Author Topic: Please help with scripts for getting a tenant to move out peacefully- HE'S OUT!!  (Read 14638 times)

iris lily

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Re: Please help with scripts for getting a tenant to move out peacefully
« Reply #50 on: February 23, 2021, 11:32:12 AM »
I watched a YouTube news story about a couple in California who hired a nanny for their young children and after three weeks they had to fire her because she was no longer performing. But she squatted in the house with the law behind her because of California tenant rights.

The film Pacific Heights introduced me years ago to California squatters rights.Scary as hell.

Sorry OP to hijack your thread, it just reminded me of landlording  in California.

Zamboni

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Re: Please help with scripts for getting a tenant to move out peacefully
« Reply #51 on: February 23, 2021, 01:35:28 PM »
Oh Sibley, I'm sorry to read that! Concur with Mozar that your Dad should not talk to the tenant again. All communication must go through the lawyer and be written from here on out. As a tenant, I have had to use the word "harassment" in written communication when I felt that the landlord was over-stepping reasonable boundaries and contacting me too frequently. What a mess.

Yeah, that "nanny" case was very eye opening to me. The "nanny" clearly knew what she was doing, but it still had a "two sides to every story" vibe to me. She did work for them for several months before she started refusing to work. There are definitely plenty of au pair horror stories online (from the perspective of the au pair), and it is probably not reasonable to assume that the hiring couple was entirely blameless for what happened. So, perhaps they had required too much "overtime", extra cooking/cleaning, or made some other demands or intrusions that the judge felt was unreasonable? Or perhaps she got sick and they had no sympathy and no plans for what to do when she got sick? On the flip side, she had a pattern of suing other people . . .  if only they had included civil lawsuits in their "background check".

Sibley

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Re: Please help with scripts for getting a tenant to move out peacefully
« Reply #52 on: February 23, 2021, 02:14:17 PM »
I found out that the conversation was actually via text. So that is written. Lawyer has been hired, and paperwork, including screenshots of the text messages (I hope, it's possible mom took pictures of the phone with her digital camera) have been delivered to the lawyer today. Lawyer I'm sure has instructed not to talk to tenant further. I will reinforce, as well as my sister I'm sure.

As far I know, parents haven't talked to the tenant since the 18th, at least until the text message today.

@ctuser1 - tenant isn't being evicted for nonpayment. Tenant was notified that he had to move out as the lease is ended. It's month to month, been that way for quite a while. As long as he gets the required 30 days notice, which he did, he has to move. From what has been passed onto me from the lawyer, an eviction if necessary would likely take about a month.


Concurrent to all this of course they're also starting to house hunt over by me. Which is its own can of worms that I AM heavily involved in, mom is driving me batty.

Paul der Krake

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Re: Please help with scripts for getting a tenant to move out peacefully
« Reply #53 on: February 23, 2021, 02:37:48 PM »
I hope your parents get a judgement for the back rent. Hopefully that (eventually) pays for the lawyer's fees and then some.

PMJL34

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Re: Please help with scripts for getting a tenant to move out peacefully
« Reply #54 on: February 23, 2021, 04:52:15 PM »
Paul,

The tenant most likely has no money and no assets. Doesn't matter if you can get a judgement if you can't collect.

The best thing here is to get the attorney involved just enough to get the tenant out.

Sorry to hear all this OP.

Best of luck!

Sibley

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Re: Please help with scripts for getting a tenant to move out peacefully
« Reply #55 on: March 03, 2021, 01:07:15 PM »
Well, mom the loose cannon is possibly going to be a loose cannon (again). She's anxious because they still haven't been told by tenant what his plans are. So she wrote a letter for tenant pretty much demanding that he tell her what his plans are. Thank goodness there's a lawyer involved, because she's being smart enough to know that she needs to consult the lawyer. Please cross your fingers the lawyer shuts it down. Sister and I have already told her very clearly that she MUST do what the lawyer says, even if she doesn't like it.

Otherwise, things are quiet. Sister and I are concerned about her overall mental state and will be watching her, and the finances, more carefully. Frankly, she's 65 and we're having to help with things as if she were 80. That's not a good sign.

