DomAviator
Posts: 1253
Joined: 4/22/2008
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quote:
ORIGINAL: Alumbrado
Yes there are ways to evict problem tenants, and yes their are ways around some defenses to being evicted. Sometimes it seems that the cards are stacked in favor of the landlord.. But things aren't as you have described them.
If you try to evict someone without following the law,such as instant eviction for nothing more than crayon on the walls (your exact words were "Kid colored on the wall? Youre out."), no deputy or licensed agent will perform the set-out if they want to keep their jobs.
And if you do the set-out yourself, or try your 'calling in a meth lab' gimmick on people who haven't committed any crime, you are bragging about criminal behavior ranging from burglary to fraud, so who cares about your legal opinions?
And finally, heaven help you if you were to try any of these gimmicks in the real world, and the tenant or anyone living with them knew their rights... especially if they were were ADA qualified... (any of your tenants or their spouses or kids collect SSI?). For you to even think about the stuff you've bragged about here would be an open and shut case for any ADA lawyer who got wind of it.
This seems to be a regular habit with you, memorize a few buzz words from a technical area, throw in some impressive sounding big money claims, and draw to the extremes to flesh out superstitious and scary sounding mumbo-jumbo about how no one has any rights.
You might fool a lot of the people a lot of the time with that stuff, but on a forum this broad, someone is going to know the facts in certain areas, so get used to being called on it.
Alum, as for my "calling in a meth lab unit on people who havent committed a crime, GEE lets look at what I said again:
"When you are driving around with a 100 Club sticker on the cars, how hard do you think it is to get a cop to go check for the "meth lab you think you might have seen" only to discover that a half a dozen of the people in the unit have warrants, or drugs, or any of a number of violations that will buy them some time out of your property hence rendering it "abandoned" and "arrears in rent."
Notice the bolded red part??? Now, if the nice officer is leading people out of the house in cuffs they have indeed committed a crime! The "I think I might have seen" provides probable cause for the officer to go knock on the door.... Once the door opens and the place smells like a Jimi Hendrix concert hes got his probable cause to go call for a dog and toss the place... When you are a slumlord it is a pretty safe bet that your tenants, and/or the other 23 people in the unit who arent on the lease you know the ones "visiting" for three months, are in violation of some law (even if that law is the one preventing probationers from congregating).
Afterall, in my town / section of the city the nice law abiding productive people don't rent. My community, is 90+ % owner occupied and most of that remaining 10% is gated communities or corporate owned rental units for long term staff. So is the next town, and then it degrades out to like 85%, 73 % and so forth off into slum country... Thus, the tenants in the community where I have the rentals are what we affectionately call "worthless subhuman debris"... If they were not, then they wouldnt be renting that shithole from me. Ok, nobody in their right mind would rent from me or live THERE. (Unless of course they were shit, and wanted to live with all the other shit.) People who matter, would go rent a nice place in a nice community and they would not piss off their landlord hence making it unneccesary for them to ever be evicted. While my house was being built, I did a six month lease in a gated community thing and I wasnt evicted nor was anyone else I know... However, even that lease was CLEARLY in favor of the property management and in it I waived numerous rights. I didnt care, I was only going to be there six months and in reality only stayed 4. (I spent the remaining 2 months using it as a "crash pad" to bring home "dates" (read "hookers from craigs list ") who I didnt want coming to my real home. )
Now I am done arguing with you about it. People CAN waive rights, and a smart landlord has a lease drafted that does so, rather than the standard TREC form. People have rights, in theory, unless they waive them. However, if someone is sneaky enough and mean enough, there are ways around their rights - waived or not. A tenant whose who fucking family is sitting in the ICE jail awaiting their deportation is not going to need to be evicted. A tenant whos parole has been violated and who is now going to the pen for the next 4 years is not going to be a problem eviction. As for the other stuff, if they fuck around with the wiring / accumulate garbage or otherwise create a situation in which the building is unsafe not only am I in my rights to have it instantly declared "unsuitable for human habitation" by the fire chief or code enforcement officer but I would be liable if I failed to do so. Thats to protect my ass, because if the fucking place burns down because they stole the Romex out of the walls and are now using extension cords I WILL BE SUED IF THEIR KIDS PERISH IN THE FIRE. So, I have the certificate of occupancy pulled and out they go - IMMEDIATELY. The United Way can put them up tonight because the code enforcement officer says they cant stay. Its not me saying they have to get out, its the fire chief / fire marshal / code enforcement officer. Then they need to get their shit out so the contractors can work... Of course scheduling conflicts mean that the contractors will take a while to get the job done and to get the required inspections... Meanwhile, they move on. Its not an "eviction" but the end result is the same - I got their asses out of my property and started rehabbing it.
There are always ways around the law. Its a chess game and the question is who is the better strategist, who is smarter, and who is meaner. Plan A - Spend $5000 in legal fees to get them evicted or plan B go talk to a cop and have the matter end with them on an airplane back to whence they came and me taking the abandoned property they left behind to an auction to sell. Would it work with NASA engineers? Hell no! But NASA engineers would be buying houses in Clear Lake not renting a shithole from me....
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RE: Renters and foreclosures - 
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) I mean Jesus Christ, I have a Lycoming aircraft engine on a rebuilding stand in my garage - but before it came home it got degreased, pressure washed, went through the parts washer inside and out and got glass bead blasted. I sure as hell wouldnt drain automatic tranny fluid and strip a greasy tranny in my kitchen... You can just imagine what the rest of the place looked like....
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