My First Eviction: Unreachable Tenant

[Michael Glaser]

As so many BP Podcasts have said, I don't look at this as a bad thing. It's a 'free' education on tenant screening mistakes as well as learning the ropes in my rental market on evictions. 

Without going into too many details, I'll jump to what's happening currently. I recently spoke with the Sheriff in WYCO, KCK and I have my eviction date of May 30th. I'm unable to get a hold of my tenant nor will any of his family return my calls. He did not show up at his court date, so the judgment went through.

Before the 30th I'd like to post something to his door along the lines of "You need to vacate the property immediately as the WYCO Sheriff will be arriving within the next week if you're still here"

In addition to that,  I'd like to post the judgment against him so he knows it's lodged with the Sheriff and it's happening.

1. If I can't reach him, is this my best(only) option?

2. Can I also add that he needs to make an effort to get a hold of me when he's out as he's liable for the house under contract? Is that legal?

3. Can I advertise the listing to be shown before he's evicted? *If the place needs only minor repairs 

Part of me feels uneasy about posting this on an open forum. If this is a bad idea, please feel free to knock me over the head and I'll as the MOD's remove this post. OR. If this sort of thing is better in the PRO forum as it's not public.

Thank you in advance!

[Jason Moore]

Whoa, whoa, whoa there.... @Michael Glaser. Let's step back & look at this a moment. You mention "WYCO, KCK" in your post - so I assume you're talking about Wyandotte County? Not exactly Beverly Hills, but a good place for ROI if you know what you're doing. Focusing on the "not exactly Beverly Hills" of that statement - let's not forget that this individual is living in an asset (worth a good amount of money) that belongs to you. They're likely to be none-to-happy about being put out on the street with the recent judgment... so I'm not certain that notifying him/her when the Sheriff is coming is the best option? When I've had to take evictions all the way to Sheriff-assistance, I like to have the tenants be surprised to see me standing at the doorway with a uniformed Officer. I've found that Tenants don't like to live in filth, and don't like to live in residences that have been trashed beyond recognition.... but a tenant who knows exactly when the axe is falling??? Different story in my experience.

Getting back to the "not exactly Beverly Hills" comment - quite a few areas of Wyandotte can be "rough" as far as rentals... and being that you're an out-of-area investor - I want to make certain you're focusing your efforts on the right things for you. Have you actually filed the Writ of Execution for your judgment and received scheduling for the "door-knock" Eviction? This is different from the Court-mandated period for a tenant to comply with the judgment for possession. It sounds like this is the case, so I'll take you at your statements. To simply answer your questions - "Yes", each of the things you are asking are legal for you to do in this case... but I'm not sure they're the "best" thing for you to do. Quite simply, as a response to your inquiries:

1) I wouldn't notify him of the Sheriff appointment - it only serves to tell him the last possible minute he can remain at the property (and give him an idea of when he can trash it without consequence).

2) You can tell him to contact you... but I'm not sure you'll accomplish much here. If you know where he works, it's pretty simply to file for a garnishment of wages - but collecting on that is a different story.

3) Unless you're on very good terms with your "about to be evicted" tenant... don't try to show the unit. You only gain an extra 6 days, and you could be putting an unsuspecting lead into a volatile situation they're not prepared for.

Best of luck to you, but sounds like you're well on your way to having things handled. Cheers!