Villanelle

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Re: Please help with scripts for getting a tenant to move out peacefully
« Reply #56 on: March 03, 2021, 03:50:36 PM »
Oof.  I understand why she wants to know, especially since he has been so non-committal about whether he is going to vacate.  But (and I'm sure you know this), she doesn't have any right to information about the specifics of his moving plans.  He's either gone on the day he's supposed to be, or he's not. What day is he supposed to be out?  And is the cash for keys offer still in play?

I'd be surprised if the lawyer allows it, but at least she is compliant WRT listening to him.

Have you and your sister considered broaching the subject of some sort of PoA or other legal [partial] control of their assets, if you are willing to take that on?  This sounds like a recipe for a scammer or very costly mistake, in general, not just as far as the house. 

Sibley

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Re: Please help with scripts for getting a tenant to move out peacefully
« Reply #57 on: March 03, 2021, 06:54:04 PM »
He's supposed to be out the 15th. Cross your fingers. And yes, I get it. I'm nervous, he could really screw up a lot if he's not out. I've had enough fights with her over stuff related to the tenant that I know she won't listen to me. Dad is much more with it regarding this stuff, so with any luck he'll put his foot down. Not sure if he will though. At this time, cash for keys is still in play. If tenant doesn't leave by the 15th, it's off though.

POA, etc is actually all setup, though nothing is in use currently. I have access to most financial stuff, and I think I'm on the checking account. Dad is at risk for scams, and has already had a few things happen, luckily small dollars. Mom is vulnerable to different scam type things than dad, but she forwards the emails to my sister for vetting at least. As painful as this whole process is, moving them closer to me really is going to help.

alcon835

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Re: Please help with scripts for getting a tenant to move out peacefully
« Reply #58 on: March 04, 2021, 07:03:06 AM »
He's supposed to be out the 15th. Cross your fingers. And yes, I get it. I'm nervous, he could really screw up a lot if he's not out. I've had enough fights with her over stuff related to the tenant that I know she won't listen to me. Dad is much more with it regarding this stuff, so with any luck he'll put his foot down. Not sure if he will though. At this time, cash for keys is still in play. If tenant doesn't leave by the 15th, it's off though.

POA, etc is actually all setup, though nothing is in use currently. I have access to most financial stuff, and I think I'm on the checking account. Dad is at risk for scams, and has already had a few things happen, luckily small dollars. Mom is vulnerable to different scam type things than dad, but she forwards the emails to my sister for vetting at least. As painful as this whole process is, moving them closer to me really is going to help.

Glad to hear this is almost over. Even if the renter throws a fit, seems like your parents are in a good position to win regardless. Its insanely stressful, but at least a lawyer is involved and the renter knows they have no meaningful legal recourse.

Sibley

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Re: Please help with scripts for getting a tenant to move out peacefully
« Reply #59 on: March 07, 2021, 12:24:17 PM »
Well, mom didn't send a letter. The lawyer did. No idea what it said, but the lawyer wrote it so I'm going to assume it's ok. Parents are both saying they're leaving everything to the lawyer.

Coincidentally, I will be visiting them next weekend. Just before the deadline of the 15th. I didn't plan it that way, it's just what worked out. So if necessary, I'll be on hand to sit on any mad plans.

Zamboni

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Re: Please help with scripts for getting a tenant to move out peacefully
« Reply #60 on: March 07, 2021, 01:55:34 PM »
Probably was sent certified mail, express delivery and says something like:

Dear Mr. Tenant,

The law firm of Dewey, Cheatum, & Howe has been retained to represent the real estate empire of your landlords: the Sibley family. Our clients provided me with a copy of the written notice you previously received. This written notice specifies you must vacate their property at One VeryNice Place, Pleasantville, AM on or before March 15, 2021.

If you have any questions or need more information about this matter, then you should respond in writing. Please direct all such correspondence to my attention at the email or address provided above on this very official looking, intimidating, heavy weight, bonded paper letterhead stationary.

Thank you for your attention to this matter.

Cordially,

Hector Cheatum, III, Esq.

Not being a lawyer, that's what I imagine they would think is okay to send at this stage.

