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Old 11-23-2013, 09:07 AM
 
27,214 posts, read 46,745,966 times
Reputation: 15667

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Quote:
Originally Posted by NoMoreSnowForMe View Post
OP, the unlawful detainers will show up on an eviction report. They may show up in a public records search. There are bureaus online that will run the search for you so you can see what's on it. Don't remember where you are, but here is the bureau I used. Maybe you could call them and ask them what it would cost to run a check on you:

https://www.cbacredit.com/tenant_screening.html

I always ran a credit check and an eviction report. Then I also did a google search just to see what would show up.

The eviction report would just tell me if an unlawful detainer was filed. If one was filed, I did not rent to that person. I didn't take the time to find out the details of their case.

I see your point, Bosco, but as others have said, an UD is only filed if rent isn't paid on time. And in the OP's case, I agree that you need to get a month's rent savings put together. Especially after this happened the first time.

Personally, I did work with students who had financial aid issues, and the owner was okay with it, but he also owned many, many units. One late payer who pays rent late once or twice a year won't break the bank for him.

From those students, I required proof from their financial aid office that the money was coming before the end of the month, and I didn't charge them late charges. But, there aren't many managers/owners out there like that.

Also, Bosco, the problem with picking and choosing which evictions you'll accept, and which you won't, can get you into a fair housing mess. It's legal to discriminate across the board for an unlawful detainer filed. But, what if you don't do it across the board? What if one of the ones you said no to had kids and the other didn't?

It's an unfortunate mess when you can't pay the rent, but the repo man doesn't care why you missed the car payment. The credit bureaus don't care why you pay late or had to file bankruptcy. It will affect your credit score. It is what it is. And TWO unlawful detainers? Forgetaboutit.
That is exactly the reason why we don't take anybody with any evictions showing up or they need at least to have been 10 years ago or longer.

Btw even section 8 doesn't take prior evictions but they only go back 3 years prior to the day of the appliation. Section 8 also denies people if they have convictions.

We dey even for arrest for certain things since some people get off due to first time offenders but if they were caught with meth than we don't want them....etc.

 
Old 11-23-2013, 09:23 AM
 
Location: Tampa (by way of Omaha)
14,561 posts, read 23,065,107 times
Reputation: 10356
Quote:
Originally Posted by bentlebee View Post
On tenants who ever had an eviction filed against them will agree with the other person...no sane LL will agree to rent to them. That is why background checks are done.
That's a direct contradiction to what you posted just a few days ago.

Quote:
If the tenants wins it will of course be a very positive thing for the tenant and equally looked at by us.
How do you reconcile these two statements?
Quote:
I even had one tenant who explained at large about their eviction filing which was due to the house they rented was in foreclosure and how sad it was for them and they couldn't help it and I asked if they could get a letter from the owner that would say the same thing...but that was impossible since the owner was nowhere to be found. They even gave me the address and indeed the house was in foreclosure.

What they didn't expect was that I contacted the place they were evicted from which was a different address and I got a copy from the public records showing why they were evicted and the amount of damages was over $8000.

Illegally having a pit bull and no dog was approved at all. Carpet damaged due to dog, etc. Damages to walls. Illegally moving in 5 more people, etc.

It was a combination of unpaid rent and damages.

After that all coming out they still begged to be allowed to move in since they bettered their life...Really? By lying!!!
I wouldn't rent to those people either.

Quote:
The one poster who is so outspoken against everyone who uses common sense and wants people with an eviction on their record, to be moving in and tenants breaking a lease without decent proof of medical issues,that person should start his on rental business and rent to all of them.

That way everyone is happy, we will be happy to refer all of them to him/her and tenants will be so happy since they can get anything done without proof!
You have a bad habit of making issues personal and attempting to twist people's words. I wonder if that's a result of your anger towards me after I showed this entire forum you lacked even basic understanding of the laws that govern your chosen profession. Regardless, it's kinda sad.
 
Old 11-23-2013, 09:35 AM
 
Location: Tampa (by way of Omaha)
14,561 posts, read 23,065,107 times
Reputation: 10356
Quote:
Originally Posted by parentologist View Post
No one does it "vindictively".
The problem with absolute statements is that they are almost never true. This one is certainly not true as I've personally dealt with a vindictive property manager on behalf of my mother. I handled the case and the property managers lost in spectacular fashion.

Rare? Yes. It does happen, however.

Quote:
Originally Posted by parentologist View Post
Eviction filed means I'm not going to rent to you, no matter what the outcome.
I fail to see the logic in the second two scenarios. A case dismissed by the court or with a ruling for the tenant ultimately means the tenant was in the right. What is your reasoning for not wanting to rent to them? Intimidation factor of a knowledgeable tenant or one with the means to obtain legal counsel? That's the only logical conclusion I can come to.

