All Forum Posts by: Sharon C Hartless

Thank you John, 

The point is that I don’t want to let the house sit while I’m gone and I don’t have time to get it ready before I go... no agents, just me

I think I can charge her rent until the day the sheriff comes... she has a job she doesn’t want to loose!

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

Hi Cheryl, I have had single family rentals in West Knoxville for years and just sold my first rental house on my way to retirement. I've known many real estate agents through the years but when it came time for me to sell I listed with Jenny Moynihan with Remax. Jenny is very professional, is an excellent communicator and a very hard worker. We worked together and sold my house in 2 weeks for more money than either of us expected. Jenny is very impressive and I'm not easily impressed. You can PM me for more info if you want. Sharon

Thanks Greg

Thanks Guys,

The judge listened to his sob story for about 1 minute!  Then she allowed me to point out the inaccuracies in his story. She would not allow him to pay $10.00 per month and said she would not agree to the $200.00 per month that I requested. She advised him that he needs to get prepared to pay a reasonable amount per month and told me I could pursue any and all resources available to me to collect the judgement including garnishing his wages. I walked across the hall, paid the $22.00 and filed a garnishment. There's a formula they use to calculate the percentage of his earnings that I'm entitled to but even if it's 10% that will be more than $200.00 per month. Yay!!!

I couldn't believe it... I won a judgement against a pair of professional squatters in excess of $8,000 five years ago... Of course the squatters filed for bankruptcy right after my judgement was awarded. That was the first time I had been to Bankruptcy Court and I asked to make one statement to the court... "The Federal Bankruptcy Court is an accomplice and should be held accountable along with the plaintiff in an "attempted financial homicide" against me as a landlord. Despite their efforts, I was able to pull through financially and still own the house.

The problem for these particular squatters is they also defrauded an attorney. This attorney made it his mission to derail the bankruptcy and hold these thieves accountable. I met him at the hearing mentioned above. This attorney kept in touch with me through the years and came to my home, with a court reporter, and took my deposition.  A few months ago I got an email from him telling me that the bankruptcy was denied and I should be able to proceed with collections against the squatter through any mean available to me including wage garnishment.

A month ago I received a notice from the court that the Debtor has filed a "Request to Make Payments."  in regards to my judgement. The debtor has requested a payment of $10.00 per month to me because that's all he can afford after he pays $274.00 for his phone; $279.00 for his cable and, oddly enough, he has to pay a water bill of $50.00 and a separate sewer bill of $70.00 every month. I intend to present to the court my Straight Talk phone bill of $48.35 and my Charter cable and internet bill for $112.54, and, finally, my water bill, including sewer, for less that $20.00 per month. I'll ask the court to award me a monthly payment equal to the savings the debtor can realize by subscribing to the companies I subscribe to. He's really getting ripped off by his current providers!!! If the court agrees the payment to me would be ($673.00 <$180.89> = $492.11) $492.11 per month ... That sounds fair to me!!!!

I'll keep you posted ;.)

Hello Everyone,

I thought I would post the outcome of the tenant from hell ...  I did give her 24 hours notice of an inspection and told her it was her responsibility to confine her dog. She was there when my husband and I arrived. She had a friend there who followed me around asking questions. After a few short answers I ignored her. 

The house was surprisingly clean and the dog wasn't there. The next day I sent her a text telling her I was pleased with the condition of the house and asked if she would be willing to carry renters insurance with  $300,000 liability coverage. She responded that she does have renters insurance to protect "herself" and since my lease doesn't require her to carry renters insurance she declines to provide me with documentation of her insurance. 

True to her character and evidence of my lack of skills in dealing with PITA tenants ...  I won't make that mistake again!  She is still in my house with her dog and I will have to jump when she says jump for the next 20 months.  uuugh!

Hi Everyone,

Well, I've calmed down a little ... Thanks to all of you! I sent the tenant a "Text" (instant written notice) yesterday that I was giving her 24 hour notice (per lease) that I will be doing an inspection today at 2:00pm. I am inspecting for damage by dog and cleanliness. I will give her a 14 day notice to correct if necessary. I also want to give her this letter unless anyone can tell me why I shouldn't. Please respond asap... time is running out.

Dear Ms. ;

After speaking with my insurance agent concerning your dog, I have been advised that because I have reason to believe that your dog is/can be aggressive toward humans you will be required to carry renters insurance with at least $300,000 liability coverage to protect against any serious damages caused by your dog. Please provide me with documentation of this coverage within 14 days.

This is the only solution I can feel comfortable with if you want to continue your lease. If you choose not to establish and maintain this liability insurance, your dog will not be permitted to remain on the property and must be removed by the 14th day. If you would like to terminate your lease you may do so by giving me a 30 day notice of your intent to vacate no later than July 5th, which is the 14th day.

Thank you in advance for your cooperation in this matter.

Hey Guys,

It was my first meeting as well ... I was fortunate to speak with Judge Cerny. I've been in his court a few times and it was nice to speak with him when he wasn't making a decision about me ... I really enjoyed meeting other investors and collecting business cards. I definitely plan to be at upcoming meetings. I learned that the type of investing I've been doing for years has a name..... BRRR ... lol I look forward to meeting you Ben, Payton and Josh. It was a pleasure meeting you Link.

Thanks Mike ... I agree!