Sibley

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Re: Please help with scripts for getting a tenant to move out peacefully
« Reply #61 on: March 07, 2021, 06:53:20 PM »
I imagine you're correct. The subtext being, of course, move out or you'll be kicked out. Which is the case. Cross your fingers he moves out this week/next weekend.

calimom

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Re: Please help with scripts for getting a tenant to move out peacefully
« Reply #62 on: March 08, 2021, 08:02:04 PM »
Holding a good thought for you and your parents this goes reasonably smoothly, @Sibley.

Are your mom & dad moving closer to you? I remember you discussing this at some point. Hope all goes well.

Sibley

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Re: Please help with scripts for getting a tenant to move out peacefully
« Reply #63 on: March 08, 2021, 08:12:38 PM »
Holding a good thought for you and your parents this goes reasonably smoothly, @Sibley.

Are your mom & dad moving closer to you? I remember you discussing this at some point. Hope all goes well.

@calimom Yes, they're moving to my area. Move date is 3/25 (wish me luck), and they're looking for a house to buy. They will be staying with me until they find a place. They're actually coming tomorrow to look at a house.

Linea_Norway

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Re: Please help with scripts for getting a tenant to move out peacefully
« Reply #64 on: March 09, 2021, 10:45:02 PM »
Holding a good thought for you and your parents this goes reasonably smoothly, @Sibley.

Are your mom & dad moving closer to you? I remember you discussing this at some point. Hope all goes well.

@calimom Yes, they're moving to my area. Move date is 3/25 (wish me luck), and they're looking for a house to buy. They will be staying with me until they find a place. They're actually coming tomorrow to look at a house.

Are they also considering your father's early dementia? I have seen what it costs for a spouse to live with a dement partner and when the illness progresses, it is not possible for 1 person to provide that care.
Maybe they should buy something not too big that your mother could also live alone in when that time comes, while your father could move into a care home.

Sibley

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Re: Please help with scripts for getting a tenant to move out peacefully
« Reply #65 on: March 10, 2021, 04:38:21 PM »
Holding a good thought for you and your parents this goes reasonably smoothly, @Sibley.

Are your mom & dad moving closer to you? I remember you discussing this at some point. Hope all goes well.

@calimom Yes, they're moving to my area. Move date is 3/25 (wish me luck), and they're looking for a house to buy. They will be staying with me until they find a place. They're actually coming tomorrow to look at a house.

Are they also considering your father's early dementia? I have seen what it costs for a spouse to live with a dement partner and when the illness progresses, it is not possible for 1 person to provide that care.
Maybe they should buy something not too big that your mother could also live alone in when that time comes, while your father could move into a care home.

Sorta. What they're looking for is SFH ranch or similar, around 1000 sq feet. If they were really considering long term, they'd be looking for a condo so there's no exterior maintenance, but they won't consider that because the 13 year old cat with arthritis and epilepsy wants to go outside. Oh, and mom had a really bad experience about 40 years ago with condo neighbors.

The house yesterday is a no. Wonky layout around the bathroom/utilities/laundry which makes the house unworkable for them. Of course, dad didn't like it because the driveway needed to be replaced and mom objected to the fence falling down. Given the lack of houses on the market, I'll be hitting them over the head at some point telling them to buy a house that will work, despite whatever minor issues it has.

And mom said that she saw empty boxes on the landing when they got home, so sounds like the tenant is packing.

Sibley

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Re: Please help with scripts for getting a tenant to move out peacefully
« Reply #66 on: March 14, 2021, 12:44:36 PM »
Update:

I'm sitting on the couch at my parent's place, doing their taxes. Taxes are not going well but I'm getting it sorted out. Thank goodness some of the complicated stuff was done last year so it's no longer a factor. Packing is going well. There will be the usual last minute scramble of course for stuff in daily use, but I think it'll be ok. Am concerned about how much food they'll have left over but not much I can do about that.

Tenant hasn't moved out yet at least. He has until tomorrow. Cross your fingers.

MayDay

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Re: Please help with scripts for getting a tenant to move out peacefully
« Reply #67 on: March 14, 2021, 03:35:48 PM »
Wow, what an exciting take between the tenant, the taxes, the move, and the house hunting!

