Eviction laws (by Ken [NY]) Jul 6, 2019 7:51 AM|
Eviction laws (by LindaJ [NY]) Jul 6, 2019 8:37 AM
Eviction laws (by elliot [RI]) Jul 6, 2019 8:41 AM
Eviction laws (by S i d [MO]) Jul 6, 2019 9:32 AM
Eviction laws (by NE [PA]) Jul 6, 2019 9:43 AM
Eviction laws (by cjl [NY]) Jul 6, 2019 10:38 AM
Eviction laws (by Steve [MA]) Jul 6, 2019 11:01 AM
Eviction laws (by myob [GA]) Jul 6, 2019 2:01 PM
Eviction laws (by Ken [NY]) Jul 6, 2019 2:03 PM
Eviction laws (by myob [GA]) Jul 6, 2019 2:13 PM
Eviction laws (by LindaJ [NY]) Jul 6, 2019 4:03 PM
Eviction laws (by MikeA [TX]) Jul 6, 2019 4:15 PM
Eviction laws (by Ken [NY]) Jul 6, 2019 4:19 PM
Eviction laws (by Roy [AL]) Jul 6, 2019 6:27 PM
Eviction laws (by GKARL [PA]) Jul 6, 2019 7:03 PM
Eviction laws (by 6x6 [TN]) Jul 6, 2019 7:24 PM
Eviction laws (by BRAD 20,000 [IN]) Jul 6, 2019 8:41 PM
Eviction laws (by cjl [NY]) Jul 6, 2019 9:19 PM
Eviction laws (by Robert J [CA]) Jul 6, 2019 10:28 PM
Eviction laws (by Live The Dream [AZ]) Jul 7, 2019 6:36 AM
Eviction laws (by LindaJ [NY]) Jul 7, 2019 8:22 AM
Eviction laws (by Ken [NY]) Jul 7, 2019 8:29 AM
Eviction laws (by cjl [NY]) Jul 7, 2019 8:40 AM
Eviction laws (by Oregon Woodsmoke [ID]) Jul 7, 2019 9:33 AM
Eviction laws (by Doogie [KS]) Jul 7, 2019 12:36 PM
Eviction laws (by Vee [OH]) Jul 8, 2019 8:07 PM
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Eviction laws (by Ken [NY]) Posted on: Jul 6, 2019 7:51 AM
Our eviction laws in NY recently changed,what used to take less than a month now will take 2 months.14 day notice after 5 day grace period then 10-17 days notice for the court appearance then the sheriff has to give 14 days to move before the Sheriff removes them,we are probably the worst state now for eviction laws.Eventually we will be moving and leaving NY behind.How easy or difficult are evictions in your state? --72.231.xxx.xxx
Eviction laws (by LindaJ [NY]) Posted on: Jul 6, 2019 8:37 AM
A friend just bought a house with squatters. It took him 4 months to get the people out. Even once he got to court the judge gave them another 30 days. Come to find out, they were bypassing the meter to get free electric too. That was before this new law.
NY is traveling a fast downward spiral for the middle class working person. --108.4.xxx.xx
Eviction laws (by elliot [RI]) Posted on: Jul 6, 2019 8:41 AM
In RI, Nonpayment takes about 30-35 days to court hearing.. Usually judge gives 2 weeks to move out after hearing.. So, month and half to 2 months. 30 day notice based evictions take much longer. --71.232.xxx.xxx
Eviction laws (by S i d [MO]) Posted on: Jul 6, 2019 9:32 AM
In comparison to NY, Missouri is fairly quick. Unless there is a court back log, I can have them OUT in 4 weeks from the day I file papers.
Usually I file on the 7th day rent is late. So if we're month to month with rent due on the 1st, I file on the 8th. If the 8th is on a holiday or weekend, I will file on the 7th to avoid the 2-3 day delay.
Court is in 3 weeks. At that time, I almost always get immediate possession. The tenant can protest the amount owed if they bother to show up, but all that does is set us to go to trial for the money judgment. Unless they can prove they paid the rent, I get awarded Writ of Possession and we get to fight over the money owed later.
Once I file the Writ, the sheriff usually contacts me the next day or 2 and we schedule the set out day. I've had them as early as 3 days...as long as a week. 5 days on average.
So to recap from start to finish: 4 weeks.
