Postpone Eviction (by Alex [GA]) Nov 20, 2023 9:52 AM|
Postpone Eviction (by NE [PA]) Nov 20, 2023 9:55 AM
Postpone Eviction (by Jason [VA]) Nov 20, 2023 10:46 AM
Postpone Eviction (by Alex [GA]) Nov 20, 2023 11:18 AM
Postpone Eviction (by Jason [VA]) Nov 20, 2023 11:25 AM
Postpone Eviction (by MikeA [TX]) Nov 20, 2023 11:56 AM
Postpone Eviction (by S i d [MO]) Nov 20, 2023 12:48 PM
Postpone Eviction (by unb [GA]) Nov 20, 2023 1:33 PM
Postpone Eviction (by Vee [OH]) Nov 20, 2023 2:01 PM
Postpone Eviction (by Alex [GA]) Nov 20, 2023 2:47 PM
Postpone Eviction (by unb [GA]) Nov 20, 2023 3:32 PM
Postpone Eviction (by Ed [CA]) Nov 20, 2023 4:12 PM
Postpone Eviction (by unb [GA]) Nov 20, 2023 4:59 PM
Postpone Eviction (by Alex [GA]) Nov 20, 2023 5:48 PM
Postpone Eviction (by unb [GA]) Nov 21, 2023 6:28 AM
Postpone Eviction (by Ken [NY]) Nov 21, 2023 9:46 AM
Postpone Eviction (by unb [GA]) Nov 21, 2023 1:33 PM
Postpone Eviction (by Ken [NY]) Nov 21, 2023 9:20 PM
Postpone Eviction (by unb [GA]) Nov 22, 2023 6:32 AM
Click here to reply to this discussion.
Click Here to send this discussion to a friend
Postpone Eviction (by Alex [GA]) Posted on: Nov 20, 2023 9:52 AM
I have filed a Dispossessory (Eviction) in the court because the tenant did not pay rent. The tenant filed an answer and we have a court date. I would like to reschedule the court hearing to a later date (after 1 week). Will court allow me to postpone the date?
Postpone Eviction (by NE [PA]) Posted on: Nov 20, 2023 9:55 AM
Postpone Eviction (by Jason [VA]) Posted on: Nov 20, 2023 10:46 AM
Probably. Pick up the phone --174.193.xx.xx
Postpone Eviction (by Alex [GA]) Posted on: Nov 20, 2023 11:18 AM
I forgot to mention, "Why 1 week?".
The reason for 1 week extension is, the tenant replied in the answer he provided, that "He will have all the rent paid in a week, with a firm date of rent payment". So I think, it is fair to ask for the hearing date after the date committed by the tenant.
If the tenant pays the rent, then I can cancel eviction, if NOT, we proceed with the Court Date. --99.98.xxx.xxx
Postpone Eviction (by Jason [VA]) Posted on: Nov 20, 2023 11:25 AM
Keep your court date and make him pay all court costs. If I had a dollar for every empty promise made, I wouldn’t be in real estate anymore.
It will be a training experience for him. --172.58.xxx.xxx
Postpone Eviction (by MikeA [TX]) Posted on: Nov 20, 2023 11:56 AM
"So I think, it is fair".
Not fair in my book. Fair would be for everyone to abide by the terms of the lease agreement, your tenant has made his problems your problem. You owe him nothing beyond what the lease spells out.
Once a tenant gets to a point that you have to file an eviction to get them to pay rent do you really want to keep them as a tenant? In almost every case, once they get to that point they are circling the drain and will stiff you in the not too distant future. If they do pay this month then next month is only days away with no hope of it being on-time. It's a vicious cycle.
I am very clear with tenants up front. If you ever make me file an eviction, there is NO situation where you will get to stay. That message is repeated if they are ever late with rent and again right before I file.
There are lots of other options for people to pay me such as borrowing from friends or family, car title loan, pawn shops, and payday loans. If no one else will loan them money then why are you? It's a losing proposition.
Keep your court date, get the eviction and judgement, review your tenant vetting process to see where it went wrong with this one, get a new financially stable tenant that is living within their means, and try and collect on the judgement from the past tenant. That is the wise thing to do. --209.205.xxx.xx
Postpone Eviction (by S i d [MO]) Posted on: Nov 20, 2023 12:48 PM
Most courts will grant what is called a "continuance", which is the delay you're asking for. However, WHEN the new date happens is up to the court's schedule. In other words, you can ASK for a week, but they might schedule it 2 or 3 weeks from now.
So ask... but be careful what you ask for.
I also agree with MikeA. This tenant is already a liar: he promised to pay, then didn't pay. Why do you believe him now?
I've heard so many, "I'll have rent next week" that never turned out. I just say, "Well, I'm glad you have rent coming in a week, but I needed rent on the 1st. So if you can pay before court, great. Otherwise, we have to proceed."
I'm assuming this person's rent was due the 1st. We're now almost 3 weeks late, and he wants ANOTHER week? No. He's had 3 weeks to borrow from someone else and then repay them. The reason he hasn't or didn't is one of two things: 1) No one else in his life trusts him enough to lend him the rent money 2) He has no intention of paying you.
Which do you think is most likely?
Postpone Eviction (by unb [GA]) Posted on: Nov 20, 2023 1:33 PM
You write a consent order. What will be paid and when. Tenant needs to sign also with Notary present. Bring it to the clerk and get it entered. This consent will keep you and tenant from going to court on the day specified-- why you ask?-- because you already agreed to work it out. You specify what and when and if it isn't per the term you can bring it to the court and get your judgement-- instante.