I can only imagine the frustration of getting them to accept reality of aging and the housing market simultaneously!

Wolfpack Mustachian

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Re: Please help with scripts for getting a tenant to move out peacefully
« Reply #68 on: March 14, 2021, 04:14:23 PM »
Dumb thought from someone who has absolutely 0 experience in being a landlord, but regardless of whether or not the tenant is broke, if they truly trash the place (at least as I'm visualizing it), couldn't criminal charges be pursued? I'm thinking of things being wrecked - cabinetry messed up, doors broken, etc. If this is the case, would that alone not persuade someone to not do it?

ender

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Re: Please help with scripts for getting a tenant to move out peacefully
« Reply #69 on: March 14, 2021, 04:29:24 PM »
Dumb thought from someone who has absolutely 0 experience in being a landlord, but regardless of whether or not the tenant is broke, if they truly trash the place (at least as I'm visualizing it), couldn't criminal charges be pursued? I'm thinking of things being wrecked - cabinetry messed up, doors broken, etc. If this is the case, would that alone not persuade someone to not do it?

Sure, you could, but if the tenant is broke anyways you're going to spend $5k to get $0 from the tenant.


Wolfpack Mustachian

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Re: Please help with scripts for getting a tenant to move out peacefully
« Reply #70 on: March 14, 2021, 07:21:48 PM »
Dumb thought from someone who has absolutely 0 experience in being a landlord, but regardless of whether or not the tenant is broke, if they truly trash the place (at least as I'm visualizing it), couldn't criminal charges be pursued? I'm thinking of things being wrecked - cabinetry messed up, doors broken, etc. If this is the case, would that alone not persuade someone to not do it?

Sure, you could, but if the tenant is broke anyways you're going to spend $5k to get $0 from the tenant.

Right, I'm totally with you that a civil suit wouldn't be worth anything in that situation, but couldn't they be prosecuted criminally? I mean, if someone breaks into my house and steals something, I'd hope they would be actually arrested. If they smashed my windows or broke in and destroyed my stove, I would hope for the same. They might not be likely to be caught because we wouldn't know who they were, but in this case, it would be obvious who the person is. I guess I'm just confused why there wouldn't be actual jail time for someone who destroyed or stole someone else's property, and if there was jail time for it, that alone would be a disincentive for someone to do that without you needing to spend any money on your own end to sue in civil court, right? Again, I realize I'm very ignorant and probably missing something obvious.

charis

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Re: Please help with scripts for getting a tenant to move out peacefully
« Reply #71 on: March 14, 2021, 08:05:51 PM »
A criminal case could be made if it was clear that the person intentionally destroyed enough of the landlord's property (depending on law in that jurisdiction). But tenant damage is generally a civil matter.

Paul der Krake

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Re: Please help with scripts for getting a tenant to move out peacefully
« Reply #72 on: March 14, 2021, 10:30:31 PM »
Can the attorney figure out if the tenant has been receiving unemployment?

I know I'm not there and don't know anything about this dude aside from what's been posted here, but I just can't shake the feeling that this guy is just taking OP's parents for a ride.

Sibley

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Re: Please help with scripts for getting a tenant to move out peacefully
« Reply #73 on: March 15, 2021, 03:35:42 PM »
Tenant did not move out. Lawyer is filing for eviction tomorrow. Closing has been delayed but not completely cancelled, I don't know a new date yet. Parent's move is going forward as scheduled next week, only difference is dad will be staying at the house rather than going to my house. Mom and the cats are moving.

No indication that tenant is trashing the place. Past experience with the guy is he's a neat freak who really can't stand dirt/mess. No idea what the guy is thinking, but yes I would agree he's trying to take advantage of the parents. Thought is being given to the parents suing for back rent, etc. That hasn't been decided yet. Mom is feeling vincidive and wants to sue, the rest of us are more moderate right now.

All this of course was figured out while I was driving home. Thank goodness for bluetooth technology.

Michigan does have a bunch of unemployment stuff that's under review and it's plausible that tenant isn't getting any money. No idea if this can be confirmed.