This is pretty good but I think it should be sooner. Honestly...14 days I think is more than enough. There is a well-known rule of parents, teachers, and employers that people will take exactly as much time as you give them to accomplish something: whether it's cleaning up your room, turning in an essay assignment, or completing a project. FEW PEOPLE are proactive and do things early. If you give 4 weeks, they'll take 4 weeks. If you give 2 months, they'll take 2 months. It's practically a law of nature. ;-)
Eviction laws (by NE [PA]) Posted on: Jul 6, 2019 9:43 AM
I can file the day they are late as long as I have a waiver of notice to quit in my lease. Which I do. I don't file on the 1st or 2nd, because there's no sense in that. Once I file, the case has to be heard no sooner than 7 days, no later than 15. Once heard, the judge gives them 10 days to appeal the possession order and 30 to appeal the money judgement.
If they don't appeal the possession order, I go back to the courthouse to file for possession and the sheriff will go post the property for another 10 days, then puts them out.
I think it's a pretty tight timeline. There is legislation in the works to remove the 10 timeline for appeal of possession after it's granted which would be nice. --50.32.xxx.x
Eviction laws (by cjl [NY]) Posted on: Jul 6, 2019 10:38 AM
I didn't hear about this … when did this take affect? Yikes! --69.201.xx.xxx
Eviction laws (by Steve [MA]) Posted on: Jul 6, 2019 11:01 AM
In MA we can start a non payment eviction the 1st day that the rent is late by issuing a 14 day notice to quit for non payment of rent. If it's mtm tenant who has been served a 14 day notice within the last 12 months they do not have the right to cure by paying. However if it's a term tenant they have the right to cure by paying everything due including any constable / sheriff fees before the 14 days are up. When the 14 days are up the mtm or term tenant can be summons into court. Once the court summons is served, it can take form 7 - 30 days before the entry day starts the official court calendar. Depending upon how busy the court is it can be at least a few weeks before you appear in court. After the judge makes their written decision there is a 10 day appeal period before an execution can be issued. Then if it actually comes to a forced move out, it can be another 1-3 weeks to actually happen. If everything went perfectly from the time that the 14 day notice is served until the tenant is ordered out it takes at least 5 weeks. In reality it's usually 6-10 weeks. When you add in a forced move out with a sheriff / constable & a bonded moving company it takes at least another 2-3 weeks.
If the tenant voluntarily moves out after the execution is given, it cost the LL at least $370.00 in filing fees & sheriff / constable fees. This does not include any fees if the LL has to hire a lawyer to handle things. Most lawyers in my area want a minimum of $500.00 to handle a basic non contested eviction. If you have to do a force move out between the sheriff / constable, bonded movers & prepaid storage fees you can add a minimum of $2,000.00 for a 2 /3 bedroom rental.
In my earlier LLing days, I always went the court route & bonded move out if needed. Now that I'm older & hopefully wiser, I'm more inclined to make it a straight business decision & do cash for keys. I find this is much quicker, way less expensive & no where near as stressful.
Eviction laws (by myob [GA]) Posted on: Jul 6, 2019 2:01 PM
Here if we file asap and tenant doesn't answer in 30 days. If they answer its 5 days for service-- 7 days to answer-- 10 days for court on that answer-- if they show up for court its 7 days for writ t issue and then about 10 days to get on calendar for set out. 6 weeks.
Ken and blue state people and Canadians-- cudo's don't know how you do it. My thinking GA is fair. Not one way or the other unless your a jerk in court. Some judges and some atty's fantastic-- but you better have your stuff in order. Ken you would thrive here. --99.103.xxx.xxx
Eviction laws (by Ken [NY]) Posted on: Jul 6, 2019 2:03 PM
cji,june 14 got shoved down our throats with no warning.i believe if you google 2019 NY tenant protection act you should find it --72.231.xxx.xxx
Eviction laws (by myob [GA]) Posted on: Jul 6, 2019 2:13 PM
Got to ask. If the law changed for everyone it shouldn't be long before the deposit required will be 3 X's the rent. You should be talking that up all over NY. Every LL sings the same tune-- why are deposits so high? Because we have to cover the new deadbeat no pay tenant law. --99.103.xxx.xxx
Eviction laws (by LindaJ [NY]) Posted on: Jul 6, 2019 4:03 PM
cjl - Democrat governor, democrat majority senate and democrat majority assembly. Nothing like 1 party rule, nothing good will come of it. Top it off with downstate being the majority and nanny state ideas, we are slightly behind the most progressive state of California. And look where they are.
