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there are other reasons for an eviction besides non-payment of rent or other fees. Violation of lease, habitual nuisance or bad behavior, damage to LL's property, etc......
...........Some leave before the eviction is even filed. Its a minority that have to be physically removed from the premises. ..........
But why would I want a tenant who violates the lease, behaves badly, is a habitual nuisance, and/or damages the landlord's property? I don't care about the reason for the eviction. People don't get evicted for being excellent tenants. Evictions are expensive and a nuisance to do, so why would I want any tenant who is awful enough that a landlord is willing to go to the expense and trouble to take the tenant to court to get them out?
If that tenant left before the eviction is even filed, then he hasn't been evicted, has he.
Eviction is a court procedure where the judge has to issue a court order for the tenant to leave. Tenants who leave when asked to leave do not end up with an eviction on their civil record. I don't want to accept a tenant that is going to refuse to leave until a judge orders him to vacate. It doesn't matter if the tenant vacates 15 minutes before the sheriff arrives; he wouldn't leave until there was a court order.
.......You CAN pay an eviction, because MONEY is why you most likely got evicted.........
If a tenant gets evicted there is very likely to be a monetary judgement against the tenant. The monetary judgement goes onto your credit report. That judgement can be paid (and should be paid). The judgement will remain on the tenant's credit report but once it has been paid, it will show as a zero balance owed. The judgement does not disappear.
The actual eviction is a civil matter and it will remain on the tenant's civil record forever. Court contact goes either onto your civil record or your criminal record that you have been in court before a judge. It is a court issued order, not something that can be paid off to have it removed.
If that tenant left before the eviction is even filed, then he hasn't been evicted, has he.
Eviction is a court procedure where the judge has to issue a court order for the tenant to leave. Tenants who leave when asked to leave do not end up with an eviction on their civil record. I don't want to accept a tenant that is going to refuse to leave until a judge orders him to vacate. It doesn't matter if the tenant vacates 15 minutes before the sheriff arrives; he wouldn't leave until there was a court order.
Just no thanks. I don't want that tenant.
Yes, it could still be an eviction, even where someone left before the paperwork was actually filed.
Remember, not all states have a lengthy process and that process is NOT the same in all states.
In some states, like I mentioned, from filing to approval by judge and served to tenant can be less than two weeks---some people know they will probably be evicted, move out and leave the place a mess, which then someone must clean up.
Not all LL check right before they file the papers--in SC its very fast from filing to approval. I saw one woman's place where she left literally in the middle of the night--left garbage, junk behind, a broken door, etc....she had not paid rent for 2 months and the LL simply filed eviction papers, had them approved soon after, and by the time it was posted on the door to be served, she was gone for days. Yet, it still will show up on record that she was evicted. By the way, the clean up and damage expenses were will in excess of the deposit. Its going to follow her around for quite a while.....and no, evictions do not stay on someone's credit report forever. Even civil judgements eventually disappear unless, with a few exceptions.
Last edited by Austin023; 08-27-2017 at 12:54 PM..
You're right. People do make mistakes. And I understand that. But I'm not required or obligated to overlook the mistakes they made in the past. Can I? Sure. I have yet to have a applicant say hey I screwed up. I was young stupid and thought I was right. I want to do the right thing. I would at least respect the person for telling the truth.
If a LL is a dirtbag and doesn't maintain and service the property and the tenants concerns that's wrong. The lease works both ways. If a tenant calls me and says the x broke I get a service guy out. I recently had a tenant call and said his fridge is breaking. It cools then gets warm. Fridge was old but worked fine for years. But to repair it would cost as much as getting another if not more. So it took me less than 1/2 hour to get one ordered and set up delivery. Cost of doing business.
I too would most likely not rent to someone with an eviction in their rental history, though I might consider one under certain circumstances...but I can certainly understand a LLs refusal to.
I have seen some horrendous messes left behind by old tenants (either evicted or had simply moved out)...one of the worst was a large apartment left full of garbage in kitchen, old strewn clothes all over the place, and-- used syringes everywhere, hundreds of them with no caps. A special crew was called in by the city to clean it up. The sink drains were mostly clogged with goo from whatever they had been pouring down them. Tenants had left suddenly without notice. It was not an eviction. The place had to be totally repainted, fumigated. It was actually a very nice apartment once it was cleaned. Yet, one more reason why I never really got into the LL business.
