Defining Eviction
Click here for Top Ten Discussions. CLICK HERE for Q & A Homepage
Receive Free Rental Owner Updates Email:  
MrLandlord Q & A
     
     
Defining Eviction (by GKARL [PA]) Apr 9, 2021 1:41 PM
       Defining Eviction (by Ken [NY]) Apr 9, 2021 1:54 PM
       Defining Eviction (by Jason [VA]) Apr 9, 2021 1:59 PM
       Defining Eviction (by Sisco [MO]) Apr 9, 2021 2:10 PM
       Defining Eviction (by Still Learning [NH]) Apr 9, 2021 2:35 PM
       Defining Eviction (by Wmh [NC]) Apr 9, 2021 2:39 PM
       Defining Eviction (by Wmh [NC]) Apr 9, 2021 2:39 PM
       Defining Eviction (by Barb [MO]) Apr 9, 2021 2:55 PM
       Defining Eviction (by Nicole [PA]) Apr 9, 2021 3:16 PM
       Defining Eviction (by RentsDue [MA]) Apr 9, 2021 3:24 PM
       Defining Eviction (by S i d [MO]) Apr 9, 2021 3:29 PM
       Defining Eviction (by Sorta Blonde [CA]) Apr 9, 2021 3:36 PM
       Defining Eviction (by Mike45 [NV]) Apr 9, 2021 3:40 PM
       Defining Eviction (by razorback_tim [AR]) Apr 9, 2021 3:48 PM
       Defining Eviction (by GKARL [PA]) Apr 9, 2021 4:13 PM
       Defining Eviction (by Robert,OntarioCanada [ON]) Apr 9, 2021 4:20 PM
       Defining Eviction (by Steve [MA]) Apr 9, 2021 5:19 PM
       Defining Eviction (by Vee [OH]) Apr 9, 2021 6:29 PM
       Defining Eviction (by Lana [IN]) Apr 9, 2021 10:03 PM
       Defining Eviction (by BRAD 20,000 [IN]) Apr 10, 2021 12:47 AM
       Defining Eviction (by Ray-N-Pa [PA]) Apr 10, 2021 8:37 AM
       Defining Eviction (by Ray-N-Pa [PA]) Apr 10, 2021 8:44 AM
       Defining Eviction (by Oregon Woodsmoke [ID]) Apr 10, 2021 11:21 AM
       Defining Eviction (by Oregon Woodsmoke [ID]) Apr 10, 2021 11:24 AM
       Defining Eviction (by plenty [MO]) Apr 10, 2021 12:50 PM
       Defining Eviction (by J [FL]) Apr 10, 2021 1:25 PM
       Defining Eviction (by Bee [CA]) Apr 10, 2021 5:21 PM
       Defining Eviction (by Bee [CA]) Apr 10, 2021 5:21 PM
       Defining Eviction (by Bee [CA]) Apr 10, 2021 5:21 PM
       Defining Eviction (by Busy [WI]) Apr 10, 2021 8:03 PM
       Defining Eviction (by Jim [OH]) Apr 11, 2021 4:29 PM
       Defining Eviction (by mike [CA]) Apr 13, 2021 1:22 PM


Defining Eviction (by GKARL [PA]) Posted on: Apr 9, 2021 1:41 PM
Message:

I got into a debate with an applicant today. When pre-screening, I looked her up and found three separate LL tenant cases. Of course, just looking at the cases, you don't know if the sheriff actually evicted them, but seeing three different cases over the past nine years is a no go. But the tenant argued that they had not been evicted. Apparently, she paid before the possession order was made, so technically, she wasn't evicted. She said she was still living in the same apartment that was the subject of the last LL/Tenant case and that I could talk to her LL. The fact that this occurred three separate times, was a non starter for me. But I still have a question: If a tenant was able to produce evidence that they paid and averted an eviction, would you ever consider?

--209.122.xx.xxx




Defining Eviction (by Ken [NY]) Posted on: Apr 9, 2021 1:54 PM
Message:

NO,especially now with the eviction morotorium.She proved to be a pita to her current landlord and i am not looking for problem tenants. --72.231.xxx.xxx




Defining Eviction (by Jason [VA]) Posted on: Apr 9, 2021 1:59 PM
Message:

Part of my pre-screening criteria is that they must not have had an unlawful detainer served to them within the previous 7 years. If I find that they’ve had one filed on them, regardless if it’s been paid or not, I DENY. --172.58.xxx.xxx




Defining Eviction (by Sisco [MO]) Posted on: Apr 9, 2021 2:10 PM
Message:

