 eviction (by HK [ME]) Jun 7, 2019 4:12 AM
 eviction (by Steve [MA]) Jun 7, 2019 6:39 AM
eviction (by Still Learning [NH]) Jun 7, 2019 7:33 AM
eviction (by HK [ME]) Jun 7, 2019 7:38 AM
eviction (by S i d [MO]) Jun 7, 2019 8:17 AM
eviction (by Oregon Woodsmoke [ID]) Jun 7, 2019 8:36 AM
eviction (by Oregon Woodsmoke [ID]) Jun 7, 2019 8:41 AM
eviction (by myob [GA]) Jun 7, 2019 9:19 AM
eviction (by Nellie [ME]) Jun 7, 2019 9:30 AM
eviction (by Jeff [CO]) Jun 7, 2019 9:41 AM
eviction (by Robert J [CA]) Jun 7, 2019 10:21 AM
eviction (by Gabe [NY]) Jun 7, 2019 10:43 AM
eviction (by HK [ME]) Jun 7, 2019 10:57 AM
eviction (by myob [GA]) Jun 7, 2019 11:48 AM
eviction (by JB [OR]) Jun 7, 2019 11:59 AM
eviction (by Vee [OH]) Jun 7, 2019 12:08 PM
eviction (by CGB [MI]) Jun 7, 2019 12:20 PM
eviction (by Mike45 [NV]) Jun 7, 2019 5:17 PM
eviction (by JR [ME]) Jun 8, 2019 4:21 PM
eviction (by plenty [MO]) Jun 8, 2019 4:37 PM
eviction (by JKJ [MA]) Jun 8, 2019 7:13 PM
eviction (by JKJ [MA]) Jun 8, 2019 7:17 PM
eviction (by HK [ME]) Posted on: Jun 7, 2019 4:12 AM
Message:
-In the case where a tenant doesn't move after a 30-day eviction notice, do I have the right to let myself into their place (even though I can't legally get them out yet)?
-Can I block off their yard? (In the lease there's no mention of a yard.) There's a mountain of dog turds, and I want to start bagging it all up before it becomes a health hazard to neighbors.
-Any of you done your own evictions?
Thanks! --74.78.xxx.xxx |
eviction (by Steve [MA]) Posted on: Jun 7, 2019 6:39 AM
Message:
I've never heard of a "30-day eviction notice". Is this a legal document form a court or do you mean you've given them a 30 day notice to leave?
Either way if you go ahead with your plan to enter, block off the yard or restrict their use in any way, I think you're in for a world of legal problems. You need to learn the correct legal eviction / rental agreement termination procedures for your local area. You might start with Landlord/Tenant State Laws link at the top of this page. --96.237.xx.xx |
eviction (by Still Learning [NH]) Posted on: Jun 7, 2019 7:33 AM
Message:
Typically after a 30 day notice and they don’t leave, you would file with the court (at least in NH). If you don’t know what you are doing, hire a lawyer. I would not enter the dwelling or do work on the property. They still have possession. You have not given enough details, type of lease, what 30 day was for, rent paid and up to date, but even with that, still suggest a lawyer. --24.61.xxx.xx |
eviction (by HK [ME]) Posted on: Jun 7, 2019 7:38 AM
Message:
I issued them a legal 30-day document. Didn't want to give them a reason (as in 7-day) so this was a no-cause eviction notice, and I had it served by a sheriff.
I know the laws here in Maine but also know that if even one word is wrong, the whole thing will be thrown out. I will also check out the Laws section on this page. Thanks. --74.78.xxx.xxx |
eviction (by S i d [MO]) Posted on: Jun 7, 2019 8:17 AM
Message:
I say this kindly, gently, and with 100% desire for your best outcome...
The first two questions are majors NO NOs, and the fact you contemplated them at all tells me you've got some other interesting ideas that will cause a judge to throw the book at you.
Hire an attorney to get this done professionally, please....for your sake. Watch. Learn. Then next time may DIY.
The best case scenario is your case would get thrown out. Around here, judges don't take kindly to LL's who make up the law as they go along, and you would likely get hit with a stiff monetary penalty and possibly wind up in jail for B&E.
No, I do not DIY evictions. I've been in the biz since 2005 and hired an attorney every time. I want it done right, and I don't have time to waste sitting in court half a day. --173.20.xxx.xxx |
eviction (by Oregon Woodsmoke [ID]) Posted on: Jun 7, 2019 8:36 AM
Message:
You can't block the yard. But you can give them a 24 hour notice that you are going to enter the yard and you can go in and scoop the dog poop.
If you scoop the poop before they are out, you will have trouble with charging for it. The same with cleaning because they are still there and only have to tell the judge that they were about to do the cleaning and you didn't give them chance. (Unless you have a very specific clause in your lease about charging to clean up dog poop) --98.146.xxx.xxx |
eviction (by Oregon Woodsmoke [ID]) Posted on: Jun 7, 2019 8:41 AM
Message:
I can't figure out what you are doing, but if you gave them a legal notice to vacate and they didn't go, you will have to go to court and get a judge to order them out.
A landlord can't really do his own evictions. A landlord can do his own eviction paperwork and do his own appearance in court, and not hire a lawyer, but no one can actually evict the tenant but a judge, who will issue a writ to vacate. --98.146.xxx.xxx |
eviction (by myob [GA]) Posted on: Jun 7, 2019 9:19 AM
Message:
HK ME your second post says you know the law!