Edit: And I got their taxes sorted out. Will hold off on filing for now for reasons not related to the newest stimulus, but at least they're done.
« Last Edit: March 15, 2021, 03:48:21 PM by Sibley »

brooklynmoney

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Re: Please help with scripts for getting a tenant to move out peacefully
« Reply #74 on: March 15, 2021, 08:37:53 PM »
Ugh I’m sorry they still have to deal with this. It must be super stressful.

ctuser1

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Re: Please help with scripts for getting a tenant to move out peacefully
« Reply #75 on: March 16, 2021, 07:14:21 AM »
No indication that tenant is trashing the place. Past experience with the guy is he's a neat freak who really can't stand dirt/mess. No idea what the guy is thinking, but yes I would agree he's trying to take advantage of the parents. Thought is being given to the parents suing for back rent, etc. That hasn't been decided yet. Mom is feeling vincidive and wants to sue, the rest of us are more moderate right now.

Random suggestion from a non-lawyer based on second-hand information from a different state:
Please focus on the eviction first, and worry about suing for back rent *after* your parents have physical possession of the property.

The best outcome is if the tenant does not show in the eviction hearing. If he does, and knows how to play the game, then (depending on local laws) he may or may not be able to cook up some sob story and stretch this for a very long time. I mentioned my train buddy upthread who had to fight this with a "professional tenant" for > 1 year.

The back rent stuff may be peanuts compared to the financial damage the tenant still has the ability to inflict on your parents.

Sibley

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Re: Please help with scripts for getting a tenant to move out peacefully
« Reply #76 on: March 16, 2021, 10:10:33 AM »
No indication that tenant is trashing the place. Past experience with the guy is he's a neat freak who really can't stand dirt/mess. No idea what the guy is thinking, but yes I would agree he's trying to take advantage of the parents. Thought is being given to the parents suing for back rent, etc. That hasn't been decided yet. Mom is feeling vincidive and wants to sue, the rest of us are more moderate right now.

Random suggestion from a non-lawyer based on second-hand information from a different state:
Please focus on the eviction first, and worry about suing for back rent *after* your parents have physical possession of the property.

The best outcome is if the tenant does not show in the eviction hearing. If he does, and knows how to play the game, then (depending on local laws) he may or may not be able to cook up some sob story and stretch this for a very long time. I mentioned my train buddy upthread who had to fight this with a "professional tenant" for > 1 year.

The back rent stuff may be peanuts compared to the financial damage the tenant still has the ability to inflict on your parents.

One way or another, there won't be a lawsuit. Can't get blood out of a stone.

Sibley

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Re: Please help with scripts for getting a tenant to move out peacefully
« Reply #77 on: March 17, 2021, 05:55:31 PM »
Closing rescheduled for next week Tuesday 23rd. Eviction paperwork has been filed, that's all I know.

Sister and I are kinda assuming that the sale is going to fall through. Our plans don't change either way. The stuff to be moved is being loaded onto the truck next week. Parents (and cats) are going to stay at the house, at least for now. There's enough that isn't moving that they'll be ok. (this is parent's decision) There will be some logistical complications, not least because some  addresses have already been chanced to my house, but we should be ok.

maizefolk

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Re: Please help with scripts for getting a tenant to move out peacefully
« Reply #78 on: March 17, 2021, 07:20:53 PM »
Given how fast and tight most real estate markets seem to be in the country right now, I would be more optimistic that the buyers will be willing to wait rather than have to go back on the market, stress about whether they will find another suitable property, and probably end up paying significantly more.

Sibley

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Re: Please help with scripts for getting a tenant to move out peacefully
« Reply #79 on: March 17, 2021, 07:29:37 PM »
Given how fast and tight most real estate markets seem to be in the country right now, I would be more optimistic that the buyers will be willing to wait rather than have to go back on the market, stress about whether they will find another suitable property, and probably end up paying significantly more.

Strong possibility. We don't care either way honestly, sister and I are making plans which will cope either way.

alcon835

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Re: Please help with scripts for getting a tenant to move out peacefully
« Reply #80 on: March 18, 2021, 06:16:50 AM »
Given how fast and tight most real estate markets seem to be in the country right now, I would be more optimistic that the buyers will be willing to wait rather than have to go back on the market, stress about whether they will find another suitable property, and probably end up paying significantly more.

