Eviction!

[BoardGirl Senior Member Find all posts View Profile Close BoardGirl]

Someone I know is being evicted from her apartment. Unemployed, has worked whatever jobs she could find but they were all short term contract.

A sheriff showed up and gave her some papers and apparently has to go to court in 2 weeks. She is less than 2 months behind in rent, but has probably been a slow pay all along since employment has not been easy to find.

I have happily never been evicted but she's asking me what she can do. Uh .... ?

I don't know what the court date is for, as that just plain seems odd to me. Getting a sheriff involved seems strange, too. She's a meek mild person who is actually quite intimidated by the landlord. Which makes me wonder why she hasn't done more to avoid his showing up demanding payment all this time, but, water under the bridge. there is A LOT about her/her situation I do not understand...

Anyway, if she somehow managed to come up with back rent, is there any point to handing it over now? Is that what the court proceedings are for, small claims/contract enforcement?? It's really a blood out of a turnip situation, and they could garnish wages, if there were wages. Is that the best to hope for?

Landlord has many properties so is not a novice. I personally would get my stuff out lest he padlocks the door while she's out, but I don't know anything about this kind of crap, who has any rights and what they are.

Anyone know anything about this kinda thing?

[ew1943 Junior Member Find all posts View Profile Close ew1943]

eviction

the sheriff delivers the eviction notice, it is a legal document, however, if she was current with rent the eviction process would probably stop

[bigfrank Administrator Find all posts View Profile Close bigfrank]

She would need to come up with all the money owed and pay in court in two weeks, The Judge may give her 1 more month if she does not have it all but might charge her interest. If she wants to stay then she should pay up if She thinks this is going to keep happining she should look for a place she can afford.

[vintner Super Moderator Find all posts View Profile Close vintner]

See my notes in red.
Speaking as a landlord in Minneasota, I will answer what questions I can based on Minnesota law. There may be differences in laws or procedures, but a lot will be similar.

Someone I know is being evicted from her apartment. Unemployed, has worked whatever jobs she could find but they were all short term contract.

A sheriff showed up and gave her some papers and apparently has to go to court in 2 weeks. She is less than 2 months behind in rent, but has probably been a slow pay all along since employment has not been easy to find.
Two months is a long time in rental. For a landlord paying for her to say there for 2 months (she is still using the services such as water, heat in the winter, etc) it is not only a loss of revenue, but also an loss due to expenses. It is cheaper to have a unit sit empty than have someone living there without paying. Rental property is not high profit, often having a unit or two unpaid means going from positive cash flow to a loss.

I have happily never been evicted but she's asking me what she can do. Uh .... ?
If she is paid up when she goes to court, it is unlikely she will be evicted. At least that is how it is in Minnesota. It is a little easier here for tenants than I would like. It is tough to evict a dead beat tenant if they don't pay for months then pay last minute before going to court.

I don't know what the court date is for, as that just plain seems odd to me. Getting a sheriff involved seems strange, too. If there is a lease in place, it takes court action to break the lease. The Sherriff is the authorized party to serve the notice. It is the court, not the landlord that uses the Sherriff. She's a meek mild person who is actually quite intimidated by the landlord. Which makes me wonder why she hasn't done more to avoid his showing up demanding payment all this time, but, water under the bridge. there is A LOT about her/her situation I do not understand...

Anyway, if she somehow managed to come up with back rent, is there any point to handing it over now? Is that what the court proceedings are for, small claims/contract enforcement?? It's really a blood out of a turnip situation, and they could garnish wages, if there were wages. Is that the best to hope for?
At this point, with the sherriff having served papers, her ability to get an appartment has been hampered. Landlords look for Eviction Actions or Unlawful Detainers on a tenants application. I won't take one before they have 5 years of good rental history after a UD or EA. If she has not paid her rent by the court date, it is likely the court will authorize the eviction. If she has not moved by the eviction date, the sherriff will basically toss her out. If she is removed, yes, the landlord can then go after her wages. Once he has won in court, he has years to collect, so when she does go back to work, he can come after her wages.

Landlord has many properties so is not a novice. I personally would get my stuff out lest he padlocks the door while she's out, but I don't know anything about this kind of crap, who has any rights and what they are.
Unless the law is different where she is, he can not change the locks or lock her out, turn off electricity or water or change her living situation until the court has ruled against her.

