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Does anybody know the history regarding eviction laws and why they favor the tenant? Of course, I understand that there are some crappy landlords out there who are just bad. What about situations in which tenants just don't pay rent. Or they don't leave when their lease is up?
I also don't get why landlords have to pay to move abandoned property, store it, etc. That is ridiculous.
We are trying to close on our new home. The renters living there haven't paid rent for many months (about $30,000 in rental arrears and fees). Their lease has expired, and they just won't leave. It has gone to court, now we are waiting for the warrant for posession. We were supposed to close over a week ago. It is seriously screwing up our selling our home. It is really screwing up everything, but the law protects them. Just don't get it.
trashed my place and got 1 month free rent. gave back full deposit on legal advice.
gota replace carpet fix floors and redo ceiling and major cleaning. a tenant itching for a lawsuit.
Does anybody know the history regarding eviction laws and why they favor the tenant? Of course, I understand that there are some crappy landlords out there who are just bad. What about situations in which tenants just don't pay rent. Or they don't leave when their lease is up?
I also don't get why landlords have to pay to move abandoned property, store it, etc. That is ridiculous.
We are trying to close on our new home. The renters living there haven't paid rent for many months (about $30,000 in rental arrears and fees). Their lease has expired, and they just won't leave. It has gone to court, now we are waiting for the warrant for posession. We were supposed to close over a week ago. It is seriously screwing up our selling our home. It is really screwing up everything, but the law protects them. Just don't get it.
The law isn't protecting them, but the law does make you follow the legal channels, which are never fast. It takes several months to legally evict someone if they refuse to leave. I know it's frustrating, and it's not fair, but following the rules takes time.
Over the years the trend has been to increase tenant safeguards and in some cases it has become easy to abuse the system.
That said... most laws come about to address a problem that has occurred.
Another reason for ever increasing Tenant protections as told to me by my Real Estate Law Professor is Public Policy... if someone is homeless and on the street they are more likely to need assistance of public services... i.e. tax dollars.
Keeping people housed while due process plays out is seen to reduce demand for these social services.
My city has Just Cause Eviction... it came about because a few owners abused the system so the city enacted laws limiting eviction to only a few approved reasons...
The last part is Landlording is a business and business is just about always held to a higher standard by virtue of being a business.
Landlording has evolved to the point where those that play fast and loose with the law will often have to pay a dear price for those actions.
I try to be rational and keep emotion to a minimum...
My last eviction was avoided by having a sitdown with the family... I told them it would cost me about a $1,000 dollars in legal fees to get them out plus it would be on their public record...
I told them I would be willing to return their deposit in full and help with their moving costs if they would be out in a week... after a week, it wouldn't matter because the money that would have gone to them now is going to the lawyer...
They were out in a week and there were no hard feelings...
If you went into a bank and stole $30,000, you would go to jail. If you are a rener and are in arrears, your punishment is weeks if not months of free living.
It seems pretty evident from threads on this forum that in many cases the very slow speed at which bad tenants are actually removed from a property is the fault of the landlord. A landlord simply MUST learn state landlord tenant laws along with eviction procedures and follow through meticulously on all the steps. Being a LL entails way more than having an empty space, signing a generic lease and sitting back waiting for the monthly checks to come in. A LL has to have the combined talents of "butcher, baker and candlestick maker" and way more to avoid a psychological breakdown, let alone be a success!
Does anybody know the history regarding eviction laws and why they favor the tenant?
As you said... yeah, there are some crappy landlords out there who are just bad.
Quote:
We are trying to close on our new home. The renters living there haven't paid rent for many months (about $30,000 in rental arrears and fees). Their lease has expired, and they just won't leave. It has gone to court, now we are waiting for the warrant for posession. We were supposed to close over a week ago. It is seriously screwing up our selling our home. It is really screwing up everything, but the law protects them. Just don't get it.
Look deeper. The primary responsibility and problem is with the seller and their alleged capacity to be an accidental landlord. The secondary responsibility lies with YOU and YOUR lawyer and YOUR lack of contingencies to protect YOUR interests.
As you said... yeah, there are some crappy landlords out there who are just bad.
Look deeper. The primary responsibility and problem is with the seller and their alleged capacity to be an accidental landlord. The secondary responsibility lies with YOU and YOUR lawyer and YOUR lack of contingencies to protect YOUR interests.
We are protected and cannot close until the house is vacant and secure. The buyers of our home know exactly what is going on and signed for an open ended closing date. If this house falls through, we lose the house and our current home. We only put our place (which we love) on the market when our offer was accepted. It just sucks. Their lease expired. They have no money. They need to leave. Everything is suffering because of the delay, and it is causing a huge stress in our family. We don't know what is going through these people's minds.
Does anybody know the history regarding eviction laws and why they favor the tenant? Of course, I understand that there are some crappy landlords out there who are just bad.
We are protected and cannot close until the house is vacant and secure.
You don't seem very protected from here.
You had a choice to buy a house occupied by someone other than the seller (or not).
Now you're held up from proceeding because of this situation.
That is the whole story.
Quote:
Everything is suffering because of the delay, and it is causing a huge stress in our family.
We don't know what is going through these people's minds.
What did your agent and your RE attorney tell you when you tendered your offer on this house?
Did no one mention the (VERY well known) risks you are now enduring?
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