eviction crazy expense
Click here for Top Ten Discussions. CLICK HERE for Q & A Homepage
Receive Free Rental Owner Updates Email:  
MrLandlord Q & A
     
     
eviction crazy expense (by DonV [OH]) Nov 30, 2022 9:56 AM
       eviction crazy expense (by S i d [MO]) Nov 30, 2022 10:13 AM
       eviction crazy expense (by MikeA [TX]) Nov 30, 2022 11:10 AM
       eviction crazy expense (by tryan [MA]) Nov 30, 2022 11:41 AM
       eviction crazy expense (by Vee [OH]) Nov 30, 2022 12:22 PM
       eviction crazy expense (by DonV [OH]) Nov 30, 2022 1:28 PM
       eviction crazy expense (by Richard [MI]) Nov 30, 2022 1:33 PM
       eviction crazy expense (by don [PA]) Nov 30, 2022 1:42 PM
       eviction crazy expense (by Moshe [CA]) Nov 30, 2022 2:58 PM
       eviction crazy expense (by Vee [OH]) Nov 30, 2022 6:58 PM
       eviction crazy expense (by Moshe [CA]) Nov 30, 2022 9:22 PM
       eviction crazy expense (by Paulio [PA]) Dec 1, 2022 8:13 AM
       eviction crazy expense (by zero [IN]) Dec 6, 2022 6:32 AM

Click here to reply to this discussion.
Click Here to send this discussion to a friend

eviction crazy expense (by DonV [OH]) Posted on: Nov 30, 2022 9:56 AM
Message:

Here is Ohio in Maple Hts., Bedford and a few other cities there are some crazy eviction laws. If the tenant is still in the house when the sheriff comes to "force" them out you have to have a certified moving company, registered in that city, pack up and move all the tenants property. You move this into storage that the tenant should pay for. They never do so you ay for the storage. Then at the end of 30 days if the tenant has not removed their stuff from storage you have to continue to pay for the storage and follow the legal process to get rid of their stuff in storage.

Obviously this is CRAZY. I had to do it once. It cost me over $5,000 and a ton of headaches. The tenant was there freaking out and I raised my voice and said she was stealing from me. The bailiff told me shut up and calm down or he would leave at let her stay. We had also just found the hot water tank POURING out water - which she never told me about. Between the water bill, eviction, moving and unpaid rent I lost almost $10,000. This is triple the most I have have ever lost.

Are there other places with laws for landlords to pay moving expenses - landlords are not allowed pack or move a single thing. Literally - the sheriff makes sure the moving company does everything. It has been like this for at least 20 years. I cannot believe the cities have not been sued.

--74.81.xxx.xx




eviction crazy expense (by S i d [MO]) Posted on: Nov 30, 2022 10:13 AM
Message:

I can't tell you how to fix the crazy in your area. Sounds like it's baked into the pudding.

I can tell you what I'd do were I in your shoes: I would sell and invest elsewhere where the laws make more sense and do not allow tenants to steal from me and damage my property. In my town, the day we go to court I get the judgment for possession. Set out to the curb date is scheduled with the sheriff's deputy, usually within 3-5 days. If the tenant is not gone, my crew (handyman and helper) can immediately start moving stuff out to the curb. Literally, the curb/front yard. The tenant has 24 hours to remove what they want. After that, anything left goes into handyman's dump trailer and/or I can keep it, sell it, etc.

My absolute worst eviction cost me $4,500, mainly due to damages because tenant's dog peed all over the flooring and we had to tear out and remove down to subfloor in 2 rooms. That was $3000 of the total bill, but I got the money judgement for rent, damages, and court costs and was able to collect every penny owed.

I can't imagine investing in a market where one crappy tenant would cost me $10,000. To me (and I say this as kindly as possible while still being clear), that sound like an objectively terrible strategy. Please reconsider investing elsewhere with a quality property manager who will cost you less and ease the stress on you. Or consider an alternative asset class. How do commercial evictions work in your area? In my town again, they are as simple as residential. You might find there are fewer protections with commercial tenants compared to residential since you're not "kicking someone out of their home", which is often the cry used to create these crazy levels of protection for residential tenants. Study up on commercial and see what you find.

