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Re: Too late but Debbie was right - Landlord Forum thread 168427

Re: Too late but Debbie was right by Terry (ca) on January 6, 2009 @17:03

                              
Monica...your "explanation" about your "grace" period did not make much sense but a seven day one is too long unless state law mandated.

You start eviction on the first day or two you legally are allowed to in your state.

You do NOT do anything that a liberal judge might find to be harrassment such as repeatedly calling them for rent, going by for it, entering the premises, etc. There is no need to do an inspection at this point until they are out. They have possession.

I've been doing this thirty years now...and post advice I have learned via some of the top eviction attorneys in the country. You don't need to know if they are in the process of moving out. You knew they were still there. Your and your husband's unwillingness to evict is not the fault of the tenant. You are giving them control by doing so AND hurting your chances in court also by doing this and delaying the inevitable. Why bother having a rental agreement if you don't enforce it. Judges frown on LL's who ignore their own rental agreements then suddenly want to enforce all of the terms they ignored for months/years.

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Re: Too late but Debbie was right by Monica on January 6, 2009 @17:13 [ Reply ]
You are completely right. This situation has gotten way out of hand because of my husbands actions. He has allowed this tenant to continue to take advantage of us and it's only getting worse because he doesn't think we will ever evict him. And my husband thinks he will eventually pay up, hence, no need to evict. I would like to evict him just to be done with him.

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