All Forum Posts by: Daniel Fisher

I have an eighth grade school education. Grew up on a farm and started construction at 18.

Manuel Acuna I really don't know. Guess I need to ask my PM

The requirements to evict, as I understand it, is property damage, non payment and breaking of the lease. I don't think late payment constitutes breaking the lease.

Court already ruled to evict and the property has been posted.

I am in no way buying a sob story. They are being evicted if they can't come up with the rent.
However, I'm not sure what purpose it serves to not let them stay 2 more days. Do I want to just make an example of them?
Does compassion translate to "softie"?


I've got $5 that says that this tenant has a better smartphone than you, and a more deluxe cable-tv package than you do. And I'd be willing to bet that the phone and the cable bill are paid in full and current - because cell and cable companies don't take excuses, they shut you off pronto. There's no guilt, remorse, or soul-searching, you didn't pay, the toys go away.

:-) I'll take your $5. This tenant has been using a bare minimum cell phone. And has had 3 different numbers since June, which tells me he is avoiding creditors

Eviction was not an option before this. They always paid, albeit late. There has been no property damage and, as I understand it, I can't evict for late payment.

A few details about the tenants: In June he was injured doing a side job and couldn't work his regular job. In July the company he worked for laid off several people, which he was one them and they had a baby. He was still unemployed as of November. She did find a part-time job but it's not near enough.
They haven't had an on time payment since June, which actually has benefited me so far with the 10% late fees.
In November they said they'll have the rent by the 28th but I was not willing to wait until then to see if they would actually pay, so eviction was started.
Because of filing fees they only had a partial month's rent.

My PM gets his standard 6%. He said if he would get a large percentage or all of it, it would create an incentive for him to become lax with stressing on time payments. Or telling a tenant that a day or so late is fine.

Jon Klaus Yes I did, and I didn't wait to file for eviction.
I was surprised that they didn't just push eviction back several days to a day or 2 after Christmas.
I mean what is 2 or 3 days for me? Plus, I won't be working in the property those several days.

In November my tenants failed to pay their rent and my PM started the eviction process. Today I received a notice that eviction is set for Christmas Eve.

What do you make of that?

Would you suggest to the constable that he wait till after Christmas?