Do commercial tenants require licensed moving companies to get rid of their stuff?

Are commercial tenants provided storage guarantees from the LL? If yes, how long do you have to store their stuff?

Bottom line: this can't be allowed to happen again. Find another way.

--184.4.xx.xx




eviction crazy expense (by MikeA [TX]) Posted on: Nov 30, 2022 11:10 AM
Message:

A "certified" moving company? Sounds to me like someone in the city has a cousin who they have managed to line the family pockets. A private eye could probably shed some light on this situation and give you some leverage to get the law changed. Nothing like presenting irrefutable facts at a city council meeting where the media was invited.

Here in Texas, the Sheriff shows up, walks through the place, and either determines it to be all trash (one county), or tells me to move it to the curb (the other county). I get a couple of day laborers and a big box of contractors trash bags and we have it out in a few minutes. The biggest problem I have is the next day, cleaning up the mess that the neighbors made picking stuff out of the pile. Relatively painless. --209.205.xxx.xx




eviction crazy expense (by tryan [MA]) Posted on: Nov 30, 2022 11:41 AM
Message:

Welcome to my nightmare ... back in the hood we had no option but to pay 3 months storage during the eviction. AND it had to taken by a bonded, insured moving company. Haven't had to evict in a while so MAYBE things have changed.

Constables get pretty creative in the hood. Did an eviction New Years Eve. The moving company shows up short handed. Hired people walking the street with CASH. Then told the tenant "If I put this in storage, YOU COULD LOOSE IT ALL. Why don't you find me a friends garage .... you've got 2 hours."

Yup that worked .... constable pocketed 1/2 the storage fee and refunded me the rest. Can't make this stuff up!! --198.168.xx.xxx




eviction crazy expense (by Vee [OH]) Posted on: Nov 30, 2022 12:22 PM
Message:

Well what is described above is fairly accurate about moving with bonded moving company - at least since 1994 in this county. I open the storage unit in the tenants name and update the phone number a week afterwards, until around 2015 to clear the court record money award the storage barn would have to be paid off as well as the manager/owner. Ohio law allows the storage barn to auction the contents to defray the storage costs accrued. Charging double rent value security deposit has been common everywhere I worked in since about 2012 and smoke free units since I learned about the HUD policy that went into law in 2009. Deferred maintenance is a problem only solved by the owner/manager, everywhere. Be sure to visit as many city/housing assistance meetings and parties as possible to explain this to anyone who has a relative renting in the area, you may have seen me at some - I was told by other landlords I was on TV explaining the unfair lead-safe laws on stations from Toledo over to Erie PA. --76.190.xxx.xxx




eviction crazy expense (by DonV [OH]) Posted on: Nov 30, 2022 1:28 PM
Message:

Interesting it is in other areas. I make a LOT of money in this area. I own/owned 7 or 8 properties in these areas for 15 years on average. I only had to this once. The water running and late rent was about half the $5k I lost. I have never had to pay a moving company before. The profits I make in these areas is amazing. I just cannot believe the cities still pull this. Those same cities used to require POS inspections and if new buyer assumed violations they need 3x estimates for repairs in escrow at closing. It destroyed property values because many homeowners did not have the $5k - $20k in repairs the city required to sell their property. They got sued and POS inspections mostly went away.

Vee good info as always, if I have to do this again I am going to remember your storage trick. Thanks! --74.81.xxx.xx




eviction crazy expense (by Richard [MI]) Posted on: Nov 30, 2022 1:33 PM
Message:

Sell everything in those areas.

If you want to do any business there, just get something under contract and assign the contract. Do not take title.

