Lessons learned from the eviction that didn't happen

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Lessons learned from the eviction that didn't happen

Vern M.
Property Manager · Bowie, MD · Member since 2017 · 120 posts · 67 votes

so, this was my first eviction in dc. 

I get to the house with a copy of the keys and new locksets. The eviction crew met me at the house at 9am, as scheduled. While there, I saw the tenants moving bags and boxes out. Great, this should be easy. The Marshals arrive at 10am. Late but no biggie. I sign the writ and answer a few questions. "Are there dogs or pets?" No. "Are there guns or illegal activities in the house?" (Probably) no. "Is there a car in the parking spot?" .........huh?

"Okay. You have 10 minutes to get a tow truck here else the eviction is cancelled"

What?

"We can't can't even enter the premises until the tow is here. 8 minutes left"

Why?

"That designated parking spot is part of the premises, and it needs to be clear. 6 minutes left"

Look, a squirrel! 

"If you attempt to move the vehicle youselves, then we leave. And that is a rat, not a squirrel. 2 minutes left "

But that's not even their car?!

"I'm sorry sir, but it doesn't have to be. It just needs not to be there. Even if you had a tow truck on site, I would've been able to get in. Have a good day"

Note* since there were 2 moving vans with 25 'eviction specialists' early in the morning, EVERYBODY on both sides of the street were there getting a free lesson on how to postpone an eviction. So going forward, I will have a tow truck on site for all evictions.

Btw. Tenants went right back in the house with all of their stuff.

It's only Monday

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Arjav Parikh
Real Estate Investor · Watchung, NJ · Member since 2016 · 52 posts · 13 votes
9y

While I used to own properties in Jersey City, NJ, I had my share of tenants.  One of the seasoned tenants left her dog in the apartment and wasn't there when the eviction crew came.   I was asked if animal control from the city was scheduled to remove the dog from the apartment?  Huh ...  The crew left without evicting.  Later I learnt she had applied similar technique a few times in the neighborhood.

It took my property manager 2-3 months to schedule eviction crew and animal control to come out together.  This time around, no one was at the apartment and we were able to do an easy lock out that lasted for half hour.  She went to the court and received extension for financial hardship and went back in the apartment.  An orderly removal order that took my property manager additional month+.  

It was a great learning experience, now that I look in the back view mirror.

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  • Shaun Patterson
    Property Manager · West Palm Beach, FL · Member since 2012 · 296 posts · 143 votes
    9y

    Ouch that sounds harsh. have a drink and brush it off. 

    0Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    9y

    I'm not an attorney but it sounds like someone screwed up. 

    I believe the eviction in Maryland is considered final when the tenants possessions hit the curb. From what I've read, it is the Sheriff's responsibility to ensure that happens. Your tenants were already packed and moving out, so why would the Sheriff tow their car instead of asking (or demanding) them to park it on the street?

    I believe your responsibility to tow the car only comes into play if the vehicle is abandoned on your property, at which point you have to receive the sheriff's permission via the Writ of Restitution.

    And why did the Sheriff pull up and give you a 10-minute warning? No moving crew can empty a home in ten minutes!

    What pieces am I missing?

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  • Vern M.
    OP
    Property Manager · Bowie, MD · Member since 2017 · 120 posts · 67 votes
    9y

    tenant stated that car was inop.  the 10 minutes was to start the eviction. They had just arrived and were not going to wait all day. 

    the reasoning is that yest, it's the sheriff's responsibility to ensure that all the possessions have been removed from the property. Since the parking spot is also considered part of the property, and the car was 'stated' to be inop, that is where the conflict started. 

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  • Arjav Parikh
    Real Estate Investor · Watchung, NJ · Member since 2016 · 52 posts · 13 votes
    9y

    While I used to own properties in Jersey City, NJ, I had my share of tenants.  One of the seasoned tenants left her dog in the apartment and wasn't there when the eviction crew came.   I was asked if animal control from the city was scheduled to remove the dog from the apartment?  Huh ...  The crew left without evicting.  Later I learnt she had applied similar technique a few times in the neighborhood.

    It took my property manager 2-3 months to schedule eviction crew and animal control to come out together.  This time around, no one was at the apartment and we were able to do an easy lock out that lasted for half hour.  She went to the court and received extension for financial hardship and went back in the apartment.  An orderly removal order that took my property manager additional month+.  

    It was a great learning experience, now that I look in the back view mirror.

    1Reply
  • Gail K.
    Augusta, GA · Member since 2014 · 1k+ posts · 1k+ votes
    9y

    Sounds like your Marshals are a bunch of lazy.....what evers.    I'm used to ours standing around while we haul stuff out to the curb; but that's normal.   They are there to oversee that the process runs smoothly, not to help carry stuff out.

    But the excuse yours gave...that's pathetic.

    Gail

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  • Andy D.
    Investor · Zürich, Zürich · Member since 2016 · 292 posts · 115 votes
    9y

    So this means, in essence, that a landlord would have to have a) animal control at the ready and b) a tow truck just to avoid an otherwise totally fine and at the ready eviction to miserably disintegrate into a pile of steaming youknowwhat??

    If that is indeed the case: what other contingency would one have to factor in?? Child services because a neighbour's kid was paid 10 bucks to sit in the house and told to refuse to leave? Hazard crew because asbestos mats were thrown on the floor of entry doors? I'm sure others will come up with more such stuff...

    This does not sound right, and it's the first time I heard of this. Anything state/county specific that comes into play here?

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  • Nicole A.Pro Member
    Rental Property Investor · Baltimore County Maryland and Tampa Florida · Member since 2013 · 2k+ posts · 2k+ votes
    9y

    Have you seen this requirement in writing for DC evictions? I think you should do some digging on that.

    If it is indeed accurate that in DC you must have a tow truck ready, I'd say you may want to then research hiring a PM or at least one of those companies that handles evictions for you right from the start (not just an eviction moving crew).

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  • Shaun Patterson
    Property Manager · West Palm Beach, FL · Member since 2012 · 296 posts · 143 votes
    9y

    the issue with the Police is that they have alot of evictions that they have to handle per month. In South Florida the main reason for the turnaround is waiting for the officer to get to the property. They are swamped with evictions and I can see why they have a attitude when they come up. They probably have 10 more evictions like yours later today. Now is the way the officer acted correctly in your situation? I wasn't there and I don't know the statutes in your state. You can do your homework on the proper process but don't get into a yelling match with the officers. It will just make things harder. I make sure to know the officers by name and find out as much as I can about them. So that next time they come its a easier process. 

    0Reply
  • Brian Garrett
    Real Estate Investor · Palm Beach County, FL · Member since 2017 · 3k+ posts · 2k+ votes
    9y

    @Shaun Patterson Shoot me a message when you have a moment I'd like to ask you some property management related questions. Thanks Shaun!

    0Reply
  • Shaun Patterson
    Property Manager · West Palm Beach, FL · Member since 2012 · 296 posts · 143 votes
    9y

    @Brian Garrett Will do! sent a pm just now. 

    0Reply
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