She's the one I want the voo doo doll for. LOL He won't leave becaue he has no where to go. If she would do what she should do, and rent or buy him a place, he would move.
Fire bug
- Thread starter KimsJeep
- Start date
@KimsJeep
If your tenant disputes the eviction and files a response you should speak with your attorney about "cash for keys."
You want the guy out, and eventually you will win, but with Covid-related protections for tenants, delays at the courthouse, and the usual bob and weave stall tactics by deadbeat tenants, if may be substantially less expensive in the long run and faster to the finish line for your attorney to negotiate a cash inducement to leave payable when you see your tenant's tail lights turn the corner for the last time.
If your tenant disputes the eviction and files a response you should speak with your attorney about "cash for keys."
You want the guy out, and eventually you will win, but with Covid-related protections for tenants, delays at the courthouse, and the usual bob and weave stall tactics by deadbeat tenants, if may be substantially less expensive in the long run and faster to the finish line for your attorney to negotiate a cash inducement to leave payable when you see your tenant's tail lights turn the corner for the last time.
I don't think that will work. He has no clue what money is per say. When he needs something, his Mommy runs and buys it for him. When he wants some cash to spend, he just asks his Mom and she gives it to him. It's an endless supply.
When we noticed him sleeping out on his porch on the concrete, my hubby told him that since he is sleeping on the ground anyway, if he went ahead and moved, he would save 600 a month. He just shrugged his shoulders.
Edit to add.. He doesn't pay bills or anything. His Mom is his payee and she pays all of his bills. He just hands the envelopes to her.
If your tenant files a response to the UD it will probably mean that Mommy or someone hired by Mommy is involved. That is the individual who would negotiate on behalf of your tenant, definitely so if that person is an attorney.
Cash for Keys can be a very enticing carrot. Don't discount it as a means to bring this drama to an end.
Cash for Keys can be a very enticing carrot. Don't discount it as a means to bring this drama to an end.
Yah, it would probably be his Mom that would reply to it if he asks her to. Thing is, she could agree to the money incentive for him, but he would not get out. It would still take a Sheriff to get him out. He will just lock the doors and not come out. Yes, he may leave to go buy something, but I'm sure we wouldnt be able to just lock him out when he was gone. I'm sure that type of a deal would call for him to move out on his own.
Back in July when we gave him the first eviction notice with out a lawyer, he told his Mom he would be out on such and such a date. That day came and went and his Mom and brother went and talked to him and he told her he would be out that Sat. Again, came and went. When the 3 day eviction notice came, he told his step Dad he would move on that following Sat. Step Dad went and talked to a person with a truck to go get his stuff. Sat. came and went and here we are today.
What the real problem is here, is he doesn't know enough to just go rent another place. His Mom needs to do that for him. She is the one that got him a place to stay when he first got on his meds. That was back when he first got charged with sex chrime and they determined he needed to be on meds. We later talked to his Mom and told her he could rent our place. He had nothing to do with any of it. She just said, you are going to move into Bob's house.
So if she would go get him a place, he would move. I mean would you move if you knew you woudl be out in the cold without a roof over your head? No. She won't go do this because she doesn't want her name on an agreement. She knows if he damages a property, she would be responsible.
Right now, with him refusing to take his meds, she won't be able to take him and just have him sign the paperwork himself. He can't stay sane long enough to do so. She actually lucked out because hubby and I were dumb and didn't have them do a rental agreement, you know because they were "friends".
So if she would go get him a place, he would move. I mean would you move if you knew you woudl be out in the cold without a roof over your head? No. She won't go do this because she doesn't want her name on an agreement. She knows if he damages a property, she would be responsible.
Right now, with him refusing to take his meds, she won't be able to take him and just have him sign the paperwork himself. He can't stay sane long enough to do so. She actually lucked out because hubby and I were dumb and didn't have them do a rental agreement, you know because they were "friends".
That is not your problem.
Your attorney will know how to handle a cash for keys situation if it becomes appropriate. It typically involves a stipulated judgment granting you possession of the property on a date certain with payment due only if the tenant vacates on or before that date. If the tenant doesn't get out by the agreed upon date for whatever reason, the stipulated judgment typically reads that cash for keys is forfeited and you can have the Sheriff throw him out.
It is something to consider only if your tenant files a response to the UD, which will likely mean that there a rational person involved. If he never files a response and your attorney takes his default then then the potential for cash for keys never arises.
Let your attorney do his/her job and try not to interact with your tenant or make comments directly to him about moving. It is very easy for continued contact to be construed by third parties as harassment and if that happens you will never get him out.
OHhh, I understand now. That may be a way to go then. I will defenitly suggest that to the lawyer if the guys Mom replys to it.
