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Unread 01-01-2008, 11:31 AM
 
51 posts, read 205,097 times
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Default eviction in the winter ????

Any one know if a eviction is possible in the cold winter months.We have nonpaying renters that have dependents,we are located in PA.
Any info would be appreciated
Happy New Year
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Unread 01-01-2008, 11:49 AM
 
12,572 posts, read 21,901,468 times
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Eviction is a "Civil" Court process. The process does not differentiate for time of year, only legal holidays.

That being said, a judge could easily grant an extension for hardship or the family could request and receive a postponement or rescheduling.

Have you exhausted all means of settlement? Does the family have a good history and is this strictly a monetary issue or is the property being damaged or used for illegal activity?

How much time does the "Typical" Eviction Process take in your jurisdiction... 4 weeks, 6 weeks or longer?

I personally will work with monetary issues... whereas I have zero tolerance for property damage, utility tampering and illegal activity involving drugs or creating a public nuisance.
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Unread 01-01-2008, 12:22 PM
 
51 posts, read 205,097 times
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Ultrarunner, thanks for your response.
They are new renters,3 months in the house.First month they paid rent but asked for an extension on the sercurity to the next month,which I agreed to.2nd month 2 weeks late on rent with no security as promised.3 rd month no payment and no communication.We have been to the house when someone is obviously home,but will not answer the door, even after we called to let them know we need entry for non emergency mantiance to the heating system. I was very clear that as long as I had communication from them I would work on the monetary issues with them.

I guess I feel like I have been taken advantage of,I took a chance on them full well knowing their was some old negative issues.The last 3 years they have a good record so I gave them a chance. only myself to blame!
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Unread 01-01-2008, 06:32 PM
 
12,572 posts, read 21,901,468 times
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Default School of Hard Knocks...

Sounds like they are ducking you... once the communication stops, they have made their decision.

I'm sure you realize it now... Never let anyone move in without having the security deposit/move-in money in hand.

I learned this lesson the hard way. About 20 years ago, I let a family move in with a personal check on the eve of a Holiday weekend. It was Tuesday morning by the time I learned the check was written on a closed account.

I really learned my lesson... I never received one penny from the family, it cost me $2000 in lost rent and legal fees, in 1988 dollars, to get my unit back.

Last edited by Ultrarunner; 01-01-2008 at 06:55 PM..
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Unread 01-01-2008, 06:50 PM
 
Location: Oz
2,238 posts, read 5,954,364 times
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Quote:
Originally Posted by vitodave View Post
Ultrarunner, thanks for your response.
They are new renters,3 months in the house.First month they paid rent but asked for an extension on the sercurity to the next month,which I agreed to.2nd month 2 weeks late on rent with no security as promised.3 rd month no payment and no communication.We have been to the house when someone is obviously home,but will not answer the door, even after we called to let them know we need entry for non emergency mantiance to the heating system. I was very clear that as long as I had communication from them I would work on the monetary issues with them.

I guess I feel like I have been taken advantage of,I took a chance on them full well knowing their was some old negative issues.The last 3 years they have a good record so I gave them a chance. only myself to blame!
How do you know they had a good record for the last three years? Some previous landlords will say anything to get rid of a problem tenant. Not saying that's the case here, but I've seen it happen.
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Unread 01-01-2008, 09:24 PM
 
Location: NW Montana
6,259 posts, read 7,699,583 times
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Quote:
Originally Posted by vitodave View Post
Ultrarunner, thanks for your response.
They are new renters,3 months in the house.First month they paid rent but asked for an extension on the sercurity to the next month,which I agreed to.2nd month 2 weeks late on rent with no security as promised.3 rd month no payment and no communication.We have been to the house when someone is obviously home,but will not answer the door, even after we called to let them know we need entry for non emergency mantiance to the heating system. I was very clear that as long as I had communication from them I would work on the monetary issues with them.

I guess I feel like I have been taken advantage of,I took a chance on them full well knowing their was some old negative issues.The last 3 years they have a good record so I gave them a chance. only myself to blame!

they have violated their rental agreement so procceed as your agreement dictacts, you can always enact a stay if money is produced, otherwise each day you delay is negative cash flow. The judge will allow them and perhaps encourage them to come up with a payment program and you will have the ability to enact the eviction if they fail to make payment as ordered by the court, either way they have the ability to stay in the unit simply by coming up with the money in the weeks ahead but you are protected from further "doging". Don't beat yourself up, none of us has a crystal ball.
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Unread 12-15-2010, 12:26 PM
 
1 posts, read 7,593 times
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If i live in virginia can i be evicted in the winter months?
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Unread 12-15-2010, 12:49 PM
 
Location: NJ
17,580 posts, read 16,479,517 times
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Quote:
Originally Posted by TIMEZRHARD2010 View Post
If i live in virginia can i be evicted in the winter months?
Why would you think you couldn't be evicted in the winter months?
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Unread 12-16-2010, 03:40 PM
 
14,447 posts, read 17,760,128 times
Reputation: 5828
I just filed for an eviction yesterday and had one tenant with their family evicted 2 weeks ago...All the begging in the world didn't help her and even though it was Thanksgiving the judge signed the papers 1 day before Thanksgiving probably since he knew the sheriff needed to serve her with the writ of pos. and that also takes time.

It is business...they scam you out of money without any consideration for you and the bills you have to pay and how it is your home they agreed to live in and maintain...

So an eviction is just as much business, no payments, get them out!!!

The eviction that I filed yesterday might not even happen because the tenants have agreed to a cancellation of the lease and being out at a certain time frame, but they also stated "what if we don't have a new place"...well they have not paid this month rent so they agreed and signed to pay for the eviction filing if we will stop the eviction if they pay in installments all back fees, non-refundable pet fee that they didn't pay since they thought we wouldn't discover that they kept 3 pets....

The owner wanted us to go ahead and file it in case they don't keep their word...again! One of the tenants is anger to keep her credit score so we are willing to stop the eviction and let them out of the lease if they turn the property over in the same condition as they moved in minus wear and tear...right now it is a party house with numerous calls to the police department...

We will have an inspection soon so let's see what we will get to see on the inside....

Stop thinking where and what will happen with the tenants next or you better start a shelter and have your home as a place for voluntering.
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Unread 12-16-2010, 06:20 PM
 
23,295 posts, read 11,920,760 times
Reputation: 21510
Only the utilities like gas and electic due to heat in the winter CANNOT cut a customer's service off in the winter.
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