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I think you misunderstand what eviction means. Evicting someone does not collect any rent. The owner is still out the rent amount. They then have to sue the tenant to get a judgment and attempt to collect. One does not automatically imply the other. It is entirely possible to evict without ever collecting a dime.
I think you misunderstand what eviction means. Evicting someone does not collect any rent. The owner is still out the rent amount. They then have to sue the tenant to get a judgment and attempt to collect. One does not automatically imply the other. It is entirely possible to evict without ever collecting a dime.
My mistake, I thought the judgment covered rent due, eviction costs etc. Granted, the loser tenant may not pay the judgment.
Yes well deadbeat tenants who are being sued for eviction have a way of developing "charming" personalities. I'm
What do you mean "she will collect the full rent from him through eviction?" The tenant is still here and apparently not paying rent, and your son and DIL moved in against the terms of the lease. Pot, meet kettle; kettle, pot. If they like the place and can afford it don't rock the boat I say. Two additional adults add to general wear and tear as well as water/sewer/utilities so call it a rent increase in exchange for not tossing them out on the street.
1. They had no idea he was not supposed to rent the room to them.
2. They have no problem paying, and are paying, each and every week, directly to the landlord.
3. I was just wondering if when all is said and done they will end up being ejected by the sheriff too. The sheriff says that when they come to kick out loser tenant, EVERYBODY in the property goes. They clear the townhouse. But I imagine if the landlord is standing there in the yard and signs a lease with my son for that day forward, it will all be good.
4. Just as a curiosity, I wondered if a LL is legally allowed to make a dual lease while the first tenant's lease is still in effect, whether he is paying or not.
5. In our county, on the 10th day following court, (barring an appeal) the sheriff arrives and puts the stuff on the street.
My mistake, I thought the judgment covered rent due, eviction costs etc. Granted, the loser tenant may not pay the judgment.
There are a lot of people here who have evicted dead beat tenants, and I don't think any of them have got paid.
They may get to keep the security deposit, but with the amount of time it takes to legally evict someone, that is a fraction of what the landlord is generally out.
It sounds like this has the potential to be a win/ win for the landlord (who will be out much less than she would have been), and for your son and his wife who won't have to move again and can afford the rent easily.
I hope it all works out so this potentially difficult situation has a good end.
My mistake, I thought the judgment covered rent due, eviction costs etc. Granted, the loser tenant may not pay the judgment.
In a judgment, yes that is true. But a judgment is not granted at the eviction hearing. An eviction is ONLY to get a court to order them to vacate. That gives the LL the right to hire the sheriff if necessary to move them out. It has nothing to do with collecting any money. That requires a 2nd court date.
Quote:
Originally Posted by SouthernSarah
5. In our county, on the 10th day following court, (barring an appeal) the sheriff arrives and puts the stuff on the street.
I would be very surprised if they literally "put the stuff on the street". In most cases, they put stuff in storage, and if the tenant wants their stuff, they have to pay everything they owe, in full, including court and legal costs. Otherwise after a certain time frame, the stuff is sold and the proceeds are applied to the debt/expenses.
As for whether or not the sheriff will let one tenant stay while moving another tenant out, I actually would doubt it. I think they really do move everything into storage. So your person may have to rent a truck for a day, move everything into the truck, let the sheriff do his thing, and then move back in.
In a judgment, yes that is true. But a judgment is not granted at the eviction hearing. An eviction is ONLY to get a court to order them to vacate. That gives the LL the right to hire the sheriff if necessary to move them out. It has nothing to do with collecting any money. That requires a 2nd court date.
That is different where I am. Normally you get the writ and the judgment at the same time. The only exception and when there is a second court date is if the tenant tries to fight it or you are evicting for some reason other than non-payment in which case there can be a hearing regarding an order to pay rent in escrow to the court.
I would be very surprised if they literally "put the stuff on the street". In most cases, they put stuff in storage, and if the tenant wants their stuff, they have to pay everything they owe, in full, including court and legal costs. Otherwise after a certain time frame, the stuff is sold and the proceeds are applied to the debt/expenses.
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Oh no, I am very sure that they put it in the street. I am a journalist by trade and I have covered many evictions in which single moms, disabled vets etc were evicted. In this county, Sumner County, TN, several sheriff deputies arrive and move everything from the house to the street at the edge of the property whether it is raining or sunny. It is then left there for the evicted tenant to either cart away or the neighbors to cruise through and take what they want. It ALL ends up in the street.
I have been there and watched disabled veterans sit in wheelchairs and cry while their bed, dresser etc are tossed into the street. I have written about single moms with two or three children clutching their children as the toys are tossed into the street and the children are screaming about it.
The thing is, these people KNEW the sheriff would come in ten days. The judge tells them that in court. Why didn't they at least get their stuff out on the ninth day??
Different states and local communities have difrerent laws on what is done with possessions during an eviction. What they do in maine may not be what they do in California and may not be the same as what is done in kansas. Both the LL and tenant needs to be familiar with local laws.
Just like what Frugal yankee said, our laws require the eviction service (sheriff, constable or private service) to remove and store the items for 30 days. After 30 days, they auction off the property and deduct their fees & expenses from the sale amount. They give the LL whatever is owed in their judgement and return to the tenant anything left over (if anything).
When the person doing the eviction shows up, they are required at the end of the removal to hand over a empty unit to the LL. They do not pick and choose what goes and stays because the eviction order is for all possessions in the unit to be removed.
Wow it sounds like things are pretty rough for deadbeat tenants in TN. Not like where I am! And in contrast to what PacificFlights said, the sheriff here is not responsible for the belongings in the unit. All the Sheriff does is get rid of any people and witness the changing of the locks and possibly view the unit to get an idea of its condition. The LL is responsible for removal and storage of the belongings for 60 (!) days after which it can be disposed of.
Wow it sounds like things are pretty rough for deadbeat tenants in TN. Not like where I am! And in contrast to what PacificFlights said, the sheriff here is not responsible for the belongings in the unit. All the Sheriff does is get rid of any people and witness the changing of the locks and possibly view the unit to get an idea of its condition. The LL is responsible for removal and storage of the belongings for 60 (!) days after which it can be disposed of.
The Sheriff does not remove the belongins, they are there to serve the papers and protect the process. The Constable is the same but they also handle removal. The Constable rates are set by court rules. But if using only the Sheriff, the LL has to arrange for a bonded storage or eviction service to remove the items. As you said the main point is that not all places just throw stuff on the street, so people need to know the process and not assume its allt he same.
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