My First Infuriating Experience as a Landlord

[Wade Garrett]

I have a family in my building that has been bad with paying rent and past due bills. I have filed for eviction on them in the past, and most recently for February. I also non-renewed their lease, which ends March 31. 

Today is March 23. I just got a call from them saying that they are using the security deposit as March rent, and will not be out until April 15. It is my largest and most expensive unit.

Obviously this puts me in a bad situation for a few reasons.... potential damages not covered by the deposit (plus rent), two weeks of a non-paying squatter, and a mid-month vacancy which will make it impossible to fill for April. 

The February eviction actually defaulted in my favor, and I held back on filing with the sheriff because I didn't want to have them removed. I thought they would be out on time. So I filed with the sheriff in early March. I am awaiting the paperwork to go through which gives the sheriff my information and the right to remove them. After that, they have 3 days. 

I explained this to the tenant and he said if I want to go to court then we can go to court. 

Let this be a lesson to everyone else, don't cut corners or try to be nice outside of the written rules. I made a huge mistake. Put everything in your favor just in case a tenant tries to pull an unforeseen stunt. 

I am hoping the paperwork comes through anytime before the 15th, because now nothing will stop me from removing them physically if it is within my right. 

[Deanna McCormick]

Moral of the story is you should have followed thru. You had the right plan and your soft heart took over, and now your throwing  a Hail Mary hoping the sheriff will still be able to serve the papers in time.

Your explaining the situation to the tenant again is pointless, He went to court he knows what to expect, but he thinks he still has you wrapped around his pinky,,,

No more explanations that's what the sheriff is for.. you get the sheriff to serve, you get a new lock, you meet sheriff and watch them leave and then change the lock.. have a drill ready in case they changed the locks so you can get the door open. 

The security deposit is a mute point ,,, the back rent, the court fees, the damages, it will help offset some of the costs but not all .. photos of unit condition at move out.. send sec dep statement out within the time frame required and if you don't get your money you can go to small claims court where you'll get a judgement but collecting is a hassle.

You've almost got possession,, don't give up.. and Don't physically force them out yourself, or do anything else stupid, that's what the sheriff is for. 

good Luck