I had court this morning to evict a gal out of one of my 2 bedroom apts. She wasn't there but five months. Sometime I should go back and count the number of times I have been in court over the years. Not all end up with a Sheriff supervising me as I throw their belongings to the curb,(that is another entire story in itself) but the times that it did have to happen, I will never forget.
I hate court. I mean, the closer and closer it gets to actually stepping foot into the courthouse, my stomach is queasy and depending on the case, my hands shake. No reason really why I should feel anxious. As long as I do the paper work properly, it is a pretty simple event.
This would be a good time to lay out what all needs to be done properly.
One can not BELIEVE what is all involved in getting back an apt that you have not received payment for. An apt where you have provided a safe environment, water, in most cases heat and electricity. An apt that you have to pay the insurance, property taxes, utilities, humongous mortgage, repairs and snow removal in the winter, lawn care in the summer. Nine times out of ten, they are already 2-3 weeks if not a month behind in their rents. So, first thing is to get them to sign a "3 day notice of unpaid rent"
This is basically a form that states, the tenant has 3 days (actually it's not 3 days. It is 5. I found that out the hard way in front of a judge once. Even though the law is 3 days, one has to figure 5. Go figure) to pay you the rent owed in full. If not, I can file what is called an FE&D -forcible entry and detainer. Now if that tenant refuses to sign the 3day or I cant
find them to sign it, I have to make three attempts to locate them. After that, I can post the notice on the door. I must send one copy to their address by regular mail, one by certified mail. (Which costs me over $3) If they did not sign, I have to wait TEN days before I can file the FE&D. During any of those three days, I am required by law to accept a full payment. By the way, that rarely happens. Sometimes though,just giving them a 3 day is enough to scare them to get their rent paid.
OK, where was I?
Oh yeah. After ten days, I go to the courthouse, pay $85 to have papers for a court date to be served to said tenant. I can either have the sheriff's dept do that or as I prefer, a processing server (costs me less and unlike the busy sheriff, serving papers is all they do) NOW if the tenant is not there to accept the papers and sign for them the same procedure as the 3 day has to be taken. Make three attempts, post on door after the third attempt, mail a copy to the address by regular mail and certified. Than in TEN days, a court date can be set.
Now to be prepared for the actual court appearance before the judge, I need 3 copies of the 3 day notice (have to have one for the tenant in case they haven't seen it yet!) a copy for the judge and of course one for me. I also need an affidavit signed by a notary that I truthfully posted the 3 day and sent out two copies via US mail.
Pretty simple so far. And cost up to now is $3 postage for the 3 day, 85 to file, another 45 to have it served. So, let's say I have done everything correct. That doesn't mean the tenant will necessarily move out. The courts give them 3 days to move. And upon that 3rd day, if they are not out, I need to file once again and this time for a writ to evict. That costs $50 and I wait until I get a call from the Sheriff's dept. They set up a time to meet me at the apt. Basically they have to be present to make sure I remove everything from the premises, place them on the curb. Note I said 'place'. I get in trouble if I throw or damage any of the property in any way shape or form. And I cannot hold back any items for myself. They also confiscate any weapons or dangerous material that would be a hazard to anyone digging through the rubble. (Let's see, like the gun under the mattress, the drug paraphernalia up in the ceiling, the huge knife in the crawl space or the stack of porn under the bed.)
The Sheriff insists this should all take less than 30 min. I am expected to have plenty of help to carry out all items, large furniture etc within that time frame. All the 'junk' has to stay on the curb for 24 hours to give the tenant the chance to recoup their property. After 24 hours (which in the mean time, every Tom, Dick and Harry has gone through and strewn everything all over the boulevard and the street) the health dept issues you a notice that 'all debris has to be removed within 24 hour.
It
is unbelievable. Not only does the tenant get to live free for a month or more, I basically pack up their belongings for them, haul them out and in 24 hours have to load them all up again and take them away. (insert dump fee here) There have been times when the tenant was waiting right outside the door to take the stuff WE had to provide boxes for and pack up. They loaded it in their truck and drove off. Once that is all said and done, it takes about a month to clean up the place, do repairs and find another tenant.
And that is another long story.