Don't forget what our governor said a few years ago, about there being no room for conservative people in this state. --108.4.xxx.xx
Eviction laws (by MikeA [TX]) Posted on: Jul 6, 2019 4:15 PM
Come on down to Texas!
In my neck of Texas it ranges from 16 to 21 days, depending on which JP. That includes 3 day notice, 7-12 days to get before the Judge, 3 days to appeal,and 3 day Sheriff posting before the set-out.
The down side is we can't garnish so the eviction is streamlined to reduce the loss. --50.26.xx.xxx
Eviction laws (by Ken [NY]) Posted on: Jul 6, 2019 4:19 PM
MYOB,there are now restrictions on amounts of security we can collect and the possibility of rent control etc,it wont end here.Our governor is a moron.I will leave when I have no family left here to care for but my wife and I fully expect to leave so I am just trying to start getting a list of possible states then start visiting and learning and find somewhere that we like --72.231.xxx.xxx
Eviction laws (by Roy [AL]) Posted on: Jul 6, 2019 6:27 PM
In my county, if the tenant does not request a court date, I can evict in 21 days flat,...assuming no holidays and if I file on Monday morning at 8:30a.m. When a tenants wants their day in court, that can add another 7-10 days.
Eviction court is held every Tuesday at 1:00p.m. in Judge Parker's courtroom. All deadbeats sit on the left side pews and all pissed off LL's sit on the right side pews. It is quite comical to watch other tenants stand in front of the judge and try to pull the wool over his eyes. --68.63.xxx.xxx
Eviction laws (by GKARL [PA]) Posted on: Jul 6, 2019 7:03 PM
I looked at these changes in NY. Incredible. I would sell but the problem is that many people are going to try exit the door at the same time and that will only make things worse.I think eastern Pennsylvania is going to be the beneficiary of this change in the NY law. We currently get a lot of people out here from New York and New Jersey investing in this area. Other than Philadelphia, I'm unaware of any area in Pennsylvania that has any rent control. --209.122.xx.xxx
Eviction laws (by 6x6 [TN]) Posted on: Jul 6, 2019 7:24 PM
I have never had to do an eviction myself but I have heard from others in TN that when all is said and done(30 day notice,court date,judge ruling 30 days,ect..)tenants could end up with 3 months free. I hope that is wrong.
Sid, "There is a well-known rule of parents, teachers, and employers that people will take exactly as much time as you give them to accomplish something: whether it's cleaning up your room, turning in an essay assignment, or completing a project. FEW PEOPLE are proactive and do things early. If you give 4 weeks, they'll take 4 weeks. If you give 2 months, they'll take 2 months. It's practically a law of nature. ;-)"
I agree 100%. I always pay bills as soon as I receive them in mail and want things done yesterday. OCD. I drive myself crazy. Maybe they are more relaxed. --73.120.xx.xxx
Eviction laws (by BRAD 20,000 [IN]) Posted on: Jul 6, 2019 8:41 PM
In MY county court the clerk sets the hearing 14 days out this covers the 10 PorQ notice period.
Judge’s policy is 7 days to vacate if all adults, 14 days if children are in the home, so basically 21-30 days normally.
Slick deadbeats ask for extensions.
One had one sheriff lockout in 350+ evictions.
I must add: ZERO TOLERANCE on lates has reduced the number of evictions from 1 per week to 1 or less per month, AND the amounts are smaller.
Eviction laws (by cjl [NY]) Posted on: Jul 6, 2019 9:19 PM
I hear you Ken NY … we may end up leaving as well. I was just telling my wife about this conversation earlier and I said all that's going to happen is that all the people that actually "care" will sell and leave the state (no, obviously not "all") but the point being that it will become a major corporation running everything and then NY will be stuck with less housing, less housing standards, etc.
I do understand the concept but the politicians just don't know how to write laws anymore. --69.201.xx.xxx
Eviction laws (by Robert J [CA]) Posted on: Jul 6, 2019 10:28 PM
Like you, California is getting worse by the day. Our laws have extended the notification period for landlords and the time tenants have to respond.
Also here in Los Angeles, a "landlord" can not evict a tenant if the "rental" has "Violations" or in need of "Repairs".
As a Licensed Contractor sometimes working for other landlord friends, when they need to evict a tenant for "non payment of rent", I am hired to go into the rental and "fix" anything in need of repair before a 3 Day Notice is issued.
Then I issue a report to the landlord with pictures showing everything in working order. Plumbing fixtures, electrical, heating, hot water, smoke detectors, c/o sensors, windows, locks and so on.
Then finally when the eviction case make it's way to court, I am there to convince the Judge that everything is in working order. With my 6 contracting licenses, pictures and testimony, sometimes, maybe, the landlord will win.... I tell the Judge I get paid to "FIX" things...and not to leave broken things in need of repair.
Eviction laws (by Live The Dream [AZ]) Posted on: Jul 7, 2019 6:36 AM
In AZ it can be done in as little as 21 days, 30 is more realistic.
A friend of mine who came here as a child during the first Cuban crisis, back when Che and Castro took over, he made an observation.
You can move or you can stay and fight. If you stay, unless there's enough of you to win the fight, you will be destroyed. --47.216.xx.xxx
Eviction laws (by LindaJ [NY]) Posted on: Jul 7, 2019 8:22 AM
We have been looking at Tenn and Kentucky ourselves. Maybe NH but also looking for a bit shorter winter, and we are not beach people. Thought about 1031 a property I just sold to buy in another state, but don't want to do long distance LL. We too have family here.
As I say, soon the "makers" will leave the state and all that will be left are "takers". That doesn't bode well for the takers! --108.4.xxx.xx
Eviction laws (by Ken [NY]) Posted on: Jul 7, 2019 8:29 AM
Lindaj Tenn and Kentucky keeps coming up as far as cheap taxes and a nice place to live --72.231.xxx.xxx
Eviction laws (by cjl [NY]) Posted on: Jul 7, 2019 8:40 AM
Our daughter has moved to Florida (a few years now) and many of her (my wife's) family are in NY but a few have moved to Tenn/KY as well as others are in Florida, NJ, etc. Most of our family is in NY though.
I'm sure that once our daughter "settles down" we'll begin that move south but I do like the change of the seasons personally.
I think each state/area has their issues but NY is getting quite odd with theirs in very recent years/months. It's almost like we don't want the "small business" here any longer just the bigger ones and then we don't want them either unless they are HUGE so they can give them a ton of tax breaks/advantages and then wonder that when those run out - why we don't have any money and that everyone is on some sort of assistance.
It's sad ... --69.201.xx.xxx
Eviction laws (by Oregon Woodsmoke [ID]) Posted on: Jul 7, 2019 9:33 AM
If you are looking for a place to move to, don't move to Oregon.
Eviction used to be fairly swift, 2-3 weeks. But now, basically, there is no longer a no-cause notice to vacate and relocation money must be paid.
So, I am suspecting that the eviction courts are going to be jammed full and running way behind. --98.146.xxx.xxx
Eviction laws (by Doogie [KS]) Posted on: Jul 7, 2019 12:36 PM
I thought my laws were tenant friendly until I read some of the time frames here!
I post a 3 day PoQ notice for non-payment. I can do this on the 2nd of the month. I usually do it on the 5th. I then turn it over to the lawyer and they will file with court. It will be scheduled on the Mon or Tues following 1 full week of notification. If tenant doesn't show up, I am granted writ of possession that day. If they do show up, they can schedule a trial for the next week (Mon or Tues again). At trial, there really isn't a defense for not paying. I have always been granted a writ of possession. There has only been 1 time it wasn't granted that day. Judge gave her 5 days because she had a mental health case worker there with her. As soon as I'm granted writ, I can set out that day. I can hire a court officer to do it for $50, or wait 7 - 10 days for the sheriff to do it for no charge. I only had the sheriff do one set out for me. For $50, it's not worth letting them tear up the property more along with more lost rent.
So if it goes the full timeline, 3 weeks. They are always shocked when we show up to do the set out too. "I know my rights! You have to give me 2 weeks!" is a very commonly heard phrase at the set out. The sheriff will, but that doesn't mean it's required! --68.102.xxx.xx
Eviction laws (by Vee [OH]) Posted on: Jul 8, 2019 8:07 PM
Have to charge a double rent value security deposit, once you do this the riff raff will go away anyhow.
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