I wouldn’t consider because she has paid late. This story is useful to show just how bad the tenant who has been evicted is. --67.43.xxx.xxx




Defining Eviction (by Still Learning [NH]) Posted on: Apr 9, 2021 2:35 PM
Message:

Maybe the question should be has a landlord ever begun the eviction process against you? --75.67.xxx.xxx




Defining Eviction (by Wmh [NC]) Posted on: Apr 9, 2021 2:39 PM
Message:

I ask if they've ever been asked to leave a rental property before. To me having a case filed against them is asking them to leave. And for me to file a case it means I have to drive 30 minutes one way wait in the county clerk's office pay by cash They don't take checks or credit cards. It's just a major hassle. And that's just to file. Plus it's $150 each time. So no. Having a case filed against you is a no-go. If you can't pay just leave willingly Don't put your landlord through that stress. --174.206.x.xxx




Defining Eviction (by Wmh [NC]) Posted on: Apr 9, 2021 2:39 PM
Message:

I ask if they've ever been asked to leave a rental property before. To me having a case filed against them is asking them to leave. And for me to file a case it means I have to drive 30 minutes one way wait in the county clerk's office pay by cash They don't take checks or credit cards. It's just a major hassle. And that's just to file. Plus it's $150 each time. So no. Having a case filed against you is a no-go. If you can't pay just leave willingly Don't put your landlord through that stress. --174.206.x.xxx




Defining Eviction (by Barb [MO]) Posted on: Apr 9, 2021 2:55 PM
Message:

In this climate - hard no. If the case was filed, that means the tenant was uncooperative and didn't pay or had something wrong enough that the LL filed against them. ANY eviction action is an automatic disqualification at the present time. If they did it to one LL, they will do it to the next LL.

ANY eviction action, no matter what, in the last 5 years (Getting ready to up it to 7) means they are not approved. If they had one over 5 years ago and PAID the judgement in full, we'll consider it. Luckily, my state site shows court action going back into the 1990s. :) --67.43.xxx.xxx




Defining Eviction (by Nicole [PA]) Posted on: Apr 9, 2021 3:16 PM
Message:

I mentioned this in another post not too long ago. In her mind, she truly has not been "evicted" even though you and I and almost everyone else here is looking at the start of that process and not necessarily the end ... we want to know has it been filed.

You can most times see if the landlord needed to file for possession on day 11 (or whatever) after the hearing. I think there are three entries on the docket sheet - order for possession requested, order for possession issued, order for possession served. Next should be a satisfaction entered that indicates they paid or they went.

To answer your actual question - yes, I consider folks with past evictions - dependent on the amount of the judgment, the timing and the final disposition (all from public records, not what they tell me). --72.70.xxx.xx




Defining Eviction (by RentsDue [MA]) Posted on: Apr 9, 2021 3:24 PM
Message:

No. She knows her housing record is bad, but is trying to debate it with you? Hard No. I ask if they have ever received a Notice To Quit. That information is more telling than an actual eviction. --68.191.xx.xx




Defining Eviction (by S i d [MO]) Posted on: Apr 9, 2021 3:29 PM
Message:

I don't want someone who forced various land lords to file court paper three times....ever. One filing, I could see as a mistake. Twice....okay, now she's really pushing it and everything else would have to be super squeaky clean for the past 3+ years.

But three times? No.

Don't worry, there's some Mom and Pop owners out there who will hand keys to anyone who can wave a fistful of cash.

NEXT!

P.S. In no case do I allow applicants to "debate" with me. This is not a contest of opinions of who is or isn't meeting my criteria. I just want facts. Debate = uncooperative, and that is one of the top 3 criteria I screen for.

--107.216.xxx.xxx




Defining Eviction (by Sorta Blonde [CA]) Posted on: Apr 9, 2021 3:36 PM
Message:

My application asks, "Have you ever been evicted OR asked to leave a rental?" Explain...

I had a prospective Tenant who put her name on an eviction case (she was just a 'guest' of the tenant), and said it was to help her stall the eviction process. Yep, same thing. Not being nice to the Landlord and wanting to frustrate the eviction process. Shows character. If they have an Unlawful Detainer filed and then pay up or leave before they get kicked out they figure it's not an Eviction. Time to run from this one. --72.197.xx.xx




Defining Eviction (by Mike45 [NV]) Posted on: Apr 9, 2021 3:40 PM
Message:

I would not rent the property to this applicant, but she is correct that she has not been evicted. Fortunately your screening was thorough enough to turn up these filings.

