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Updated over 8 years ago,

User Stats

43
Posts
22
Votes
Harrison Harner
  • Rental Property Investor
  • Danbury, CT
22
Votes |
43
Posts

My First Eviction

Harrison Harner
  • Rental Property Investor
  • Danbury, CT
Posted

I just finished up my first eviction and thought I would share my experience. This took place in Connecticut.

Background: I bought this property about 1.5 years ago and inherited the tenants. A boyfriend, girlfriend, and their dog. During walkthroughs, it looked like they kept the place clean. Rent was paid on time, for a while…

March: Apparently the couple broke up. He moved up the road with a friend. She came to me and asked for a rent decrease. I explained that a decrease would not be possible, but that she’s welcome to find a new roommate who passes screening. I sent her the tenant application to hand out. She confirmed that she got it and was looking for a roommate, but I never got any applications back.

April 1st: I didn’t receive the rent.

April 8th: I tried knocking on the door. She didn’t answer. I sent a text. She didn’t answer. No sense in getting in trouble for harassment, so I left it alone.

April 10th: Rent will be officially late in CT on the 11th. I was going to travel overseas for the week for my day job, so I sent a “frim, but fair” email, to both tenants on the lease, giving 3 options: 1 more week to pay, leave in exchange for $500, or face eviction. No response.

April 18th: 3 Day Notice to Quit served on her, him, John Doe, and Jane Doe. I get a text from her; “can we talk?” She told her sob story about being screwed over and losing her job, but also divulged that she paid him $1600 to keep the dog and she turned down his offer to pay the rent for April. I suggested she find a friend or family member to live with until she gets back on her feet and she assured me that she was looking for an option.

April 22nd: Summons and Complaint served and filed with courthouse. May 2nd return date set. Tenants have 2 days after the return date to submit their Appearance and Response.

May 4th: No Appearances or Responses filed. In order to submit a Motion for Default judgement, I need to prove they’re not in the military. Normally this is easily verified with a social security number and date of birth. Since I inherited the tenants, I did not have the foresight to get that information. I asked a State Marshal to observe them and provide an Affidavit Concerning Military Service.

May 6th: The Marshal has been unable to observe them. I work on getting statements from Indifferent Persons.

May 9th: I submit a Motion for Default Judgement and attached the Affidavits.

May 19th: She files an Appearance and Response agreeing with all points of my complaint. A court date is set for June 6th.

May 23rd: The original Motion for Default Judgement is denied. I made the mistake of including a statement from myself on the primary form. Apparently this is enough to cause denial, even though statements from Indifferent Persons were included.

June 6th: The docket roll is called. She has not shown up. I’m the only landlord there without an attorney. For the next 6 hours, as each case is called into mediation, I’m not sure whether to wait in the courtroom or hallway. Around 2pm, all cases have been called but mine. Somehow the notice that my tenant hadn’t shown up didn’t make its way from the Clerk to the Judge. Luckily I was sitting in the courtroom when the Judge was checking completion of the docket. The Judge quickly reviewed the case and did all the talking. I replied “yes your honor” three times and was granted a default judgement against her. I submitted my Execution for Possession and withdrew the case against him, John Doe, and Jane Doe.

June 14th: The Execution is signed by the Clerk and the Marshal serves it.

June 15th: She left a note that she’s going to get a moving truck. The Marshal gives her until 9 PM to be out. She’s not out. The Marshal gives her until 6 AM to be out.

June 16th: She’s not out. The Marshal gives her until noon to be out. She’s not out. The Marshal gives her until 4 PM to be out. The Marshal deems all remaining contents abandoned. We change the locks.

I have quite a mess to clean. So far I’ve filled about 15 garbage bags with food, clothes, and toiletries. The dumpster will be here today for the furniture and a garage full of car parts. Luckily there’s not too much real damage. I'm looking forward to screening for new tenants. It’ll be a miracle if I can get it turned around for July.

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