I don't talk to him at all. My hubby also quit talking to him for the most part. Only thing that had to be said one time was asking him to not turn the water off to the house because it turns it off to our garage too. He did it again and this time hubby just went over there and turned it back on and removed the knob. Other then that, we don't talk to him.
I used to always think that hubby should be reminding him that he should move, but then figured that it is best to just let the lawyer do his thing.
Thanks for explaining that to me in blonde terms.
Yay!!! The paperwork finally came back from the courts!!! Now they can serve him. I'm hoping she (lawyers helper) get it to the server today. I have to say, the last few times we needed to serve him, they did it the same day the lawyer drew up the paperwork, so hopefully she can get it out to the server today. Most importantly, I'm hoping he will answer the door for the guy and it will be a done deal in one shot. My luck, it won't. LOL Anyway, it is at least a step forward with it coming back from the courts.
Update, just got off the phone with the lawyers helper, she is giving my phone number and address to the server right now. She said that he has plans to try to serve him this evening sometime. I wrapped an empty box in Christmas wrap and if he calls me I plan on having him come by and pick it up before he goes to Danny's. Figured Danny may open the door if the guy say's he has a present from his Mom. LOL At least I hope it works.
Update, just got off the phone with the lawyers helper, she is giving my phone number and address to the server right now. She said that he has plans to try to serve him this evening sometime. I wrapped an empty box in Christmas wrap and if he calls me I plan on having him come by and pick it up before he goes to Danny's. Figured Danny may open the door if the guy say's he has a present from his Mom. LOL At least I hope it works.
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I'm so mad at myself!! I should have pushed record on my computer instead of depending on the "motion sensor" to turn the camera on to record....................HIM BEING SERVED!!!!!!!!!!! LOL
The processor called me last night at about 6.45pm. He came by my house first to pic up a small empty box that I rapped with Christmas paper. I told him that he needed to tell Danny that he used to work for his Mom, and she asked him to bring this present by. It worked. LOL Danny opened the door to get the package and before the guy let it go, he pulled the papers out from under his jacket and put them on top of the present. (aka, empty box) LOL
Sure wish I could have been a fly on the wall when he opened that present and found nothing. LOL Then to see him reading the papers saying "you have been sued". LOL
My camera failed me though. It did record the guy walking up to the door with the package and knocking. He wasn't moving a lot and it stopped recording. Didn't start recording again till Danny was shutting the door. I was just so excited about watching it happen in real time, I didn't hit record. I will make sure I hit record when it comes time for the Sheriff. LOL
The processor called me last night at about 6.45pm. He came by my house first to pic up a small empty box that I rapped with Christmas paper. I told him that he needed to tell Danny that he used to work for his Mom, and she asked him to bring this present by. It worked. LOL Danny opened the door to get the package and before the guy let it go, he pulled the papers out from under his jacket and put them on top of the present. (aka, empty box) LOL
Sure wish I could have been a fly on the wall when he opened that present and found nothing. LOL Then to see him reading the papers saying "you have been sued". LOL
My camera failed me though. It did record the guy walking up to the door with the package and knocking. He wasn't moving a lot and it stopped recording. Didn't start recording again till Danny was shutting the door. I was just so excited about watching it happen in real time, I didn't hit record. I will make sure I hit record when it comes time for the Sheriff. LOL
Well I hope it doesn't happen like in the photo above, LOL, but now he has 5 days to respond to the courts and serve us if he is going to try to fight it. BUT, because of Covid and even thought it doesn't say it on the papers, it is actually 15 days. After the 16th day the lawyer will file a Writ and we have to wait for it to come back from the courts. She is saying that has been only taking 3 days for some other cases she filed them for. For me, it will probably take 2 weeks. LOL Once the writ if back then it goes to the Sheriff and they contact me to make an appt. to get him out. They have to notify him of that date. Then that date gets here and he gets out by his own or with force.
He left on his bicycle about 45 mins ago and still hasn't come back. He was cussing up a storm at his imaginary friend so he is pretty worked up. I'm thinking he may have gone to show the papers to his Mom. So now we have to hope she just doesn't get involved. If she does, we will be going through what that picture above shows. So probably another 2 years. LOL
If all goes our way, he will be out maybe the first week or 2 of Feburary.
Well, I think we may be in it for the long haul. Long story kind of shortened,
Hubby went to Danny's Mom and StepDads (remember, he used to work for them) just to say hi. (and try to get info if they were willing to give it.) Of all the times to go, Danny was there. LOL Anyway, I guess Danny said he was going to get out and put some stuff on the porch or maybe in his shed. Then they talked about having the guys go over and move his stuff out for him. These were the same guys they were supposed to do it last time and then Danny told them he wasn't going to move so it never happened. Any, Bob ended up telling them the only way that you will be able to get him to move is to just go over there with the guys and move it all even if Danny say's no. I'm not sure what the reply was from Gary and Linda (parents).