--76.4.xxx.xxx




Defining Eviction (by razorback_tim [AR]) Posted on: Apr 9, 2021 3:48 PM
Message:

Change your criteria from no evictions to no eviction filings. You might want to include civil filings as well, although that can rule out people who have auto accidents etc. --107.77.xxx.xx




Defining Eviction (by GKARL [PA]) Posted on: Apr 9, 2021 4:13 PM
Message:

" Change your criteria from no evictions to no eviction filings."

That's the ticket. --209.122.xx.xxx




Defining Eviction (by Robert,OntarioCanada [ON]) Posted on: Apr 9, 2021 4:20 PM
Message:

While large upfront cost is over time utility by utility convert over time is to have the utility paid by the tenant where even the present refuses where once vacant then the new tenant has to sign to get rental unit. Unpaid utilities and unpaid rent go hand in hand together where they already screened themselves out so they can not claim discrimination as that there problem with arrears. Lower rent more demand along with problem tenants are screened out. The future is nothing included in rent. If there natural gas heating then a wall mounted high efficiency gas boiler then can be connected to existing radiators. --99.236.xxx.xxx




Defining Eviction (by Steve [MA]) Posted on: Apr 9, 2021 5:19 PM
Message:

Part of my pre-screening criteria is that an applicant must not have caused any of their LLs to incur any unnecessary trouble or expense during the course of their tenancy. --71.184.xxx.xx




Defining Eviction (by Vee [OH]) Posted on: Apr 9, 2021 6:29 PM
Message:

Ken said it best - if we have to file a court case there is no reason to hear the song and dance about why they can not hold the obligation to pay with so much assistance out there for covid related rent payments, I must do what is best for the property and being a surrogate parent to adults does not compute, when the mediator can hand me a check for the unpaid balance I will subject myself to listening to this off key musical performance but my prediction is the mediator is someone who recently had a pet die and they want to talk about things that go wrong in life with someone else. --76.188.xxx.xxx




Defining Eviction (by Lana [IN]) Posted on: Apr 9, 2021 10:03 PM
Message:

If she was in a car accident, had a head injury, and was in a coma for 2 weeks and no one thought to call the Landlord to let them know why she was late, so at day 5 or 7 he files, and finally the family realizes she is being evicted while helpless and they pay her rents, thereby averting eviction at the last moment AND she could prove to me the entire tale was the truth...yes. --216.23.xxx.xx




Defining Eviction (by BRAD 20,000 [IN]) Posted on: Apr 10, 2021 12:47 AM
Message:

G,

We follow what WMH said years ago - if they don’t cooperate and force the LL to file, I don’t want them.

You have documentation she is an actual PITA. PITA-docs! And an arguer.

Nice when people save us time by self screening.

Can you imagine the trouble you’d have if she moved in!

BRAD --73.102.xxx.xxx




Defining Eviction (by Ray-N-Pa [PA]) Posted on: Apr 10, 2021 8:37 AM
Message:

Eviction is a legal term and we routinely ask questions about it to non-attorneys and wonder why we get strange answers.

So perhaps this might be better:

Mr Prospect, we will be reviewing your rental history. Did you ever fail to meet the obligations of you lease?

Then ask the following as a follow up: When we contact your previous LL, what will they have to say about this matter? --24.154.xx.x




Defining Eviction (by Ray-N-Pa [PA]) Posted on: Apr 10, 2021 8:44 AM
Message:

Prior to this C-19 dog and pony show, I would actually consider someone who had been evicted for non-payment for my class C places. There is a big IF with that statement though....providing they had paid the previous balance owed off to the Old Land lord and paid a larger deposit.

My thought process was, if they were trainable and willing to correct mistakes that were made, I could probably train them. In my many years of managing, it just about never happens - but it does allow the non-quals to gracefully bow out on their terms --24.154.xx.x




Defining Eviction (by Oregon Woodsmoke [ID]) Posted on: Apr 10, 2021 11:21 AM
Message:

Automatic rejection for any applicant who wants to argue about whether or not they qualify. They aren't the one who gets to decide and I don't want a tenant who thinks that they are the one who gets to decide what the rules are.

But three evictions filed even though there weren't carried out? Absolutely not.

Sure, she is correct. She hasn't been evicted. But she still fails to meet my criteria. --76.178.xxx.xxx




Defining Eviction (by Oregon Woodsmoke [ID]) Posted on: Apr 10, 2021 11:24 AM
Message:

Why is she moving now if she has been in the same place for 9 years? My bet is that her landlord is tired of her and is either non-renewing her or has filed yet another eviction. --76.178.xxx.xxx




Defining Eviction (by plenty [MO]) Posted on: Apr 10, 2021 12:50 PM
Message:

Change the wording on your question: has an eviction ever been filed against you?