It's only going to get much worse, especially in big cities controlled by socialists. --75.7.xx.xx




eviction crazy expense (by don [PA]) Posted on: Nov 30, 2022 1:42 PM
Message:

In Penna. the situation that you describe only exists when one is doing an ejection after buying a house at a tax delinquent sheriff sale. As far as tenant evictions, the ll must safeguard the tenant's belongings, either by leaving them in the house or moving them to a storge unit, but he does not have to hire a prof'l bonded moving company. I believe the tenant has 10 days to tell the ll that he wants the stuff. If he does not, the ll can trash it. If he does, the ll must store it for 30 days. many lls put the stuff in a storage unit, pau the first month, and give the keys to the tenant. --73.141.xxx.xxx




eviction crazy expense (by Moshe [CA]) Posted on: Nov 30, 2022 2:58 PM
Message:

You MAY have better luck recovering with the following added to your lease:

"In the event that any items of personal property of LESSEE remain on the premises, then LESSOR may cause all such items to be immediately hauled away and disposed of or stored at LESSEE’s expense, and LESSOR may deduct any such expenses from the security deposit as costs of cleaning of the premises upon termination of the tenancy necessary to return the unit to the same level of cleanliness it was in at the inception of the tenancy."

An Associate in my attorney's office has expressed dubiousness about this clause, based on the fact that CA law provides for a procedure of recovering of such expenses from a public sale of the belongings, and does NOT provide for a procedure like mine (but she is only an Associate). I would claim in court that my procedure is not forbidden by law, that the lease and civil code bind the tenant to my recovery as a consequence of not returning the property in CLEAN CONDITION rather than as a consequence of having left behind belongings. I don't take tenants that I cannot recover from, in case I have to.

NOTE that the above clause is drafted according to CA law.

--47.139.xx.xxx




eviction crazy expense (by Vee [OH]) Posted on: Nov 30, 2022 6:58 PM
Message:

The answer from Mosche above would be helpful for abandonment however once the court is involved you must follow court orders - the bonded movers actually protect the manager/owner during eviction keeping the owner separated from any contents and thereby immune from a damage or theft claim made by the occupant/tenant in the 2nd cause hearing which would result in 3x-deposit going back to tenant plus any documented theft. --76.190.xxx.xxx




eviction crazy expense (by Moshe [CA]) Posted on: Nov 30, 2022 9:22 PM
Message:

Of course you must follow the court orders, but in CA bonded movers are not required.

What my answer was has to do with recovering the expense of hauling away and/or storage. That CA law requires certain procedure for storage and use of a public sale of belongings to recover expenses usually does not recover enough money to pay these expenses. But I suggest that use of the cleaning statute allows landlord to go to small claims court (up to $10,000) and try to recover expenses not reimbursed by the sale.

--47.139.xx.xxx




eviction crazy expense (by Paulio [PA]) Posted on: Dec 1, 2022 8:13 AM
Message:

I would research what it would take to create a licensed, bonded moving company....DonV's Moving Company, LLC. You would service one client....DonV. Even if all you had was your pickup truck and a garage, it may be a lot cheaper than what you currently have to go through. And it might not be as hard to set up as it might seem. --50.32.xxx.xxx




eviction crazy expense (by zero [IN]) Posted on: Dec 6, 2022 6:32 AM
Message:

I am again feeling lucky about my county regarding evictions.

I file and the clock starts ticking. The tenant gets 30 days from the day I file. Usually a week goes by before I get the first hearing. The judge just asks if we tried to settle things. Then asks if the tenant agrees that the eviction is sound.

At the 30 day mark the Sherriff's department calls to see if I want an assist. A deputy shows up. At 10:00 in the morning I take possession. If they are in the deputy makes them leave. I have new locks waiting.

Anything left in the rental is forfeit. Last judge told deadbeats in a hearing before mine that if they leave a bag of gold on the kitchen counter they can't go back for it. I was amazed that he made this change, and the new judge follows it completely.

I have given extra time (an hour, not a day) for the tenants to get what they can. I allowed one to put items on the curb but made them swear in front of the deputy they would be back in an hour to get it all.

I figure that they will get what they want within the 30 day period. The rest I either donate or dumpster. I did buy an enclosed trailer for when the last judge was saying anything with a value to it must be kept for the tenant. Never used it for that as nothing had any value in my eyes. --107.147.xx.xxx



Click Here to send this discussion to a friend
Report discussion to Webmaster


Reply:
Subject: RE: eviction crazy expense
Your Name:
Your State:

Message:
eviction crazy expense
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: