Originally posted by @Dick Rosen:
First, thanks for the mention @Steve Babiak!
The Court gave the tenant 7 days to move out from eviction day and the Writ is not available until then, the Writ was in fact ordered the day that it was available. At that point the Sheriff/Constable has up to 7 days to schedule the move out, I am currently awaiting that phone call from the Sheriff/Constable so that I can meet them there, they will have the tenant moved out and I will change the locks. That's where it stands today.
Where my system did admittedly break down was due to a new software platform which enabled me to accept ACH payments from my tenants effective July 1st. I was not aware that an ACH payment can bounce NSF just like a check! So the tenant made the July payment by ACH, it bounced... about a week later she made another ACH payment including the late fees and NSF fee so I believed in good faith that it was going to work out. Keep in mind that this has been a good tenant for one year with no issues. Then I recieved another NSF notice and I sent the the Pay or Quit. Before the 5 days expired she made another ACH payment, now for the complete 2 months due plus fees. I sent the Pay or Quit notice again and shut off her access to ACH payments. The eviction court date was on the 1st of September which means we just lost another month.
My mistake was in accepting more ACH payments! Once that first one bounces, shut it off and required certified funds, that's my new standard. I understand Mr. Gayden's frustration but I believe he understands that I am addressing the issue as best I can and I think he's frustrated with the entire situation and not necessarily his PM... me... I hope.
Hey Dick: Thanks for posting your side of the story. It isn't difficult for a situation like this to drag out some for reasons like the one you stated with the ACH. I usually have my tenants deposit rent into my bank account and whenever I issue a 3-Day Notice I close that account, because if they deposit as much as $1 after the 3-Day, I would have to start over again. There can still be a problem with direct deposits like this, as they can deposit a bad check into my account, but so far I've never had that happen. There are so many new systems for having tenants pay rent through banks and we will all live and learn as time goes on; BP is such a great resource for sharing info!
PS: It's easier to get fooled when a tenant has been good for as long as a year; I just had tenants of 5 1/2 years' duration who never gave me a problem turn against me completely when I told them I was selling the house in order to move across country; long story, different forum, but it got very nasty. I never would have thought after all those years that they would treat me the way they did!