For your answer "yes but the LL still had to file" end of topic. The LL still had to file, the expense, the hassle of what went on right before that filing, the nights of lost sleep. Next! It's your business just run it! --172.58.xxx.xxx




Defining Eviction (by J [FL]) Posted on: Apr 10, 2021 1:25 PM
Message:

Someone on here once said they would ask "Has a landlord ever had to take you to court?". This seems like a good general question for this issue.

I've decided it's best not to give them a reason why their application was not approved, and block the number once you have told them via text (if they contacted you back to ask the status) that you will not be renting to them.

If you give them the reason they usually argue and try to claim that whatever occurred was not their fault. It never seems to go well.

--72.188.xxx.xxx




Defining Eviction (by Bee [CA]) Posted on: Apr 10, 2021 5:21 PM
Message:

There was a lady who is in a month to month lease for a small room, Rm #4. She unlawfully occupied bigger quarters and despite the fact that we had a lawyer involved and gave her 10 days to coordinate her move, nothing. The lawyer advised to file an unlawful detainer but at this point, she is trespassing since she doesn't have a lease to occupy the big quarters. --75.83.xxx.xx




Defining Eviction (by Bee [CA]) Posted on: Apr 10, 2021 5:21 PM
Message:

There was a lady who is in a month to month lease for a small room, Rm #4. She unlawfully occupied bigger quarters and despite the fact that we had a lawyer involved and gave her 10 days to coordinate her move, nothing. The lawyer advised to file an unlawful detainer but at this point, she is trespassing since she doesn't have a lease to occupy the big quarters. --75.83.xxx.xx




Defining Eviction (by Bee [CA]) Posted on: Apr 10, 2021 5:21 PM
Message:

There was a lady who is in a month to month lease for a small room, Rm #4. She unlawfully occupied bigger quarters and despite the fact that we had a lawyer involved and gave her 10 days to coordinate her move, nothing. The lawyer advised to file an unlawful detainer but at this point, she is trespassing since she doesn't have a lease to occupy the big quarters. --75.83.xxx.xx




Defining Eviction (by Busy [WI]) Posted on: Apr 10, 2021 8:03 PM
Message:

I have two tenants ( unknown to each other) who had rented from a major landlord in our city. Both were still living in their apartments listed in their evictions, the evictions showed satisfaction. Each separately told the same story: they were behind, talked to the office, thought they had an agreement, did pay the rent and late fees. Then they found out the landlord filed for eviction and got a judgement anyway.

After hearing that tale from one applicant, then another six months later, I do know it is plausible that a tenant get in a spot, do their best to fix things, yet still get an eviction. Both have been very very good tenants.

I allow one eviction ( filed only or judgement) and all court judgements must be satisfied. Anyone who wants to argue about that- firm no. I will explain it, but I won’t bend. So far, I think I have gotten three people to consider paying off small past judgements. ( lol! Yeah, right.)

One fellow had a couple of traffic violations, and one unpaid speeding ticket he said he didn’t know wasn’t paid. Said he’s going to pay that, even though the house wasn’t right for him. So, yes, there are people who will do the right thing. --104.231.xxx.xxx




Defining Eviction (by Jim [OH]) Posted on: Apr 11, 2021 4:29 PM
Message:

You got into a debate with an applicant?

Are you stupid or something? --184.57.xxx.xx




Defining Eviction (by mike [CA]) Posted on: Apr 13, 2021 1:22 PM
Message:

no, she has not been evicted but she has made it clear that she's a PITA and a hair splitter. she is right, until the writ for possession comes down from hizzoner she has merely been a respondent in an unlawful detainer (eviction) lawsuit. as we read here frequently the majority of landlords are WAY to lenient and hesitant to file so by the time it does get to the courthouse that gal has leveled plenty of torment. and now she's arguing with you? she can slice as thin as she wants...her file is not one a wise man takes a bite of

we frequently hear people misuse the term eviction when they have in fact merely been terminated. --75.80.xx.xx





Reply:
Subject: RE: Defining Eviction
Your Name:
Your State:

Message:
Defining Eviction
Would you like to be notified via email when somebody replies to this thread?
If so, you must include your valid email address here. Do not add your address more than once per thread/subject. By entering your email address here, you agree to receive notification from Mrlandlord.com every time anyone replies to "this" thread. You will receive response notifications for up to one week following the original post. Your email address will not be visible to readers.
Email Address: