Mark the milestone of 100 eviction cases today.... by JY

By JY 2012-02-21 10:14:41

So you want to be a landlord? eviction counts Feb 2012 update.

haha, today, we mark the milestone of 100 actual eviction cases, I know it is depressing..

the good news is, we collected 41 out of the 100 cases...

currently Under Eviction 1
waiting on judgment on back rent/damage 1
pursuing collection 19
paying or under garnishment 15
civil warrant ( dead beats ) 11

Case pending due to no-serviceable address 3
Case pending due to defendant in jail 3
Case dismissed due to death 2
Case dismissed due to bankruptcy 4
Case paid or settled 41

Eviction count by year

12 01 out of 134 units (so far)
11 31 out of 134 units (26 actual evictions, 5 back rent & damages)
10 11 out of 94 Units
09 9 out of 94 Units
08 8 out of 93 units
07 9 out of 78 units
06 8 out of 72 units
05 3 out of 28 units
04 4 out of 16 units


yes, I have about 75k in judgements in court right now.

generally speaking, we lost about 6 weeks in rent during any eviction process, my average judgement is about $1800 each after deducting the security deposit, which is tagged on with 2 months of late fee (300 each month) plus cleaning/repair cost.

our collection rate is about 30%...


Question:
Have a question for you, how you get the judgments against them


Answer by JY:
your judgement case should follow right after your eviction case, depends on your state, some state sees both process as one, for example, Indiana, one filing taking care of both steps, but I know some state require owner to file separately (additional fee) for final judgement.

I do my own collections thru court system after judgement, some people take easier route by using collection agencies.  DIY is not hard, just take lots of time, thats no problem to me, time is all I have left....

some BS I wrote in the past..



JY's bible to eviction.............     2008-07-17 19:09:01    



different state has different eviction rules...in Indiana, you can not evict an tenant yourself unless they move out voluntary, by state law, landlord can not just kick them out, or change the lock, or cut off utilities if landlord pays utilities.

here are steps I do.

1. oral notice on due day.

2. written notice after 5days later, demand tenant to move out in 10days, you must give them 10 days under state law.

3. if they refuse to move,  file small claims court ASAP, request court order eviction. when you file, request notice to be deliver by sheriff, not certify mail, because tenant can reject certify mail and that will count as no delivery, only when the sheriff can hand them the notice counts.

4. soon as you obtain a court eviction notice,  then you have the rigth to thru all your tenant's stuff out on the street( which I love to do, haha),  if they refuse to leave, call the sheriff, have the cops come help put their stuff out on the street.

5. drag their ass back to count for damage and back rent, make sure you keep detail record of repair and damage. pictures tells everything, add up all the late charges and early termination penalties, plus the time you spend on it, charge the tenant $50 per hour for the time you make up( the judge may deny this fee, but would not hurt to try).

6. after the damage award, motion for a court ordered garnishment on  their wage if they have a job.

7. if they don't have a job, then take their ass to court once a month. unfortunately, you can not put them in jail for owe you money, but if they miss any court date, then motion to cited for Contempt of Court, if they miss the second time, then motion the court issue a body attachment for failure to appear, which is a civil warrant they will spend up to 6 month in jail, and the cash bond goes to pay for the judgment.

8. on December of each year, request the court to garnish their tax return check before the file on January, if they cash their tax check, then you can again request the court for contempt, send their ass to jail for a couple day.

good luck