Strong possibility. We don't care either way honestly, sister and I are making plans which will cope either way.

Another positive spin - even if it does fall through, the extreme buyer-friendly market means your parents almost certainly won't have trouble selling the place once the tenant is out.

Sibley

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Re: Please help with scripts for getting a tenant to move out peacefully
« Reply #81 on: March 19, 2021, 08:55:24 AM »
Ok, this is just funny. Dad for some reason was looking at the estate sale ads, and they found the rental address. Tenant is having an estate sale on Saturday. Realtor is going to have someone from the office go and see if they can find anything out. And they'll also have a chance to check condition.

SunnyDays

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Re: Please help with scripts for getting a tenant to move out peacefully
« Reply #82 on: March 19, 2021, 09:44:05 AM »
Ok, this is just funny. Dad for some reason was looking at the estate sale ads, and they found the rental address. Tenant is having an estate sale on Saturday. Realtor is going to have someone from the office go and see if they can find anything out. And they'll also have a chance to check condition.

Maybe the renter realizes the jig is up and plans to live in his car, where he won't need furniture.  Hopefully, he's not trying to sell your dad's property.

Villanelle

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Re: Please help with scripts for getting a tenant to move out peacefully
« Reply #83 on: March 19, 2021, 10:11:49 AM »
Ok, this is just funny. Dad for some reason was looking at the estate sale ads, and they found the rental address. Tenant is having an estate sale on Saturday. Realtor is going to have someone from the office go and see if they can find anything out. And they'll also have a chance to check condition.

That actually seems like a decent sign to me.  It indicates he's probably preparing to move.  Hopefully. 

alcon835

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Re: Please help with scripts for getting a tenant to move out peacefully
« Reply #84 on: March 19, 2021, 12:50:42 PM »
...Hopefully, he's not trying to sell your dad's property.

This! Someone needs to make sure nothing of your parent's is being sold...

Sibley

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Re: Please help with scripts for getting a tenant to move out peacefully
« Reply #85 on: March 19, 2021, 03:28:12 PM »
...Hopefully, he's not trying to sell your dad's property.

This! Someone needs to make sure nothing of your parent's is being sold...

Shouldn't be a problem, there are doors, locks, etc. My parent's things simply aren't accessible. The worst that could happen is a couple of window A/Cs could be sold off, and while that would be unfortunate, it wouldn't be the end of the world. They were going to stay with the house/be sold anyway. And the company doing the sale is a legit one. I found the ad, and looking at the pictures, it really looks like he's selling pretty much everything. I'd share it, but you know, privacy.

Court date for eviction is set, 4/7. Closing was rescheduled to Tuesday. Cross your fingers the guy leaves sooner than that.

Zamboni

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Re: Please help with scripts for getting a tenant to move out peacefully
« Reply #86 on: March 20, 2021, 04:01:19 PM »
Many estate sale companies have a mechanism for removing unsold items at the end of the sale (through offers to purchase in bulk at the end and/or donation trucks that show up to pick up remaining items). So, it really does seem possible that the place will be completely empty by Monday, which would be excellent news for your parents.

AMandM

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Re: Please help with scripts for getting a tenant to move out peacefully
« Reply #87 on: March 23, 2021, 08:50:04 PM »
I was thinking about your parents today, @Sibley. Were they able to go to closing? Did the estate sale go smoothly? If the tenant sold everything, did he move out or is he staying in the empty house?

Sibley

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Re: Please help with scripts for getting a tenant to move out peacefully
« Reply #88 on: March 26, 2021, 04:23:41 PM »
@AMandM  Damn tenant is still there. Closing was extended again to mid April. Not yet scheduled though. I just got home today from their house, the movers came Thursday and everything they're keeping got loaded up. Parents are basically camping out in the house. There's enough that they're not keeping that they're ok for a few weeks.

Based on the timing that I'm aware of, if things get to the throw his crap on the curb stage, we're thinking that will be 4/20ish or thereabouts. My sister gets the really fun job now - realtor doesn't think we'll really be able to extend possession after closing much to have a sale, so we need to figure that out. Or rather, she gets to figure that out.