Quote:
Originally Posted by NoMoreSnowForMe View Post
OP, the unlawful detainers will show up on an eviction report. They may show up in a public records search. There are bureaus online that will run the search for you so you can see what's on it. Don't remember where you are, but here is the bureau I used. Maybe you could call them and ask them what it would cost to run a check on you:

https://www.cbacredit.com/tenant_screening.html

I always ran a credit check and an eviction report. Then I also did a google search just to see what would show up.

The eviction report would just tell me if an unlawful detainer was filed. If one was filed, I did not rent to that person. I didn't take the time to find out the details of their case.

I see your point, Bosco, but as others have said, an UD is only filed if rent isn't paid on time. And in the OP's case, I agree that you need to get a month's rent savings put together. Especially after this happened the first time.

Personally, I did work with students who had financial aid issues, and the owner was okay with it, but he also owned many, many units. One late payer who pays rent late once or twice a year won't break the bank for him.

From those students, I required proof from their financial aid office that the money was coming before the end of the month, and I didn't charge them late charges. But, there aren't many managers/owners out there like that.

Also, Bosco, the problem with picking and choosing which evictions you'll accept, and which you won't, can get you into a fair housing mess. It's legal to discriminate across the board for an unlawful detainer filed. But, what if you don't do it across the board? What if one of the ones you said no to had kids and the other didn't?

It's an unfortunate mess when you can't pay the rent, but the repo man doesn't care why you missed the car payment. The credit bureaus don't care why you pay late or had to file bankruptcy. It will affect your credit score. It is what it is. And TWO unlawful detainers? Forgetaboutit.
The problem here is that in my county, as with most circuits in Florida, there is no housing court. All eviction issues are handled at the county court level. The county also lists all eviction proceedings as "Delinquent tenant" whether it is an unlawful detainer, holdover tenacy, unpaid rent or lease provisions. There is simply no way to know what the actual issue is without seeing the court documents themselves.

May or may not be the same in other jurisdictions, however.
 
Old 11-24-2013, 03:58 PM
 
Location: Silicon Valley
18,813 posts, read 32,500,469 times
Reputation: 38576
Bosco, the thing is, what kind of an issue would be okay that made it's way all the way to the courthouse? I'm almost 58 years old, have rented most of my life since I barely turned 18...granted I owned for a few of those years, but the majority of my housing has been rentals...and I have NEVER had any court situation occur over any place I ever rented, no matter how poor I was, and I've often been on a limited income.

So, I just don't care "why" a tenant ended up in court. The fact that they ended up there is a red flag. And "winning" in eviction court, could just mean they finally paid the rent - late. Or they finally got rid of the pit bull, etc., etc.

If I was to ever reject the one tenant in a million who has a court case filed against them because they refused to have sex with the landlord, well, I'm sorry. But those are hardly the odds.
 
Old 11-25-2013, 04:22 PM
 
27,214 posts, read 46,745,966 times
Reputation: 15667
The other reason it can be thrown out in court is because the owner made an error on the papers...and some owners won't file again since they have to pay the court fees all over again.
 
Old 11-25-2013, 04:34 PM
 
Location: NYC
3,076 posts, read 5,498,983 times
Reputation: 3008
Quote:
Originally Posted by NoMoreSnowForMe View Post
Bosco, the thing is, what kind of an issue would be okay that made it's way all the way to the courthouse? I'm almost 58 years old, have rented most of my life since I barely turned 18...granted I owned for a few of those years, but the majority of my housing has been rentals...and I have NEVER had any court situation occur over any place I ever rented, no matter how poor I was, and I've often been on a limited income.

So, I just don't care "why" a tenant ended up in court. The fact that they ended up there is a red flag. And "winning" in eviction court, could just mean they finally paid the rent - late. Or they finally got rid of the pit bull, etc., etc.

If I was to ever reject the one tenant in a million who has a court case filed against them because they refused to have sex with the landlord, well, I'm sorry. But those are hardly the odds.
Well, from my own experience, I lived in an apartment for over eight years. Had a good relationship with the landlord (or so I thought).

One day, out of the blue, she calls me and says that she needs the apartment for her husband and that they are divorcing, she kicked him out, etc. This was in Staten Island a month after Sandy. There were no apartments.

She was threatening to serve me with a 30 day notice, etc. Now I was able to find an apartment quickly, but what if I couldn't? Here I was, a great tenant, and she was basically throwing me out on my butt.

So I would have ended up having to go to court, etc., due to no fault of my own.

Some crappy landlords put tenants in these situations, and it's not always their fault. I have become VERY wary of all landlords.
 
Old 11-25-2013, 04:46 PM
 
27,214 posts, read 46,745,966 times
Reputation: 15667
Quote:
Originally Posted by jen5276 View Post
Well, from my own experience, I lived in an apartment for over eight years. Had a good relationship with the landlord (or so I thought).

