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Updated over 6 years ago,
My first court ordered eviction!
I don’t really know how to condense this long drawn out painful eviction into a short story but I’ll try. I’ve been a landlord for 35 years and this is the first court ordered eviction for me! I know I’m blessed that this is the first time. So, the tenant pays prorated rent for the first month, pays last month and a security deposit on a 12 month lease. Then, the first month and every month thereafter she paid late or not at all. She racked up almost $1,000 in late fees and I gave her 3 notices to vacate before filing the eviction through the court. She ignored it all. The day of court an attorney called my name and asked if we could talk. He indicated that they wanted to work out an agreement. I didn’t hire an attorney... I thought I knew what I was doing!!! WRONG! Anyway, we negotiated an agreement: she would bring the rent current and pay 2 months in advance... that day. She would forfeit her deposit ... pay $894.00 in fees within 10 days and be out May 31st. The attorney sent the agreement for my signature and assured me he would file it with the court. Well he did file the agreement with the court but he also included a statement that the “case would be dismissed” when the judge signed it. So, the judge refused to sign it and it just sat there for 3 months. She did not pay the late fees as agreed! I called the court clerk a few times requesting a copy of the order but they were showing the case was on hold and were not showing that the attorney was on record as representing her! I had been “bamboozled” by her attorney. I reset the court date for June 5th as there were no signs of her leaving. She didn’t show up for court (to avoid being served, I think) and the judge tried to explain to me what had happened and “strongly suggested” that I seek legal counsel. He entered a judgement for possession in 10 days. When I checked the house this morning she still had numerous possessions in the house so I went back to the court to get a “writ of possession.” I thought the Sherrif would go with me today to put her stuff on the curb and re-key the locks. Not a chance! Someone from the sheriffs office will call me sometime, and when we agree on a convenient time, I have to post a notice with the time and date the sheriff will be there on the front door and give her more time to remove her belongings! UNBELIEVABLE! Well, I’m leaving for vacation on Friday and meeting the sheriff there won’t be convenient for me until I return. So, what to do? I think I’ll just relax and let her keep possession of the house and let the rent continue to accrue until after July 4th when it is convenient for me. I will sue here for damages and will garnish her wages if necessary when I get back. It’s only money right? Does anyone else have any other suggestions or comments? Frustrated in Knoxville TN