I'm sorry but from your question--YOU DON'T! --99.103.xxx.xxx |
eviction (by Nellie [ME]) Posted on: Jun 7, 2019 9:30 AM
Message:
HK - Pine Tree Legal has a tenant’s rights document. It is linked to at the top of the home page. The time frames are very specific. You’ll need to follow carefully.
Where are you in Maine. Bangor area has a great Apartment Owner’s Association with lots of available information. --70.16.xxx.xxx |
eviction (by Jeff [CO]) Posted on: Jun 7, 2019 9:41 AM
Message:
Oregon is right. You can't do a self-help eviction. I have also never heard of a "30-day eviction notice." --76.120.xx.xx |
eviction (by Robert J [CA]) Posted on: Jun 7, 2019 10:21 AM
Message:
A "Landlord" is the ruler and king of his land/property -- that's before the tenants moves in and you give them access. Once a tenant is living in your rental, you can do anything that will "make them move out" except cross your fingers and pray. This is why screening a tenant is such an important process.
Once you have issues with your tenant, you have to go the "legal" route. Notice, Service and then Eviction. Only if they are deliberately are causing damage can you call the police for help. --47.156.xx.xx |
eviction (by Gabe [NY]) Posted on: Jun 7, 2019 10:43 AM
Message:
A yard full of dog poop is indeed a health hazard to the entire neighborhood, and you are right that you do need to do something especially in warmer weather now.
I can't believe some of you on here haven't heard of 30-day evictions???! --74.78.xxx.xxx |
eviction (by HK [ME]) Posted on: Jun 7, 2019 10:57 AM
Message:
DIY paperwork, and I know the law as far as the PAPERWORK is concerned. Obviously a judge issues the official writ to vacate.
My question on the yard thing specified that the yard is not mentioned in the lease as being theirs.
Thanks Nellie. I am in the southwestern Maine area. --74.78.xxx.xxx |
eviction (by myob [GA]) Posted on: Jun 7, 2019 11:48 AM
Message:
HK Oh! thats different then. Block the yard and driveway-- don't allow them access. Turn off water at the street since its at the street and use power pole disconnect since it's on pole and not house.
HK keep this up--- is there a jail near by-- you may be finding yourself in it.
Just kidding of course. No judge would put a LL in jail to make a point. --99.103.xxx.xxx |
eviction (by JB [OR]) Posted on: Jun 7, 2019 11:59 AM
Message:
I hope you would have something in your lease about the T cleaning up after their animal(s). If not you need to put it in there and be specific. If you can charge for untended waste then do it. Take pictures, charge fines...but make sure you whatever you stipulate is legal for your state/city.
As for cleaning it up yourself, I would post a 24 hour notice to do so. You could let them know that they either immediately clean it up or you will be doing it. --24.20.xxx.xxx |
eviction (by Vee [OH]) Posted on: Jun 7, 2019 12:08 PM
Message:
It sounds like you know the law but have not used it wisely, get the court blessing on unpaid rent and services you have done to overcome tenant negligence regarding animals, human and otherwise. --76.188.xxx.xx |
eviction (by CGB [MI]) Posted on: Jun 7, 2019 12:20 PM
Message:
It sounds like you gave them 30 days notice of non renewal of a month to month lease. If they are still there, you need to begin the legal process of eviction. If indeed you already went to court and were given an "eviction" date, then, if the tenants remain, you contact the Sheriff who will physically remove them. If you are more specific, type of lease, type of notice, you will get better advice. --174.230.xx.xxx |
eviction (by Mike45 [NV]) Posted on: Jun 7, 2019 5:17 PM
Message:
I do NOT know Maine law and procedures.
Generally, if you serve a __ Day Pay Or Quit or a __ Day Notice of Termination, and the Tenant does not vacate, that is when you file an eviction lawsuit. Until the Court gives you possession (and until that is served by your Constable or Sheriff) you cannot lock the Tenant out (including of the yard!!) or otherwise interfere with him. Otherwise you are asking for lots of trouble!
--71.38.xx.xxx |
eviction (by JR [ME]) Posted on: Jun 8, 2019 4:21 PM
Message:
HK, you have given a notice to vacate, not begun the eviction process. Hire a lawyer. Do not try to do this yourself. You are in over your head, drowning and you don’t seem to realize it. Hire a lawyer.
You may not let yourself in, block their yard, etc. before you actually get legal possession. Get a lawyer. Did I mention hire a lawyer? --97.33.xx.xxx |
eviction (by plenty [MO]) Posted on: Jun 8, 2019 4:37 PM
Message:
What JR wrote above. Clairfy what DYI means... you did not file thru the courts but gave fake papers? What's going on? --99.203.xx.xx |
eviction (by JKJ [MA]) Posted on: Jun 8, 2019 7:13 PM
Message:
You keep asking if you can block the yard because the lease doesn’t specifically mention the yard. You say you know the law, then you should know that the fact that the lease DOESNT specifically say they have no use of the yard is what’s important. When renting a SFH the tenant rents the house and yard unless it specifically says otherwise in the lease, when renting a multi the tenant rents the apartment, other areas such as shared entrances and YARDS are common areas unless it specifically says otherwise in the lease. Entering without permission or proper notice will potentially leave you with a huge headache, legal troubles, or both! Same with blocking access to the yard. --71.248.xxx.xxx |
eviction (by JKJ [MA]) Posted on: Jun 8, 2019 7:17 PM
Message:
When you find yourself in a hole, stop digging! HK, your in a hole! As JR says, HIRE A LAWYER! --71.248.xxx.xxx |
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