As for LL not fixing things---back in my mid-20s, roommate and I rented a place for 2 years near campus. The water heater broke down several times thru November, December..and this served 2 apartments, the other which was vacant. Then the heating also began to fail intermittently--mind you, a cold New England winter. After numerous calls to have LL fix it, we had to get a lawyer, send them a letter and withhold rent in escrow until LL fixed both. It was a miserable month, no hot water and heat that would often go out. I couldn't even hire my own repairman as the units were kept in a locked basement.
The "good" way is to put the rent in escrow until its fixed...I have seem some people who just simply withhold rent. That gets them into more trouble.
I too would most likely not rent to someone with an eviction in their rental history, though I might consider one under certain circumstances...but I can certainly understand a LLs refusal to.
I have seen some horrendous messes left behind by old tenants (either evicted or had simply moved out)...one of the worst was a large apartment left full of garbage in kitchen, old strewn clothes all over the place, and-- used syringes everywhere, hundreds of them with no caps. A special crew was called in by the city to clean it up. The sink drains were mostly clogged with goo from whatever they had been pouring down them. Tenants had left suddenly without notice. It was not an eviction. The place had to be totally repainted, fumigated. It was actually a very nice apartment once it was cleaned. Yet, one more reason why I never really got into the LL business.
As for LL not fixing things---back in my mid-20s, roommate and I rented a place for 2 years near campus. The water heater broke down several times thru November, December..and this served 2 apartments, the other which was vacant. Then the heating also began to fail intermittently--mind you, a cold New England winter. After numerous calls to have LL fix it, we had to get a lawyer, send them a letter and withhold rent in escrow until LL fixed both. It was a miserable month, no hot water and heat that would often go out. I couldn't even hire my own repairman as the units were kept in a locked basement.
The "good" way is to put the rent in escrow until its fixed...I have seem some people who just simply withhold rent. That gets them into more trouble.
It's not even a argument for me as I know my duties as a LL. I expect the tenant to know theirs. I recently had a tenant call me. Said the fridge is cooling then stops. I had a similar issue and I knew it was a compressor. The fridge was about 25 years old and while it looked fine it obviously had issues. Now this wasn't even my fridge as it was left n there by one of my first tenants. It was a apartment sized fridge so the size was a bit uncommon. Anyway when he called it took me about 15 minutes to make a decision. It wasn't really his fault it broke and it wasn't really my responsibility to repair it. Now this tenant has been with me four years always pays on time and I never had a issue with him. It took me 20 minutes to find and order a fridge inline and I got it delivered and installed for less than going into Sears to get it. $400 bucks a few minutes later I called my tenant and told him the delivery date. It took literally about 45 minutes out of my day. And that included getting a soft drink from the fridge.
I could of said not my problem but then I have the potential to lose a great tenant. Not gonna do that over $400 on something that's deductible and really in the grand scheme amounts to no trouble. And he's a great tenant. I have no reason to mistreat him. Not that I would
I had the "bad" type of tenants. Never paid on time akeays chasing them for money, issues and drama. Got tired of it so I uncomplicated my life by not accepting what could be trouble tenants.
Last edited by Electrician4you; 08-27-2017 at 02:11 PM..
It's not even a argument for me as I know my duties as a LL. I expect the tenant to know theirs. I recently had a tenant call me. Said the fridge is cooling then stops. I had a similar issue and I knew it was a compressor. The fridge was about 25 years old and while it looked fine it obviously had issues. Now this wasn't even my fridge as it was left n there by one of my first tenants. It was a apartment sized fridge so the size was a bit uncommon. Anyway when he called it took me about 15 minutes to make a decision. It wasn't really his fault it broke and it wasn't really my responsibility to repair it. Now this tenant has been with me four years always pays on time and I never had a issue with him. It took me 20 minutes to find and order a fridge inline and I got it delivered and installed for less than going into Sears to get it. $400 bucks a few minutes later I called my tenant and told him the delivery date. It took literally about 45 minutes out of my day. And that included getting a soft drink from the fridge.
