Evicting Tenant - Have court date for this Monday (illegal, rich, pay)

[lvoc]

I am skeptical the cops had any basis to get involved. Once it become clear the Constable had done the deed I don't think the cops had any right to make you put it back. I doubt the Constable had any right to put it back either once it was done.

Should have simply told the tenant she was too late and would have to go get a court order to make you turn it back. Which she would never have been able to get.

[ddrhazy]

My oh my. A judge in district court is not following the court's own policy. It's possible that the clerk allowed the motion to stay to go through with the intention of having the judge consider it on Monday. Hopefully the judge follows the courts own policy and quashes the motion to stay and aardogfsu can get another lockout on Tuesday.

LVOC - You may be right about that one. Very difficult to say and I don't blame aardogfsu for following the direction of the police.

[lvoc]

Originally Posted by ddrhazy

My oh my. A judge in district court is not following the court's own policy. It's possible that the clerk allowed the motion to stay to go through with the intention of having the judge consider it on Monday. Hopefully the judge follows the courts own policy and quashes the motion to stay and aardogfsu can get another lockout on Tuesday.

LVOC - You may be right about that one. Very difficult to say and I don't blame aardogfsu for following the direction of the police.

Ohh I would too...but only after making a scene and forcing the cops to produce a supervisor. Patrol Officers are often opinionated but not knowledgeable. They just want a quick resolution. Get a supervisor and he or she will often escalate it up the chain to see what they really should do. I doubt any of them have ever hit that one before.

[ddrhazy]

I wonder if that policy document is furnished to the justice county clerks. If it is, they are not doing the proper research before submitting motions to the judge.

[beachhead]

Wow...what a mess! It really drives home that old saying about no good deed going unpunished. I know your tenant will never say this, but as a human being, "thank you" for trying to give mankind the benefit of the doubt with your original intention. I'm sure there are lots of honest people out there who hit bad times, and just need a break. Too bad the types you are dealing with are making it harder and harder for them to get that break.

Hang tough....karma will catch up to the scumbags someday!

[ScoopLV]

Originally Posted by aardogfsu

I will take this back to court on principal.

Under no circumstances should you take anyone to court on principal. That isn't the purpose of civil court. Even if you win a judgement, they won't pay. And now you're out even more money that you don't have in the first place.

Stop making decisions with your gut and make rental decisions only with your ledger. Point blank: If you feel some kind of burning need to "teach these people a lesson" then you are not cut out to be a landlord. I buy property from such people after they have been burned enough times that they don't want to be landlords anymore.

It's a small business. Treat it like a small business.

[Packrat1]

I am assuming/hoping that you have landlord insurance. If so you may be using it. You very well may have an actionable claim against the City.

On the other hand, you would never see any money from the tenant unless she won the lottery.. What you would have is have a court record of an Eviction and small claims judgement that would pop up if she tries to rent another place. That would be assuming the landlord spends the money for a background check. It is tougher though with women as they can use former married and maiden names that don't have evictions on them.

If Nevada is like other states, the tenant can get a stay (non Bankruptcy) up until the locks are actually changed. In fact I have seen them get a stay during the middle of an Eviction. If they try to pull the Bankruptcy stay be sure to let them know a tenant/renter cannot get a Bankruptcy stay after an Eviction order has been granted. Rental tenants get confused with homeowners who can get stays after an Eviction order has been granted against them.

Additionally try to make friends with the owners of the condo just adjacent to yours and have them be your eyes and ears. Likely they want these people gone as much as you do. Give them your phone number and tell them to call you if they see anything unusal like for example your appliances going out the door in the middle of the night.

Also when you do the eviction be sure to have a can of Off as you may run into fleas and bedbugs. Spray your shoes and pant legs when you are done and then launder everything when you get home.

I suspect you may need to postpone your trip.

Additionally, if the tenant has no where to go often they break back in at night and sleep there anyway. Be prepared for this. You may or may not get relief from the Police. Line level Officers may say "It's a Civil Problem contact the Court". I would recommend you use LVOC's recommendation and then ask for a Supervisor of the Officer to respond to the scene. This will require you to actually be there.

[aardogfsu]

Originally Posted by Packrat1

I am assuming/hoping that you have landlord insurance. If so you may be using it. You very well may have an actionable claim against the City.

On the other hand, you would never see any money from the tenant unless she won the lottery.. What you would have is have a court record of an Eviction and small claims judgement that would pop up if she tries to rent another place. That would be assuming the landlord spends the money for a background check. It is tougher though with women as they can use former married and maiden names that don't have evictions on them.

If Nevada is like other states, the tenant can get a stay (non Bankruptcy) up until the locks are actually changed. In fact I have seen them get a stay during the middle of an Eviction. If they try to pull the Bankruptcy stay be sure to let them know a tenant/renter cannot get a Bankruptcy stay after an Eviction order has been granted. Rental tenants get confused with homeowners who can get stays after an Eviction order has been granted against them.

Additionally try to make friends with the owners of the condo just adjacent to yours and have them be your eyes and ears. Likely they want these people gone as much as you do. Give them your phone number and tell them to call you if they see anything unusal like for example your appliances going out the door in the middle of the night.

Also when you do the eviction be sure to have a can of Off as you may run into fleas and bedbugs. Spray your shoes and pant legs when you are done and then launder everything when you get home.

I suspect you may need to postpone your trip.

Additionally, if the tenant has no where to go often they break back in at night and sleep there anyway. Be prepared for this. You may or may not get relief from the Police. Line level Officers may say "It's a Civil Problem contact the Court". I would recommend you use LVOC's recommendation and then ask for a Supervisor of the Officer to respond to the scene. This will require you to actually be there.

I don't want money. If after the lock out was set and done and the constable signed it complete and we were throwing things out and the police (who I called by the way when she was trying to kick in the door) say she can come back due to an oversight of a stay order and out of rage she destroys the unit, I want her in jail.

[aardogfsu]

Originally Posted by lvoc

I am skeptical the cops had any basis to get involved. Once it become clear the Constable had done the deed I don't think the cops had any right to make you put it back. I doubt the Constable had any right to put it back either once it was done.

Should have simply told the tenant she was too late and would have to go get a court order to make you turn it back. Which she would never have been able to get.

I called 911 when she pulled the lock out sticker off and was literally trying to kick down the door.

[Packrat1]

Well don't get too set on her going to jail. Unless they have an eye witness of her doing the damage she's not going to jail.

Just the mere fact she is the tenant isn't enough to charge her with theft and/or vandalism. Must identify her as the one who actually did the damage or catch her in the act. She might be listed in a case report as a suspect but that would be as far as it goes.

She already has committed a crime, vandalism to your door and she didn't get charged with that.