We almost always file consent and never wait on court. We have explained this to many judges when they question it. The law in GA says you must go out and try to work it out prior to the judge hearing the case. It's doesn't say you can't work it our 5 weeks earlier then court. Do not cancel your court date. When it goes to court the judge will see there was a consent motion filed. --108.239.xx.xx
Postpone Eviction (by Vee [OH]) Posted on: Nov 20, 2023 2:01 PM
Let the court do what you hired them for, remeber Wimpy - I will gladly pay you Wednesday for a hamburger today - there you are. --184.59.xxx.xx
Postpone Eviction (by Alex [GA]) Posted on: Nov 20, 2023 2:47 PM
Thank you so much for your help.
Actually, I apologize that I did not tell you the whole story. After I filed for eviction, the tenant did pay rent but not the Late Fees and Court Filings. So, I have to take chances on 'some money' and not the whole rent. If the tenant pays then I will withdraw the eviction.
Meanwhile, I would like to follow unb [GA] and get a consent order. In GA, there is a mediator who we meet before we meet judge and the mediator draws a "Consent Order" or a date by which the tenant pays and if not, there is no appeal or court date but eviction by Sheriff. --99.98.xxx.xxx
Postpone Eviction (by unb [GA]) Posted on: Nov 20, 2023 3:32 PM
Sorry to bust your bubble. Your tenant doesn't have to pay you diddle.
Your case is over. WHY? you took money. In GA if you file for an eviction and take one penny--YOU HAVE ACCEPTED RENT. Therefore tenant doesn't owe. If you all had signed the consent prior to taking any money you can include all they owe. Court late admin and interest on debt. You would detail it as something like this. Tenant owes 1000 rent, 150 late, 100 court fees and atty fee of 125 if this has a court date set.
That's how your dispo filed looks. The consent would state what you plan on doing with tenant. 1000 rent to be paid by 15th. all other fees by the 27th for example and give the amount. Should they miss any of this agreement-- you can file for the immediate writ of possession with sheriff.
Been here done that. If you follow through its a wrongful eviction. / self help. --108.239.xx.xx
Postpone Eviction (by Ed [CA]) Posted on: Nov 20, 2023 4:12 PM
It's pretty common for a tenant to promise they'll have the money after the court date in the hopes that you'll delay the court date. Don't get suckered in to this. --108.201.xx.xx
Postpone Eviction (by unb [GA]) Posted on: Nov 20, 2023 4:59 PM
Alex why do you think you need a mediator? You call the tenant-- especially one who intends on paying and say-- lets do a consent order based on what your plan is-- submit that to the courts and we can avoid going to court. Why get a numb nut MEDIATOR involved. They are NE kind of gov't people-- flexing their muscle on your dime. It's total BS and waste of time. --108.239.xx.xx
Postpone Eviction (by Alex [GA]) Posted on: Nov 20, 2023 5:48 PM
unb [GA], You are right. A tenant can send you a penny and if the landlord accepts that then the eviction is gone out of window. Here, I have recovered 90% of money from tenant and only 10% is owed.
Mediators are the ones who sign Consent Order.
If I have to start all over again then it takes 2 months of time to evict anyone in my county. It has backed up again. At least I received rent for 2 months now and only a tail is hanging out of the cage. In the worst case, I am willing to let go the tail but at least have the beast inside the cage. --99.98.xxx.xxx
Postpone Eviction (by unb [GA]) Posted on: Nov 21, 2023 6:28 AM
never will you hear e say don't try to go for the balance. You can start over but only for the balance, --108.239.xx.xx
Postpone Eviction (by Ken [NY]) Posted on: Nov 21, 2023 9:46 AM
go to court and make him tell the judge that then tell the judge you are asking for a stay on the eviction till that day then if he pays he stays if he doesnt you already have your eviction and he cant argue when you tell the judge that since he says he will pay i meet before court to make the deal then i let the court know we made a deal and we get called quickly to see the judge then i do the talking and the judge confirms they are good with the deal --73.177.xxx.xx
Postpone Eviction (by unb [GA]) Posted on: Nov 21, 2023 1:33 PM
Ken????? Ken he will look like a fool going before the judge.
Our policy don't get known by the court system powers that be. They love to make examples out of LL's. Especially in front of their voters.
To be clear I would still try for the money. Call the tenant and BS them. something like I want to get this case dismissed when can you pay the balance?
Ken isn't NY a state that if you take money you can't evict? Here in GA the Sheriff questions you before the set out to double check you haven't taken money. --108.239.xx.xx
Postpone Eviction (by Ken [NY]) Posted on: Nov 21, 2023 9:20 PM
unb-why would he look like a fool? here the judges love it when i tell them we made a deal,this way the judge doesnt have to make a decision and if the tenant doesnt come up with the money i get the eviction quickly. yes if i take money i cant evict but if they pay me they can stay as far as i am concerned --73.177.xxx.xx
Postpone Eviction (by unb [GA]) Posted on: Nov 22, 2023 6:32 AM
Ken because he's suppose to know the law. That if he takes money he can't proceed so don't take up my time (the judges time) coming before me.
Our system is to not tell the judge. Our system is to submit the consent well before court date to the clerk. The judge looks it over signs it and we don't need to see the judge again. --108.239.xx.xx
Click Here to send this discussion to a friend
Report discussion to Webmaster