We served eviction notice on a friend today...your thoughts

a reply to: tinner07

can you secretly audio tape him talking about this plot to damage the house and collect insurance...I don't live in your state ......follow local laws...I agree have the sheriff evict him

a reply to: WilliamtheResolute

If you find yourself "stuck" with this guy and no other way out you can try the "Defcon 3" plan. You call the authorities and tell them you believe he has a gun and is threatening to burn the house and commit suicide because you asked him to move....when they take him for observation you change the locks and put his stuff on the curb. I am not advocating this but we always joked that it was the final option when dealing with the unhinged or criminal squatter.

I don't think it will come to that but if it does thats good advice. but it might.

a reply to: drewlander

thanks for your input...I am new at this and friend,,,

a reply to: tinner07

You need to check the local laws on this one. If a tenant has stayed in a single location for a number of years it can be extremely difficult to legally evict said tenant. I advise hiring an attorney ASAP, make sure everything is documented in a timely manner...or I think you will be surprised at the final outcome.

you don`t need a lawyer to evict someone you can do it yourself it isn`t that complicated or expensive but it does take a bit of time,it could take 4 - 5 months or longer depending on how busy the court in your area is,and if he contests the eviction.

since it`s a month to month lease you only need to give him 30 days notice in writing,certified mail make him sign for it so you have proof that he received the notice.

The important thing to remember is that you can`t accept any rent from the time he receives the 30 day notice until the time he is finally gone, no matter how long that takes.

The court clerk is who you go to file all the paperwork necessary for the eviction process.

Depends on your local laws.. if you cant find specifics, its always best to retain an attorney. We used to be landlords of a city block of 2 and 4 family flats in South St Louis back in the 90's. I dont care if they are friends or family.. do what is in YOUR and your wifes best interests. He can NOT claim any sort of insurance claim or payment on the house unless he is the one paying and has the policy in his name. I hope to God he doesnt.. thats muuuuddy waters.

It also good to note.. tenants with broken arms can rarely damage things out of spite. LOL!

a reply to: kelbtalfenek

I advise hiring an attorney ASAP,

I do not think it is needed as of yet. I thought that might be an easier way to go but ...

a reply to: Advantage

Thanks for replies.. It is pretty simple court ordered procedure until it involves a friend. and I am not good at brwaking arms so I have my 30/30 loaded

It also good to note.. tenants with broken arms can rarely damage things out of spite. LOL!

a reply to: Advantage

Thank you. It is mine and my wifes best interest to sell this house. The insurance claim has been put to rest but was the last straw in selling the house.

You are right...Mine and my wifes best interest... no longer subsidizing this guys home.

a reply to: research100

can you secretly audio tape him talking about this plot to damage the house and collect insurance...I don't live in your state ......follow local laws...I agree have the sheriff evict him

no i cant do that because it was said a week ago. we are evicting him though. but thanks for your input. It was heard. We will not claim wind damage on the house.

a reply to: tinner07

You said it...He can destroy the home...that does seem like a real possibility with his attitude about it. Even if marshalls escort him out and you padlock the darn place...he seems the type who would come back and burn it to the ground.

Scary thought I know...but it doesnt seem too far fetched if he's like you describe. One suggestion? And it may not be the best one...but you could SELL the house and then the new owners/realty company would get him out.

Its just a thought...but I wish you well!

Best

MS

a reply to: tinner07

Sell the house, move somewhere else without telling him. Make sure the locks on the new house have new keys.

Move to smaller house where you do not need the rent.

a reply to: tinner07

You would have to check with your agent on that. Insurance companies can be very tricky and sneaky.
Im almost certain you would have to disclose the property to the agent as a rental property.
I rent a house with a roommate, and just got a new renters insurance policy. Our previous policy covered us for $50,000, but in the event our house was burglarized, our polcy only covered $1,500!!!
He and I both have hobbies of collecting, and our collections are worth way more than 1500! Our neighborhood is also not a very good one.
We had the new agent come out, inventory our collections and other property, and are guaranteed the assessed value of our possessions in the (unfortunate) event of filing a claim. Yeah, it costs us an extra $50 a month, but ill pay the money for the piece of mind.
Im sure your insurance provider has various options, like covering the home/property, or the home plus the renters possession, and also damage by a renter. If they dont, you can look into an aftermarket 'home warranty'. Theyre becoming quite popular nowadays.
I also think it's extremely arrogant for him to think by damaging YOUR property, that he would profit from it in anyway. Id cut ties with this person, and FAST!!!

a reply to: research100

In 48 states its illegal to record a phone call without saying at the beginning of the call, "this call may be recorded..." like every help desk youve ever called. Being recorded illegally, it would be inadmissible in court.
I know that there is stipulations, such as confessions of crimes, but it varies state to state. Either way its A FINE line.

A few things...

First get in to that apartment as soon as possible and take pictures of the current condition


Second . If possible engage him via text or email so you have time stamped transcriptions of all communication.

Third. If possible ask him through those means what day he planned on leaving,offer to help him move..all you are really looking for is his stating he plans on leaving and when...

If this goes to court all of the above is admissable evidence..

Good luck!

Respectfully,
~meathead

a reply to: Mike Stivic

come back with updates as we follow your story....

a reply to: research100

This is not my story, so I won't be able to keep you updated....

I too am curious as to how this has played out.

Respectfully,
~meathead

a reply to: tinner07

I'll explain what you do.....

You don't get agressive at first. Here's what you do. You take him out for dinner or drinks. Make your case seem really bad. That you're totally strapped and althought you don't want to, you're simply forced to have him move. Or make up some believeable sob story.

Then you say, to him. So we feel bad for you so we'll help you move, so tomorrow or whever, we'll go rent a uhaul and pay for the cost of it for you. And we'll help you load it up okay.

So see what he does. If he says "no way" then you have to go thrugh the courts eviction process, bailifee etc etc. Most likely. Or get pay a mutual friend to try and use the "we pay for the uhaul rental" tactic and help you move out. Strategy on him.

That's the best way to do it. Getting agressive right off the hop is a bad strategy. You want to him to be a willing party in this. So you want to almost trick him out of getting out.

That's how they do it in the rental world sometimes.