I could of said not my problem but then I have the potential to lose a great tenant. Not gonna do that over $400 on something that's deductible and really in the grand scheme amounts to no trouble. And he's a great tenant. I have no reason to mistreat him. Not that I would
I had the "bad" type of tenants. Never paid on time akeays chasing them for money, issues and drama. Got tired of it so I uncomplicated my life by not accepting what could be trouble tenants.
That's a fridge, but what about the heating system? I certainly would call that the LLs responsibility, without question.
Though, with the fridge, I agree its better to appease a great tenant, especially long-time one. You did the good thing.
However, at least in the cold northern states, working heat is a must--in some hotter places, I am not sure. In Mass. state law would definitely be on the tenant side for non-working heat. (In Mass heat and hot water are typically included in the rent anyway).
One guy I know is a small LL, has a couple of apartment houses. He had to replace a whole boiler in in mid winter after it broke down for the last time. Thing was well over 80 years old, the "snowman" type, covered in asbestos. It was understandable why he put off full replacement for so long as it was a steep price, but after so long it became impossible to keep it running any more with small repairs...during 2013-14 we had a very cold winter, many days well under 0F degrees ! That was certainly a must for the LL. Just disposal fee alone was quite expensive for the old parts.
I can certainly see why someone might withhold rent if the LL hasn't tried to fix a broken heating system in a timely matter. In New England at least.
That's a fridge, but what about the heating system? I certainly would call that the LLs responsibility, without question.
Though, with the fridge, I agree its better to appease a great tenant, especially long-time one. You did the good thing.
However, at least in the cold northern states, working heat is a must--in some hotter places, I am not sure. In Mass. state law would definitely be on the tenant side for non-working heat. (In Mass heat and hot water are typically included in the rent anyway).
One guy I know is a small LL, has a couple of apartment houses. He had to replace a whole boiler in in mid winter after it broke down for the last time. Thing was well over 80 years old, the "snowman" type, covered in asbestos. It was understandable why he put off full replacement for so long as it was a steep price, but after so long it became impossible to keep it running any more with small repairs...during 2013-14 we had a very cold winter, many days well under 0F degrees ! That was certainly a must for the LL. Just disposal fee alone was quite expensive for the old parts.
I can certainly see why someone might withhold rent if the LL hasn't tried to fix a broken heating system in a timely matter. In New England at least.
What about the heating system? If it breaks I'll get a repair guy to fix it or replace it. I have money allocated to every rental unit for big ticket items. I'm not going to replace something because the tenant thinks I should. I'll do what is the better financial investment. If the replacement is the better way to go then I'll do that. I have to basically take care of anything that may go bad like heating furnaces, plumbing whatever so I project for those future repairs. And if the expense is just huge by large I can always get a loan. I haven't had to yet. I don't think you understand that I'm not a fly by the seat of my pants on the ragged financial edge ready to default anytime type of LL.
If the LL is a pos type where they have habitability issues then the tenant has every right to withhold rent if it's legally allowed and pertains to the issue. So withold rent if the heating system is not working and the LL is dragging his feet replacing/fixing it in -20* weather. Don't withold rent because the sink leaks and the plumber won't come for a day.
Its going to follow her around for quite a while.....and no, evictions do not stay on someone's credit report forever. Even civil judgements eventually disappear unless, with a few exceptions.
A civil filing leaves a footprint forever. Anyone can query the court records and find your name. When I have a prospective tenant, I always go on-line to the court database.
No evictions means "no evictions", open or closed, paid or unpaid.
Corporate owners aren't going to rent to you with an eviction; you're going to have to seek out private land(slum)lords who don't give a hoot about credit and prior renting history.
good luck.
How does one locate (other than scouring craigslist) these people? Is there some "in the know" way to locate the slumlords? If I move I will likely need one and am not willing to do the hit or miss thing. I want to find someone who will rent to me and GF based on my qualifications alone (she has no evictions or criminal but no point in applying if her credit matters). I have never been denied housing before in my life and my credit is amazing compared to what it used to be (now its just very high utilization). I dont plan to start getting denied. I aim low. Where is low and how do I find it?
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