Tenant didn't sell everything in his sale. Apparently he has a greatly inflated opinion of the value of his things. In fact, he called the police to complain about the estate sale company he used. Then while I was there this week, they showed up and removed various things, as well as had an argument on the front lawn. The tenant is not making many friends.

Also, it turns out that my parents have no idea how to move long distance, pack a truck, or wrangle cats during a move. Of course mom argued with me all day and on several occasions told me to stop treating her like a child. I got fed up at some point and told her to stop acting like a child. Which at least got me some peace for a bit. The next day though, I think she'd had a chance to reflect and had some realization that everything that had worried or surprised her, I had either predicted or planned for. Probably doesn't help much, but maybe when the cats get moved she'll listen to me!

Villanelle

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Re: Please help with scripts for getting a tenant to move out peacefully
« Reply #89 on: March 26, 2021, 05:16:26 PM »
@AMandM  Damn tenant is still there. Closing was extended again to mid April. Not yet scheduled though. I just got home today from their house, the movers came Thursday and everything they're keeping got loaded up. Parents are basically camping out in the house. There's enough that they're not keeping that they're ok for a few weeks.

Based on the timing that I'm aware of, if things get to the throw his crap on the curb stage, we're thinking that will be 4/20ish or thereabouts. My sister gets the really fun job now - realtor doesn't think we'll really be able to extend possession after closing much to have a sale, so we need to figure that out. Or rather, she gets to figure that out.

Tenant didn't sell everything in his sale. Apparently he has a greatly inflated opinion of the value of his things. In fact, he called the police to complain about the estate sale company he used. Then while I was there this week, they showed up and removed various things, as well as had an argument on the front lawn. The tenant is not making many friends.

Also, it turns out that my parents have no idea how to move long distance, pack a truck, or wrangle cats during a move. Of course mom argued with me all day and on several occasions told me to stop treating her like a child. I got fed up at some point and told her to stop acting like a child. Which at least got me some peace for a bit. The next day though, I think she'd had a chance to reflect and had some realization that everything that had worried or surprised her, I had either predicted or planned for. Probably doesn't help much, but maybe when the cats get moved she'll listen to me!

There are usually companies that will come and take every thing away.  They won't give you any money for it, but they will take it all and sell what they can.  Having that set up for the day after closing, once you are certain when closing will be, might be the best way to go. 

Frankies Girl

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Re: Please help with scripts for getting a tenant to move out peacefully
« Reply #90 on: March 26, 2021, 05:46:12 PM »
So has the tenant been officially served and has been told get out by this day, or we'll throw your crap in the street (nicely I'm assuming, but that's what should happen right?)

I can't imagine what he's thinking here. He's incapable of finding ANYTHING - fast food/cashier/shelf stocker - that could bring in enough money and go rent a room somewhere until he gets a better job? He has it appears spent this time not working, not looking, thought he'd make 50K off of selling his crappy apartment stuff, and is going to have no job and an eviction on his record now, and I assume shitty credit to boot. He may end up living in a cardboard box and it is going to be his own damned fault.

I am so sorry your parents are having to deal with this and you and your sibling as well. Sounds just so frustrating and would be a constant jangle of stress to me...

AMandM

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Re: Please help with scripts for getting a tenant to move out peacefully
« Reply #91 on: March 26, 2021, 06:34:29 PM »
Oh, man, Sibley, what a rotten situation. I am so sorry.

Sibley

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Re: Please help with scripts for getting a tenant to move out peacefully
« Reply #92 on: March 26, 2021, 07:21:32 PM »
So has the tenant been officially served and has been told get out by this day, or we'll throw your crap in the street (nicely I'm assuming, but that's what should happen right?)

I can't imagine what he's thinking here. He's incapable of finding ANYTHING - fast food/cashier/shelf stocker - that could bring in enough money and go rent a room somewhere until he gets a better job? He has it appears spent this time not working, not looking, thought he'd make 50K off of selling his crappy apartment stuff, and is going to have no job and an eviction on his record now, and I assume shitty credit to boot. He may end up living in a cardboard box and it is going to be his own damned fault.

I am so sorry your parents are having to deal with this and you and your sibling as well. Sounds just so frustrating and would be a constant jangle of stress to me...