One day, out of the blue, she calls me and says that she needs the apartment for her husband and that they are divorcing, she kicked him out, etc. This was in Staten Island a month after Sandy. There were no apartments.

She was threatening to serve me with a 30 day notice, etc. Now I was able to find an apartment quickly, but what if I couldn't? Here I was, a great tenant, and she was basically throwing me out on my butt.

So I would have ended up having to go to court, etc., due to no fault of my own.

Some crappy landlords put tenants in these situations, and it's not always their fault. I have become VERY wary of all landlords.
It is always sad for both sides if something like this happens. That is the risk of renting and I doubt that the owners were happy with the situation too. They lost income and now they had a divorce and less income. Nobody won in this case.

If you are a tenant than you have no rights other than tenant/landlord laws. You choose for whatever reason not to own a home and that way you have the right to move within the lease agreement terms, so you can easily move around from place to place and that will be easier than when own the home. You are also not responsible for most repairs, but he down side it that someone else can give you notice and you will have to move.

There is nothing mean, unfriendly or has anything whatsoever to do with not a good relationship. Perhaps the owner felt worse than you to even tell you while dealing with a divorce.
 
Old 11-25-2013, 05:31 PM
 
Location: NYC
3,076 posts, read 5,498,983 times
Reputation: 3008
Quote:
Originally Posted by bentlebee View Post
It is always sad for both sides if something like this happens. That is the risk of renting and I doubt that the owners were happy with the situation too. They lost income and now they had a divorce and less income. Nobody won in this case.

If you are a tenant than you have no rights other than tenant/landlord laws. You choose for whatever reason not to own a home and that way you have the right to move within the lease agreement terms, so you can easily move around from place to place and that will be easier than when own the home. You are also not responsible for most repairs, but he down side it that someone else can give you notice and you will have to move.

There is nothing mean, unfriendly or has anything whatsoever to do with not a good relationship. Perhaps
the owner felt worse than you to even tell you while dealing with a divorce.
Eh, doubt it. She was very harsh throughout the whole thing. Cold. Like when will you be out, when will you be out? It was SO stressful and awful. And right around the holidays. She didn't have to go about it that way, she could have given me some time. But she didn't.

AND I could have screwed her by staying there rent free, while the extremely friendly landlord/tenant laws here in NYC protected me, plus one of the lawyers I worked for wanted to write her a letter requesting her to pay my moving expenses, but I didn't. Because I just wanted to get out of there and away from her. She's a piece of crap...

Looking back, I would have done it a lot different. I wouldn't have made it that easy on her, that's for sure.

Last edited by jen5276; 11-25-2013 at 06:07 PM..
 
Old 11-25-2013, 07:17 PM
 
27,214 posts, read 46,745,966 times
Reputation: 15667
Quote:
Originally Posted by jen5276 View Post
Eh, doubt it. She was very harsh throughout the whole thing. Cold. Like when will you be out, when will you be out? It was SO stressful and awful. And right around the holidays. She didn't have to go about it that way, she could have given me some time. But she didn't.

AND I could have screwed her by staying there rent free, while the extremely friendly landlord/tenant laws here in NYC protected me, plus one of the lawyers I worked for wanted to write her a letter requesting her to pay my moving expenses, but I didn't. Because I just wanted to get out of there and away from her. She's a piece of crap...

Looking back, I would have done it a lot different. I wouldn't have made it that easy on her, that's for sure.
I'm not sure in your case, but it feel you judge a person who has martial difficulties and how they have to respond to you. Everyone will act different while not being in the best mood. Maybe the owner has also financial difficulties due to the related issues and stress.

I have seen lawyers making statements on tv that makes me wonder how in earth they could get their degree and it was confirmed by judges who slammed them due to their behavior and remarks as well as lawyers who are very convinced that a person is not guilty and jury will convict them while I was watching the same images and was convinced about the persons guilt.

Why would you deserve a moving expense?
 
Old 11-26-2013, 04:57 AM
 
Location: NYC
3,076 posts, read 5,498,983 times
Reputation: 3008
Quote:
Originally Posted by bentlebee View Post
I'm not sure in your case, but it feel you judge a person who has martial difficulties and how they have to respond to you. Everyone will act different while not being in the best mood. Maybe the owner has also financial difficulties due to the related issues and stress.

I have seen lawyers making statements on tv that makes me wonder how in earth they could get their degree and it was confirmed by judges who slammed them due to their behavior and remarks as well as lawyers who are very convinced that a person is not guilty and jury will convict them while I was watching the same images and was convinced about the persons guilt.

Why would you deserve a moving expense?
Well this lawyer was a DA in the Brooklyn DA office....rarely loses a case. He felt I deserved a moving expense due to the inconvenience she put me through. But like I said, I didn't pursue that, even though everyone thought I was dumb not to.
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