Landlord Question and Answer Forum

I have a tenant who has not paid rent for 5 months now. I won an eviction in small claims court - but they appealed! No grounds - just appealed. I can't for the life of me understand how if they admit to the judge that they haven't paid rent and that is the only issue addressed how they can ask for and be granted an appeal! Anyway the appeal goes to Superior Court and I had to refile my complaint, wait for an answer that never came so I filed a Request for a Default Judgement and Eviction - low and behold the tenant had filed an answer but never served me with a copy. I have now requested a hearing on my complaint. These tenants really know their way around the system. I was notified by the board of health and the city code enforcement today that there are now multiple violations (all by the tenants) for which I am responsible! They are not setting their garbage out for trash pick-up - they are piling it in my yard! Also, they are spray painting cars next to my white vinyl sided house! I am stuck - I can't fix the problems and am being fined daily and I can't make them move! I need help - Anyone have any advice - besides hire an attorney which I can't afford because I am not getting rent payments and my husband has been out of work for over a year.

I'm so sorry Brenda. These kinds of nightmare stories are exactly why every landlord needs to run credit and eviction histories on every tenant for every rental application. As for your situation, all you can do is get them into court as fast as possible, and get them out of the property the legal way. Bring all of your evidence with you to court, showing that they are playing the system and trying to have you hit for fines that they've caused (bring in your photos, etc). Unfortunately, this is going to just end up being a very expensive lesson, and a tax write-off, but who knows, maybe it's worth hiring a collection agency to collect the judgment you win by garnishing their wages, etc.

Posted by Gregory T, CA on Monday, October 25, 2010

You should also be able to report them to the Department of Consumer and Regulatory Affairs. Maybe you can even reprot them to the Health Department. Good Luck!

Posted by Debra C, MD on Friday, December 3, 2010

Cut the water, power, and any and all utilities off. If it's cold there (duh it's Indiana), they 'll seek shelter on another host. If that doesn't work let them meet Mr Smith and Mr Wesson. It seemed to do the trick for me.

Posted by John L, AZ on Friday, December 3, 2010

I finally had my day in court - the judge ordered them out by noon on December 13th (gave them 2 weeks to move!) We'll see if they actually do. They told the judge that they were going to appeal again! The neighbors did report them to the board of health and to city compliance for violations - but that all comes back on me in the way of fines and liens. The utilities are in their name but even so here in Indiana it is illegal to cut off utilities for non-payment.

Posted by Brenda A, IN on Saturday, December 4, 2010

Now I know never to buy a rental property in Indiana. This story just turns my stomach. In New jersey- non payment of rent means you are evicted. End of story. It takes a while- but you do get them out in a couple of months. The key is once they are past day 5, file for eviction. If they are taken aback by this action, then it sends them a message to not be late again.

Posted by Don P, NJ on Sunday, December 5, 2010