Anyone know anything about this kinda thing?

[JLB Please excuse me, I'm a Dick. Not a moron just a Dick Find all posts View Profile Close JLB]

We use to have rental property.

If she does not pay, the landlord will get a judgement for rent and possession. It is a slam dunk. Once landlord gets that, he will enter and set her stuff out front.

If she pays, she may get to stay 30 days. When she was served is important. If a tenant can duck service until after the first of the month (another rental period), they get another free 30 days. Of course, she can stay until the court date.

The judgement is something the landlord can attempt to collect on through garnishment, attachment, etc. I did on some and I have one from 1988 I have never collected. Gosh, with interest that would be adding up. Hmmmmmm.

[vintner Super Moderator Find all posts View Profile Close vintner]

When I win judgement, I am allowed 10 years. If I had a judgement awarded in 1988, I would have to have gone back to court again in 1998 and again in 2008.

[vintner Super Moderator Find all posts View Profile Close vintner]

Locally, I have had renters who are getting emergency assistance from the county or state. They are able to get a month or two of rent payment to keep them from getting evicted. It allows them to get back on their feet in some cases.

On one hand, I am glad to have a renter paying the rent, but on the other hand, I am not happy that I have to pay taxes to have them get free money to pay the rent.

[joycapecod Silver Contributor Find all posts View Profile Close joycapecod]

In Massachusetts if they have small children or are the primary caregiver of a disabled person living in the household it can take forever to get them out. I will not rent to families with small children or disabled persons...sad state of affairs.

Joy

[bigfrank Administrator Find all posts View Profile Close bigfrank]

In Massachusetts if they have small children or are the primary caregiver of a disabled person living in the household it can take forever to get them out. I will not rent to families with small children or disabled persons...sad state of affairs.

Joy

Be carefull my Aunt got sued and with all the legal fees she came close to shelling out $100,000

[joycapecod Silver Contributor Find all posts View Profile Close joycapecod]

Be carefull my Aunt got sued and with all the legal fees she came close to shelling out $100,000

My very last rental that was horrible cost me $10,400 in lost rent and over $30,000 for damages to the property. I had to fully replace the kitchen and both bathrooms, along with carpet, tile and hardwood flooring and repair the holes in the walls. I am now VERY cautious regarding who I rent to.

It is sad that a few ruin it for the many.

Joy

[JLB Please excuse me, I'm a Dick. Not a moron just a Dick Find all posts View Profile Close JLB]

When I win judgement, I am allowed 10 years. If I had a judgement awarded in 1988, I would have to have gone back to court again in 1998 and again in 2008.

different laws in different states, but not an issue, cuz I'm not pursuing it

[JLB Please excuse me, I'm a Dick. Not a moron just a Dick Find all posts View Profile Close JLB]

My very last rental that was horrible cost me $10,400 in lost rent and over $30,000 for damages to the property. I had to fully replace the kitchen and both bathrooms, along with carpet, tile and hardwood flooring and repair the holes in the walls. I am now VERY cautious regarding who I rent to.

It is sad that a few ruin it for the many.

Joy

Same here, and when I finished, after four months of rebuilding, I came home and announced, "I'm done doing this."

[Glitter Brunello Super Moderator Find all posts View Profile Close Glitter Brunello]

BG -

The law is different in each state, and the courts' sympathies (landlord or tenant) vary by local jurisdiction. The landlord must go through certain formalities (such as serving notice of pending eviction) required by law to protect his/her interests. Your friend may get some time, but she will have to come up with the rent. Some courts may consider mitigating circumstances such as deficiencies in the property that the tenant has complained of in writing but have not been addressed (lack of heat, etc).

[BoardGirl Senior Member Find all posts View Profile Close BoardGirl]

WOW, great education! Thanks, everyone!!

I thought it made sense to pay for what she's used, whatever months she's stayed unpaid, but she does pay her own utilities. Assuming they aren't shut off yet.

there will simply not be anything she can afford while work is scarce to non-existent. She's a stat. There are people she can go live with so at least won't be homeless.

I'm sure this is happening all over the country. I understand the situation of the landlord, he's a businessman. She has always injected drama so I can imagine the whining he's heard and I'm sure that's made it worse. I doubt there's any damage, she's pretty tidy and keeps an inviting home. hasn't been there long.

hopefully it won't get harder on everyone. pay up and get out.