Tenant from hell eviction case. Now I have officially seen it all

[Keith Jourdan]

Bought a SFH at the end of last year. Off market deal, had a tenant who owner said , "has not paid rent in 6 months, and i dont want to deal with the eviction process."

I got the house for an awesome deal. One of my best deals of the year.

I have bought several homes in these situations, with non paying tenants. Most times I can contact the tenant and work out a "cash for keys" situation and everybody wins.

After closing I call the tenant. He says he does not want to do cash for keys and he wants to stay in the home. He says he will pay the market rate rent we agree to every month on the 1st, he will deposit first months payment tomorrow.

wow!  this is great news. I now avoid the $20k+ remodel this house needs to get it ready for sale/rent.

He pays rent the next day. then he pays the next months rent on the 1st, no problems. 

3rd month comes along and he does not pay, gives excuse after excuse making promises he cant keep on when he is making payment. I finally have to cut my loses and send the Pay or Quit notice. 

He does not pay or move out in the 7 day period. Off to court we go....

He does not show up to court. Great! Judge enters a default judgement and they give him 10 days to vacate or the Sheriff will get involved. 

He does not move in the 10 days. 

This is where it gets really weird, really fast.

I get a notice in mail granting the tenant a new court date. what?? how can this be?? Ive never seen this before..     I call the court and the clerk tells me the tenant came in with his court notice they mailed him, and sure enough it did not have the court address on it, the printer skipped it......she assured me she has never seen this before and it is rather odd. But since the tenant was not given an address to know where the court was located they gave him a new date.

I figured the tenant was playing games, so I hired an attorney to go to the new court date with me.

New Court Date: Tenant shows up this time. And has quite the story to share with the court....

He claims that he is the sole owner of the home and that I am a scam artist trying to kick him out of his own house that he has owned for 5 years.  Amazing right?!

At the hearing I had my closing package that included a copy of the recorded deed and proof of title insurance. Tenant said he did not bring his proof, but he has it.

Judge adjourned the case, said he did not have time to look at my proof and wanted the tenant to have a chance to prove his ownership. Unbelievable.

Now we have another court date.

My lawyer is concerned that the tenant will show with fake documentation and the judge will hold this over for trial where each side has time and the opportunity to call witnesses etc.

I will obviously win in the end , but this tenant is willing to do whatever he can to live for free.

[Matthew Paul]

Well since he paid you rent for the first couple months  ..................  That will kinda blow that defense