, she called an Ex Parte to plead for the Judge to overturn the verdict and/or award her more tile to move. She already had since Feb 2nd. Geez. Judge asked if she could pay the daily rate for the days she wanted to stay and of course she had NO money. Judge asked me If I would allow her a little more time, and I pratically shouted, "Absolutely Not!" End of Ex Parte, except when she tried to tell the Judge that I had lied and that she had paid all her rent including May! My mouth fell open, literally. Not kidding. She was waving a piece of evicence I had to provide her, that had the rent receipts that she didn't pay and she was trying to say they proved she paid every panny. Like a Perry Mason Moment. Yep. Judge told her to consult a lawyer and we were done. I'm still reeling from the whole ordeal but I'm looking forward to next week when I have an empty house. --68.8.xx.xxx

Sorry about the typos in my previous post. I type way too fast! Didn't proof it. Oh well. --68.8.xx.xxx

--71.38.xxx.xx

Property recovery law after a Lock Out allows 15 days to pick everything up if you serve the notice in person. It's 18 days if you mail, or email, or phone it. I'm going for the 15 day. I have to safeguard the property for that time. After time is up you can dispose of it any way you want provided it's not worth more than $700. That's another matter. She doesn't have even $500. worth of anything. 3 beds, 2 dressers, a desk, a kitchen table, 2 TV's oh and the SNAKE. Yeah, she moved in with a snake. Never saw it don't want to. Ugh. Then all the little stuff. She will probably claim massive diamond jewelry, electronics, rare art work and all that. She has nothing. Been from home to home eviction to eviction since 2008 and I'm number 7. Not a good life, feel sorry for the kids (well 18 and 27 aren't really kids). They know the routine by now. I don't think she's learned anything except better ways to con people out of rent. --68.8.xx.xxx

I am glad you are getting this resolved. Hope all goes well. Just make sure you screen well for next ones. --73.120.xx.xxx

BRAD --73.102.xxx.xxx

You need to send a security deposit accounting to her within 21 days after moveout. Do this even if you already used the security deposit and the judge already saw your agreement, because that's what the law says the LL needs to do. Cover your backside and avoid the chance of even more trouble. --73.231.xxx.xxx

I'll report when I can about anything interesting. I'm just keeping on my toes with the court since she might file another Ex Parte and I will have to rush off to the hearing. Not a good thought as I've done it before and it's a major hassle. She's sneaky. --68.8.xx.xxx

I think you should review the accounting statement, from what I have read the balance will be underwater, which you maybe able to recover if you follow collection guidelines, get everything ready to roll in October so you can petition the IRS December for a refund coming in 2020. --76.188.xxx.xx

Well today was to be the 'Sheriff lock out'. Not going to happen since the Mom pulled one last trick. She knows them all and is getting pretty good advice from somewhere as to how to stay free as long as possible. When I rented the house to this family, the Mom insisted (and provided SSI paperwork) that her adult son has a mental disability. I took her word for that, given she was the 'payee' on the SSI account. So I didn't have him fill out an application (even though he was an adult) and she said he couldn't sign anything so he is listed only as an occupant on the Lease. NOW she decides on lock out day, that she will fill out and have the son sign the Prejudgment Claim and file it with the Sheriff. That completely stopped the eviction. Yep. Smart gal. So then I had to rush into the downtown court (1 hour by trolley each way) and file an Ex Parte emergency hearing to explain to the Judge why the duality of the stories about her handicapped/vs totally able to fill out complex forms son. Can't have it both ways. Sheriff was nice enough to give me a 2 hour window to get to the courthouse before the paperwork would be there. Love that one. So then Mom informed me that she now has 17 extra FREE days to live in my house. 2 days to file the actual paperwork for the Prejudgment paper and 15 days for the actual hearing date to be set by the Judge. She's right for the most part. Although she isn't aware that if she wants the extra 15 days, she will have to deposit the per diem rent for those days in a court account. She will find out soon enough. My Ex Parte is tomorrow, it's her last day to file all paperwork for the Prejudgment. Worst case scenario, the whole case is invalidated and I have to start the eviction over from the beginning including the son (who can't sign anything) to the complaint. I'll do it if I have to. Nobody has paid any rent since January 4 and if I have to file again, it should be so simple now that I know all the things I need. My hope is that the Judge sees the paperwork from the son and compels him to appear in court to explain. He won't be able to explain without Mom talking for him. Besides, he wasn't an 'unknown' tenant at all, he was on the lease from the beginning. I'm very very depressed, but not giving up.I'll update when I get some answers. Hopefully, the Judge will just see the Prejudgment papers and DENY them outright because he's already on the lease from day one and not someone who just sneaked in. Arrraaaaghhhhh! --68.8.xx.xxx

Bummer! You are certainly are getting an education on what and how things happen. You'll certainly never be duped this way again. And the knowledge you are gaining to help others is of value too. Hang in there. She may get a few more days but here is the bottem line... SHE IS MOVING! lunch on! --66.87.xxx.x

My experience is that you have to get all their stuff out as fast as possible otherwise they will break in later at night. Once all their stuff is piled in the backyard, then they realize they no longer live there. My typical evictee is due to drugs, so my experience with tweakers may not apply here. Have a clean up crew lined up to haul out all the furniture and whatever and "store" it outside and tell them to haul it away to their dad's house or storage unit . . . --201.140.xxx.xx

So the hearing to figure out if the son was legally a tenant or not and if the 'claim of possession' was valid or if I had to start all over from the beginning, was hijacked by the defendant when she said she was filing a motion to be her son's 'guardian ad litem'. I objected because she is already her son's guardian per the SSI grant paperwork where she is his Payee and in charge of his finances. BUT the Judge granted her 2 more weeks till the next hearing so she could apply for guardianship whatever. And it's all FREE. No money in my pocket. This makes month 3 of no rent, going into month 4 by the time we have the June 3rd hearing. I have no idea what will happen at the hearing. Judge did ask the defendant if her son was 'disabled' and got no answer, and asked again, got some stuttering and avoiding, and the Third time asked more forcefully and defendant finally answered, yes. OK it's on the record that he's disabled (mental disability per mom to me in the beginning) Mental age of 12 so she told me, which is why I didn't have him sign the rental agreement. How could I? I have no first hand knowledge of his condition other than what mom tells me and I can't ask or I'm in violation of several laws that protect disabilities. So I'm on a short hiatus waiting for the court hearing and worrying like crazy if the Judge will find HIS claim to possession valid and make me start all over with eviction proceedings against just him or mom and minor son who I already have a judgment against. Scared to death this will just drag on for 3-4 more months with me getting no rent and I'm more than desperate for income. Awful situation, never will rent to anyone again just because they seem nice and just got a huge (49k tax free grant) to move from her previous place. Don't know what she did with all that cash, but I sure didn't see it and that was the prime reason I rented to her. Company who paid me the first month and security sent me paperwork verifying the amount and that she was paid enough for 3 1/2 years of rent. Evil Tenant, I believe she did this on purpose knowing I was a nice person and intended to do just what she is doing to stay here free forever. Application looked OK, employed, OK income, etc. blut later I found out she lied about almost everything and she had already moved in. Won't give up, I will keep trying. --68.8.xx.xxx