He also found out that Danny asked his Mom to take him to the courts and they figured they would be able to get legal help for him, but the courts were closed so that was a bust. Bob then told them (not sure if Danny was still there or not) they would have to hire an attorney to fight this, that they can't just do it on their own. They told him that Danny doesn't have the money for that. Bob then told them that they should just let this run it's course because even if they did fight it, eventually Danny would still end up having to move. ( I mean they can't MAKE us keep renting our house out.) So either way, it will still end up coming down to having a Sheriff come get him out. He told them it was still going to be a while before it gets to the Sheriff anyway. Bob told me that he felt confident that that's what they are going to do. Me not so much. LOL
I asked Bob, did you ask them why they weren't trying to find him a place to move? He told me yes, and that they haven't found anything and they even asked Danny if he was looking. LOL Like he would. LOL They even told Bob that they knew someone that does their yard service that said Danny could rent a room from them, but he needs to be on his meds. To that Danny mumbled he wasn't going to take his meds.
I mean, come on, I'm a Mom and if my son refused to take his meds, I would not be helping him. Now on the other hand, if my son was getting evicted out of his house, sure I would help him (if he was on his meds), I would either help him find another house to move into or I would let him live with me for a bit till he got on his feet.
I just can't believe that she is willing to help him try to fight to stay in our house. Specially because of what kind of relationship my hubby and her and her husband has with my husband. I can't believe they won't help him get another place to go. They say they are looking, but I highly doubt that because from July till now, there has to be some sort of low income apt for rent somewhere. Or even the room for rent that has been offered, twice. But have to be on meds.
Ugghhh, I just feel we will be fighting this for the next couple years.
So much for being short. LOL
Hubby went to Danny's Mom and StepDads (remember, he used to work for them) just to say hi. (and try to get info if they were willing to give it.) Of all the times to go, Danny was there. LOL Anyway, I guess Danny said he was going to get out and put some stuff on the porch or maybe in his shed. Then they talked about having the guys go over and move his stuff out for him. These were the same guys they were supposed to do it last time and then Danny told them he wasn't going to move so it never happened. Any, Bob ended up telling them the only way that you will be able to get him to move is to just go over there with the guys and move it all even if Danny say's no. I'm not sure what the reply was from Gary and Linda (parents).
He also found out that Danny asked his Mom to take him to the courts and they figured they would be able to get legal help for him, but the courts were closed so that was a bust. Bob then told them (not sure if Danny was still there or not) they would have to hire an attorney to fight this, that they can't just do it on their own. They told him that Danny doesn't have the money for that. Bob then told them that they should just let this run it's course because even if they did fight it, eventually Danny would still end up having to move. ( I mean they can't MAKE us keep renting our house out.) So either way, it will still end up coming down to having a Sheriff come get him out. He told them it was still going to be a while before it gets to the Sheriff anyway. Bob told me that he felt confident that that's what they are going to do. Me not so much. LOL
I asked Bob, did you ask them why they weren't trying to find him a place to move? He told me yes, and that they haven't found anything and they even asked Danny if he was looking. LOL Like he would. LOL They even told Bob that they knew someone that does their yard service that said Danny could rent a room from them, but he needs to be on his meds. To that Danny mumbled he wasn't going to take his meds.
I mean, come on, I'm a Mom and if my son refused to take his meds, I would not be helping him. Now on the other hand, if my son was getting evicted out of his house, sure I would help him (if he was on his meds), I would either help him find another house to move into or I would let him live with me for a bit till he got on his feet.
I just can't believe that she is willing to help him try to fight to stay in our house. Specially because of what kind of relationship my hubby and her and her husband has with my husband. I can't believe they won't help him get another place to go. They say they are looking, but I highly doubt that because from July till now, there has to be some sort of low income apt for rent somewhere. Or even the room for rent that has been offered, twice. But have to be on meds.
Ugghhh, I just feel we will be fighting this for the next couple years.
So much for being short. LOL
See what happens when you interact with a tenant rather than letting your your attorney do his/her job?
Interacting with the tenant's family is the same as interacting with the tenant. Many things can come of it, most of them bad.
Sorry you are going through this but you must let the process run its course.
Interacting with the tenant's family is the same as interacting with the tenant. Many things can come of it, most of them bad.
Sorry you are going through this but you must let the process run its course.
I agree with this 100%.
While an attorney will cost money, I would ultimately cut off all communication with the tenant and run every single thing through an attorney. It’s clear that they are going to fight you, so you really need to just step back and let an attorney do their job.
Maybe you’ll get lucky and he will burn the place down and you can collect an insurance payment, right?
This is terrible. It’s always the tenants who get labeled as the victim by the media outlets, but rarely so they ever shed light on the hell that some landlords go through trying to get bad renters out.
I read stuff like this and it makes me realize that I would never, ever want to be in the business of being a landlord.
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