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I sent my tenants a 3 day demand for possession on May 7,2014 by certified mail. On May 8, 2014 ,I received notice that the certified notice was left at their home to pick. On May 14,2014, I emailed them to inform the tenants a certified notice was mailed. They emailed and stated, we received the notice and waited for the post man to deliver on May 8,2014. They asked what the content of the letter was. They have not picked up the notice yet. I informed them to please pick up the notice. On May 14, 2014 ,I filed for eviction proceedings. I was sent a check that was NSF. The teller told me NSF. I informed the tenants and they told me they were sorry. They asked me, if I tried to cash instead of depositing the check. I was told they would let me know when the funds were transferred to the account the check was written on. They assumed no late fee or NSF charge would be requested. I filed for non-payment, and for lease being violated, due to ,clause for repairs. Later, I was mailed a water bill for the property. I can beat myself up for not making sure that they had the water changed into their names. They have been living in the home with the water in my name to pay. On May 19, 2014, the sheriff, left notice of my eviction notice. The tenant emailed that he had an Attorney. On today, he emailed that his Attorney told him to bring me a cashier's check and to have the water bill transferred. He never mention he also has violated the lease for repairs clause. I emailed back to him to not bring me any funds to me. I informed him ,to he should follow the Magistrate Court process. At 1:16pm today, someone was beating on my office door. We closed the office for lunch from 1-2pm. The tenant was on the door. He kept beating on the door. I never answered. I was surprised because, I had told him to not bring any money to my office ,due to, he left a check in my box ( not left in the box closed) for anyone to steal. Check not placed in envelop. At 3:33pm, my receptionist greeted a person who asked for me. She informed her she was a delivery person. She needed her to sign for something. She told her she could not sign. The lady then told her she would wait for me. I came out and informed the lady that my office was not a rental place. I informed her to please leave or I would call the police. I was surprised again by this action of the tenant. I called the courts and was told they have until Friday to respond. I was told, if he delivers the money my case would be closed. I was shocked because, I also filed lease was violated ,due to, clause not followed and they have violated the clause for repairs. I am a little nervous because I don't feel comfortable going to work, due to, I am not sure who they will have come at my job on Friday or what may happen. He did add in his letter , they intend to stay until the term of the lease is up. I feel this is wrong and would like for some help on how to handle. Thanks.
Angelisa S, GA on Thursday, May 22, 2014
RE: Eviction Process
I understand your concerns but I do not believe you can refuse to accept the payment due. If you filed for eviction on grounds of non-payment and other violations the case should not be dismissed simply because of the payment but you will need to seek legal advice to confirm. If it is dismissed you can always file again for the repair issue.
Posted by Daryl J, DC on Friday, May 23, 2014
RE: Eviction Process
Get an attorney, or learn the laws of your state. The clerk of the court can be helpful. Be aware it can take months to actually evict a tenant even for clear cause.... In order to evict, even in a case where the tenant NEVER paid any good funds (initial deposit and rent check bounced) it took me nearly 3 months to evict, and 5 court appearances. Over a year later I still have not been able to collect any funds. Welcome to the wonderful world of being a landlord. Seriously... hire an attorney. Don't wait.
Posted by Paul G, MD on Saturday, May 24, 2014
RE: Eviction Process
I would agree with the above posts. You need to hire an attorney to proceed with the eviction process. Even my property manager at Tropicana Realty, who handles such cases for me stated the same.
Posted by ryan h, TX on Monday, May 26, 2014
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