Multi step process. Suit has been filed, court date is set. If judge grants the eviction order (or whatever it's called), tenant has 10 days to get out, if he doesn't then they go back to court and get the throw-the-stuff-on-the-curb order. We're thinking later in April if we get to that last stage.

Based on a random convo I had with a guy at the little food market a block away, I suspect tenant has some mental issues or something that results in recurring self-sabotage. He actually has somewhere to go, and a vehicle to get there. I've heard that it's not the greatest option in the world, but he could have spared himself all of this. At this point, he owes my parents/has cost them something like $15k in total. And he's broke, so even if they sued him, there's nothing to get.

Sibley

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Re: Please help with scripts for getting a tenant to move out peacefully
« Reply #93 on: March 26, 2021, 07:25:07 PM »
There are usually companies that will come and take every thing away.  They won't give you any money for it, but they will take it all and sell what they can.  Having that set up for the day after closing, once you are certain when closing will be, might be the best way to go.

That's an option. Sister is handling it. We have a friendly contact with a local estate sale company, she's going to talk to him, give him the current situation, and get his recommendation. I told sister that I'm perfectly content with a cash-neutral option if that's the best we can do. We're running out of time, and we have to clear the house.

SunnyDays

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Re: Please help with scripts for getting a tenant to move out peacefully
« Reply #94 on: March 27, 2021, 09:55:09 AM »
He's not totally broke if he owns the car.

mozar

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Re: Please help with scripts for getting a tenant to move out peacefully
« Reply #95 on: March 27, 2021, 11:26:41 AM »
I suppose if you're down and out already, having an eviction on your file doesn't matter to you. I've been surprised by how many tenants I've had who didn't know what an eviction was, legally speaking, and how it could affect their lives.

calimom

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Re: Please help with scripts for getting a tenant to move out peacefully
« Reply #96 on: March 27, 2021, 11:31:33 AM »
Oy, he sounds difficult at  best. Hopefully  this will end reasonably well, but he's sure not making anything smooth.

Sibley

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Re: Please help with scripts for getting a tenant to move out peacefully
« Reply #97 on: March 27, 2021, 04:32:07 PM »
Well, this is a TERRIBLE idea, but it's happening and nothing I can say or do is going to stop it. I'm just grateful that my sister has to deal with it and not me.

Sister talked to the estate sale guy, and he doesn't think it makes sense to do a sale, but instead just donate everything. Sister then talked to parents and mom is adamant that there will be a sale. So, mom is doing a sale. Basically, a glorified garage sale. April 9 and 10. Then, anything that doesn't sell, sister will arrange for donation pickup.

Thank god this isn't my problem. I won't even be there. The only thing I'm going to do is ask my friend in town if his VFW has tables that could be borrowed/rented for a couple days to put things on.

Zamboni

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Re: Please help with scripts for getting a tenant to move out peacefully
« Reply #98 on: March 27, 2021, 08:11:02 PM »
Sounds like they are moving anything that has real value, which makes sense.

If the garage sale gets properly advertised and set up, then they will likely make a buck or two if things are priced right. Maybe even a couple of hundred if they have lots of stuff and your mom likes to haggle and strike a deal.

In any event, it is a ton of work just hauling stuff outside, but if you don't haul things outside it probably won't work because people will just do a drive by without stopping. Lol, I hope she's an early bird! You are wise to stay far away.

Sibley

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Re: Please help with scripts for getting a tenant to move out peacefully
« Reply #99 on: April 05, 2021, 05:32:19 PM »
Ugh. Please cross your fingers.

Tenant has a lawyer. No idea how he got a lawyer if he can't pay the lawyer, but ok. Tenant's lawyer called parent's lawyer last week and was trying to do the "woe is me" act. Unsuccessfully. Well, now tenant has requested a jury trial. The judge on Wednesday will decide if that is to be granted, apparently it's if he thinks there's a question of fact vs question of law. Jury trial would drag things out of course.

Glorified garage sale is Friday and Saturday this week. Sister is there, helping with that.

Closing has been extended again. The buyer wants the house for the location (next door to grandkids), so best guess is as long as buyer has flexibility, they will wait.