No, not me. But a friend of ours is in a real jam and I have no solid solutions. Perhaps one of you do. Here's the story:
Back in November, these friends of ours decided to rent their house to a family of three as they were moving out of state but could not sell their house quickly enough. So, they decided to rent it out. Unfortunately, the people they rented to have proved to be less than reliable and have not paid her rent since February. All efforts to try to get them evicted have been fruitless. She has tried to get hold of a lawyer but all the lawyers she has spoken with have either told her that they were not interested or could not get involved as the guy renting the house works for a bank they have ties to. I am at a loss as to what to advise her to do. Any suggestions?
A Real Estate Legal pickle
-
Sir_Galahad
- Posts: 1516
- Joined: Mon Oct 08, 2007 7:47 pm
- Location: In The Heartland
A Real Estate Legal pickle
"All that is necessary for the triumph of evil is that good men do nothing" - Edmund Burke
Perhaps the Hokey Pokey IS what it's all about...
Perhaps the Hokey Pokey IS what it's all about...
-
Here's Fanny!
- Peekaboo!
- Posts: 1299
- Joined: Fri Jun 27, 2008 7:49 am
Re: A Real Estate Legal pickle
Judge Judy doesn't like it when people break their lease.
Last edited by Here's Fanny! on Sat Jul 19, 2008 4:59 pm, edited 1 time in total.
Spoiler
I'm darned good and ready.
-
Im_Ace
- Posts: 247
- Joined: Mon Oct 08, 2007 2:33 pm
Depends what state your friend's house is located. In GA, it's really easy to regain possession. In some counties, however, it takes a bit longer.
I can't speak for each state, but here, disspossesorys are handled in either Magistrate Court or State Court. Not much difference if the property is owned by an individual.
Just go to the proper court, file a dispo. If the tenant files an answer within 7 days, a court date is set. If there's no legal reason why rent hasn't been paid, the judge will give a money judgement to the landlord and require the tenant to move in 7 days. If there is a legal reason, the judge will hear the case, and most likely rule in favor of the landlord, thus give money judgement to landlord and give tenant 7 days to move. "I didn't pay the rent because I don't have the money" is not a legal reason.
If the tenant doesn't file an answer, or doesn't show up at court, the judge will give the landlord an immediate writ of possession. With that writ, the landlord can then go to the Marshal's office (or Sheriff's office) which instructs the Marshal/Sheriff to perform the eviction.
It takes some time, but it's an easy process...... in GA.
In some counties, I can have a tenant removed within the same month they don't pay rent. In others it takes longer.... maybe up to 3 months, but only because the Marshals are so backlogged.
I have heard that New York and California are not so "landlord friendly".
If you need any further help, send me an email.
Best of luck to your friend.
(People actually live in Iowa??????)
I can't speak for each state, but here, disspossesorys are handled in either Magistrate Court or State Court. Not much difference if the property is owned by an individual.
Just go to the proper court, file a dispo. If the tenant files an answer within 7 days, a court date is set. If there's no legal reason why rent hasn't been paid, the judge will give a money judgement to the landlord and require the tenant to move in 7 days. If there is a legal reason, the judge will hear the case, and most likely rule in favor of the landlord, thus give money judgement to landlord and give tenant 7 days to move. "I didn't pay the rent because I don't have the money" is not a legal reason.
If the tenant doesn't file an answer, or doesn't show up at court, the judge will give the landlord an immediate writ of possession. With that writ, the landlord can then go to the Marshal's office (or Sheriff's office) which instructs the Marshal/Sheriff to perform the eviction.
It takes some time, but it's an easy process...... in GA.
In some counties, I can have a tenant removed within the same month they don't pay rent. In others it takes longer.... maybe up to 3 months, but only because the Marshals are so backlogged.
I have heard that New York and California are not so "landlord friendly".
If you need any further help, send me an email.
Best of luck to your friend.
(People actually live in Iowa??????)
:::: taping my watch ::::
-
65.ErmineN8rH8r.500
- Merry Man
- Posts: 24
- Joined: Fri Jul 18, 2008 7:22 pm
-
themanintheseersuckersuit
- Posts: 7634
- Joined: Mon Oct 08, 2007 6:37 pm
- Location: South Carolina
What's the venue?
Suitguy is not bitter.
feels he represents the many educated and rational onlookers who believe that the hysterical denouncement of lay scepticism is both unwarranted and counter-productive
The problem, then, is that such calls do not address an opposition audience so much as they signal virtue. They talk past those who need convincing. They ignore actual facts and counterargument. And they are irreparably smug.
feels he represents the many educated and rational onlookers who believe that the hysterical denouncement of lay scepticism is both unwarranted and counter-productive
The problem, then, is that such calls do not address an opposition audience so much as they signal virtue. They talk past those who need convincing. They ignore actual facts and counterargument. And they are irreparably smug.
-
Sir_Galahad
- Posts: 1516
- Joined: Mon Oct 08, 2007 7:47 pm
- Location: In The Heartland