Do not ever get evicted! (lease, tenant, eviction, rental)

[1phwalls]

I have read a few threads on here and know some people personally that have recently been evicted.

DO NOT EVER GET AN EVICTION ON YOU RECORD!

Having the 3 day notice posted is not the same thing as an eviction, and those do no go on your credit report. That is what tells you that they want you out, now! But if you go to court and get evicted, that does go on your credit report. Once that happens, no on will want to rent to you regardless of the reason.

Here's why. You know you didn't pay your rent or you broke the lease in some other way, and you have been told to move. Instead of moving, the landlord has to pay to take you to court and have you forcibly removed. There is not another landlord that wants to deal with someone who has done this, because chances are, it will happen again. It costs them money they are not interested in spending.

And why didn't you just move out like you were asked to is what the landlord will say to themselves. And there is really no excuse to not move out once you were given the 3 day notice. It takes weeks to months in some places to actually get a court date, that is plenty of time to move out. Even if it means storing your stuff and staying with someone until you find a new place.

So, move out, have a witness with you when you return the key. Once you turn in your keys, do not ignore an already scheduled court date. If you already have a court date, go to court and state that you retuned the keys on whatever day and there is no need for an eviction and the case needs to be dismissed.

[trishguard]

WHat if you are bing evicted due to foreclosure against your landlord? What is your recourse then?

[SVTLightning]

Move!

[Da Grouch]

Originally Posted by trishguard

WHat if you are bing evicted due to foreclosure against your landlord? What is your recourse then?

That's kinda scary, huh? Imagine someone's (or a family's) life being disrupted like that when they held up their end of the deal and it was their landlord who dropped the ball in a big way.

At least in our jurisdiction whenever a lender forecloses on a property it is "subject to existing tenancies". Obviously, as a landlord with many rentals, I'm not a big fan of government (legislation) interfering in the marketplace; but I wholeheartedly agree with this particular law.

To the property owner a rental unit is for revenue and investment purposes, but to a tenant it is their home. This is where they live, it is their place of shelter and a home base where they have a feeling of security. To have to uproot their lives, possibly yank the kids out of their present school and then start all over by moving everything to a new location when they have met their contractual obligations with the landlord is just wrong.

[1phwalls]

Originally Posted by trishguard

WHat if you are bing evicted due to foreclosure against your landlord? What is your recourse then?

You have no legislated recourse that I am aware of. Stop paying any rent to the LL and move out.

[virgode]

There are special laws in some states because the problem is so common in this economy.
I believe the lease has to be honored by the bank or lending company holding the morgage now,
rent would be paid to them.

Originally Posted by trishguard

WHat if you are bing evicted due to foreclosure against your landlord? What is your recourse then?

[Timm]

Okay, just so I'm sure I'm got this right: if the choices are "get evicted" or "don't get evicted', I should go with "don't get evicted"?
All right, got it! Good idea!

What about felonies? Bankruptcies? Those are still okay, right?

[virgode]

What?

[Ultrarunner]

Originally Posted by virgode

There are special laws in some states because the problem is so common in this economy.
I believe the lease has to be honored by the bank or lending company holding the morgage now,
rent would be paid to them.

Yes... this is the case in San Francisco. It's hardly ideal because banks don't do well managing properties... think about it... it's a lot harder to management real property than money

So now, we have tenants sending rent money to Texas or in some cases overseas, no one to call in the event of an emergency, often no one local at all...

True, eventually, the bank or lender through inaction or neglect is subject to loosing the property in the legal system... but... what tenant wants to put the utilities for a 4 plex in their name or pay to repair a roof, etc...

Sometimes the "Owner" changes a couple times a month... what if the rent you paid went to the wrong entity...

It takes effort to get evicted and at least 4 to 6 weeks in my area... most owners I know want nothing to do with someone that's been evicted... actually, no one I know will rent to a single individual with an Unlawful Detainer on file...

[bentlebee]

Originally Posted by trishguard

WHat if you are bing evicted due to foreclosure against your landlord? What is your recourse then?

In Florida the tenants as well as the owner will be served with foreclosure papers and it takes months and in most cases more than 1 year before there will be foreclosed on the property, unless you get served with papers the day or day after moving in and you have a lease for no longer than 1 year, you have plenty of time to probably even stay till the lease expires and never will be evicted.

In my neighborhood many have been served, mostly tenants...some have left for over a year now and the homes are still empty and not foreclosed on...

I have never seen here any eviction because of a foreclosure on a tenant...only tenants that didn't pay or did something else wrong.