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Old 12-30-2011, 09:06 PM
 
27 posts, read 19,627 times
Reputation: 37
Default What to do? I won in court, have Writ of Possesion ~ tenant misheard judge :(

Quick Version:

Rental started in July with rent due on the 10th of the month due to job pay schedule.

Made the mistake of giving tenants keys the beginning of July & allowing tenants to come in early to paint, move in furniture, etc WITHOUT taking any money upfront ~ just a promise to start paying on July 10th (in my defense I had known this family for about 5 years ~ I would not normally do this).

Then the fun began:

July rent was paid 2 weeks late
August rent was almost a month late ~ we attempted to work with them and made payment agreements which were all broken
September they actually paid Sept early and included August rent and were caught up
October rent was paid 2 weeks late
In November they were 5 days late and we inquired when rent would be paid & were informed that they did not have any money, there was no way they could pay, etc.

We were finally fed up & ended up going through the whole eviction process ~ legally ~ and were issued a Judgement for back rent, Order that the premises were to be given back to us and a Warrant to give to the Sheriff to have them evicted. The judge gave them an additional 2 weeks to move and allowed them until the 31st of December to move out.

Tonight we were informed by our tenant (via message, we have not spoken to them in over a month, ever since we retained an attorney) that they wanted to know if the banks are open tomorrow as they had until tomorrow (12/31) to pay rent. So apparantly they misheard the judge and think they have until tomorrow to PAY, not MOVE OUT!

If they pay, does that VOID everything? We were waiting to see if they moved out on their own by the 31st, so we have not filed the warrant yet with the sheriffs office...and beyond that they were closed from 12/17-1/2 and we could not have filed anyway

Any help would be appreciated! I DO have an attorney, but this is a wrinkle I was NOT expecting ~ I will be calling them on Tuesday.

Again though I DO have a signed Order, Eviction Warrant AND Judgement all signed by the judge...
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Old 12-30-2011, 09:21 PM
 
Location: St Thomas, US Virgin Islands
21,680 posts, read 25,273,226 times
Reputation: 22348
In my opinion you should ignore the tenant's phone message since the whole process has already been gone through. I would just wait until Tuesday, immediately file the warrant with the Sheriff's office if they've still not vacated the premises, and follow up with your attorney. Happy New Year and good luck - this too shall pass!
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Old 12-30-2011, 09:28 PM
 
27 posts, read 19,627 times
Reputation: 37
Thanks ~ that was our plan!

Our rental is our old house in another state and we have a friend who has been driving by periodically to see if they are still there ~ so we knew they hadn't moved out, but I was just shocked when they contacted us (after 5pm of course) to see when the banks are open on Saturday.

Just don't understand how you could misunderstand the judge like that!?
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Old 12-30-2011, 09:36 PM
 
Location: Mostly in my head
16,278 posts, read 29,888,836 times
Reputation: 12117
Do NOT accept any money from them. Tell your friends not to accept any money. If they mail it to you, return it to them. You could void the eviction maybe, depending on your state laws.
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Old 12-30-2011, 09:37 PM
 
339 posts, read 625,524 times
Reputation: 196
The court order should clearly specify that they have to move out by the 31st. I presume that the tenants owe some rent, damages, court costs, whatever - maybe that's what they are thinking??? And how did the judge give them an additional two weeks to move out - should have been written but if he did the judge will NOT be happy if they show up in his court again. I'm guessing you didn't have time to file the warrant before the holiday schedule? The Clerk of the Court is sure getting a well deserved holiday break!! My guess is they will move out (Happy New Year) and you will see NO MONEY.
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Old 12-30-2011, 09:50 PM
 
27 posts, read 19,627 times
Reputation: 37
SouthernBelle ~ they were paying via deposit to our bank account, so I am assuming that is how they would attempt to pay. I will be contacting my atty on Tuesday anyway as I was rather shocked that they THOUGHT they could pay anyway...I was told (by my atty) that they did have until the court date to pay and I would have to accept it (which they did not), but now since the judge has signed everything, that even if they pay ~ nothing can be done, that the lease is VOID.

nightnurse ~ Court was on 12/20 and I did receive a judgement for Nov rent. I am assuming the judge gave them until 12/31 due to the holidays (which I honestly was fine with) and the Sheriff's office is closed to residential evictions from 12/17-1/2 due to the holidays so the earliest I could serve it to them is 1/3 anyway...I honestly don't know what they are thinking? Apparantly that if they pay all will be forgiven?

Last edited by Ota Blue; 12-30-2011 at 09:55 PM.. Reason: added information
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Old 12-30-2011, 09:54 PM
 
27 posts, read 19,627 times
Reputation: 37
Oh and actually the Court Order lists the 20th...but since the judge said the 31st that is what I am going by!
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Old 12-30-2011, 09:57 PM
 
Location: St Thomas, US Virgin Islands
21,680 posts, read 25,273,226 times
Reputation: 22348
Quote:
Originally Posted by Ota Blue View Post
I honestly don't know what they are thinking? Apparantly that if they pay all will be forgiven?
Some of these half-baked idiots just think they know how to buck the system and like to play games. When you don't respond and the Sheriff is on the doorstep to kick them out their smiles will be on the other side of their faces.
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Old 12-31-2011, 12:18 AM
 
Location: Kailua Kona, HI
2,677 posts, read 5,961,791 times
Reputation: 2253
Do not accept any payment. Let the Sheriff or constable lock them out, and follow the rules of your jurisdiction on what to do with any belongings they might leave behind. If there is still money owed, you can file for an judgment then attach whatever assets there are - a bank account, payroll, etc.
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Old 12-31-2011, 12:25 AM
 
Location: southern california
49,314 posts, read 45,862,394 times
Reputation: 40395
dont accept the money. the sheriff heard the judge correctly. let him kick them out.
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