Anonymous wrote:

Anonymous wrote:Selecting tenants based on your “gut” is a recipe for discrimination

I doubt that would be an issue for me and I just generally don't live a fear-based mindset. If the tenant chose not to leave, I wouldn't rely on the courts to enforce it for me. Perhaps he could find emergency housing as a homeless person instead. I know other landlords who have taken this approach in the city and have been advocating that I go this route from the outset. My tenant is beyond 5 months rent outstanding, has a judgment, and will probably be evicted before he's even eligible to apply for ERAP again. I'm aware of the weather restrictions so I've been mentally prepared for eviction in the month of April.

You keep saying this but it is the easiest way to create real liability for yourself. There are a lot of lawyers who would be happy to take a pro bono case against a landlord who does a self-help eviction.

It would be incredibly stupid to wait 9 months and then do an illegal eviction.

If you want to move back in, it’s 90 days notice, in English and Spanish. It’s much easier to evict for owner use than nonpayment.

Anonymous wrote:

Anonymous wrote:Get a lawyer ASAP.

OP here. I have an attorney. I would not advise anyone to bother going through litigation without one. I sat through at least a dozen cases during my hearing and it was heart wrenching to watch for any plaintiff who wasn't fully prepared. The cases were typically dismissed. Tenants, on the other hand, were largely able to say that they lacked representation and were granted a continuance for 12 weeks later. I was one of two landlords with favorable outcomes.

What is your "tenant" saying for not paying rent ?

Anonymous wrote:Get a lawyer ASAP.

OP here. I have an attorney. I would not advise anyone to bother going through litigation without one. I sat through at least a dozen cases during my hearing and it was heart wrenching to watch for any plaintiff who wasn't fully prepared. The cases were typically dismissed. Tenants, on the other hand, were largely able to say that they lacked representation and were granted a continuance for 12 weeks later. I was one of two landlords with favorable outcomes.

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Selecting tenants based on your “gut” is a recipe for discrimination

I doubt that would be an issue for me and I just generally don't live a fear-based mindset. If the tenant chose not to leave, I wouldn't rely on the courts to enforce it for me. Perhaps he could find emergency housing as a homeless person instead. I know other landlords who have taken this approach in the city and have been advocating that I go this route from the outset. My tenant is beyond 5 months rent outstanding, has a judgment, and will probably be evicted before he's even eligible to apply for ERAP again. I'm aware of the weather restrictions so I've been mentally prepared for eviction in the month of April.

So that would be a year of non-payment (except for the two months where the city paid it?)

The city paid 5 months. So first month's rent, security deposit, and 5 months from the city.

Anonymous wrote:

Anonymous wrote:Selecting tenants based on your “gut” is a recipe for discrimination

I doubt that would be an issue for me and I just generally don't live a fear-based mindset. If the tenant chose not to leave, I wouldn't rely on the courts to enforce it for me. Perhaps he could find emergency housing as a homeless person instead. I know other landlords who have taken this approach in the city and have been advocating that I go this route from the outset. My tenant is beyond 5 months rent outstanding, has a judgment, and will probably be evicted before he's even eligible to apply for ERAP again. I'm aware of the weather restrictions so I've been mentally prepared for eviction in the month of April.

So that would be a year of non-payment (except for the two months where the city paid it?)

Anonymous wrote:Selecting tenants based on your “gut” is a recipe for discrimination

I doubt that would be an issue for me and I just generally don't live a fear-based mindset. If the tenant chose not to leave, I wouldn't rely on the courts to enforce it for me. Perhaps he could find emergency housing as a homeless person instead. I know other landlords who have taken this approach in the city and have been advocating that I go this route from the outset. My tenant is beyond 5 months rent outstanding, has a judgment, and will probably be evicted before he's even eligible to apply for ERAP again. I'm aware of the weather restrictions so I've been mentally prepared for eviction in the month of April.

Selecting tenants based on your “gut” is a recipe for discrimination

Anonymous wrote:Did you do income, credit and background checks before you rented out to this person?
I am curious landlord.

This was the first and only tenant that I didn't choose myself and I believe this was the difference. A credit and background check was performed but there wasn't anything derogatory information listed. I think this guy could have easily been snuffed out with streets smarts/common sense, however. I relied on property management since I was living out of the area. In the past, I've met all of my tenants and didn't always choose those with the best credit ratings. I selected based on character and gut. I ultimately wanted a decent, responsible person who will pay and not cause a burden to other neighbors.

In his case, there were two red flags. He wanted to move in IMMEDIATELY and he paid with a credit card, which I wasn't aware of. I would have never consented to credit card payment for the first month's rent and security deposit. I believe he was moving from another property prior to eviction proceedings when he applied for mine. The credit card payment should have been a red flag to my property management and disallowed for a first payment.

Hopefully this helps other landlords and I'm happy to answer any additional questions.

Worst case scenario is 4-6 weeks for the writ of restitution and 30-45 days thereafter for actual eviction by USMS.

No, this is your absolute best case scenario.

Anonymous wrote:

Anonymous wrote:Or it can be rescheduled if it's raining or cold out.

Cash for keys should have been offered back in October or earlier. Doesn't matter what judgement he gets, the lost rent might still be unrecoverable

I don't care about the rent as much as I disagree with rewarding bad behavior. Why the hell would delinquents stop doing this if landlords continue going this route? I'd self evict first and deal with a potential fine before I'd ever consider that. Paying him in October would have resulted in a loss equivalent to the lack of future rental income I currently have anyway. If I were to go outside of the courts, it would be to my immediate benefit. Tenant will have to figure out first month's rent and deposit without me or go live on someone's couch. Sucks that I will be out 8-9 months rent by this but I'll be fine.

For the sake of other small landlords, I will update just so that there's some information on how long this process can take. I know that it was difficult for me to find info. Worst case scenario is 4-6 weeks for the writ of restitution and 30-45 days thereafter for actual eviction by USMS.

No, that is best case scenario. This could get far far worse.

Pay him as little as you can get away with to move. Nearly impossible to evict.

Anonymous wrote:Just following up on this, OP here.

Court went well for me as a landlord. I was awarded a default and redeemable judgment at the Initial Hearing and am awaiting an eviction date from US Marshals Service (USMS) at this point.

I'm so thankful that I stuck to my guns and didn't pay him to leave. With the ERAP payments I received, the tenant will still be out with less than a year of outstanding payments.

To the PP, no I didn't wait 6 months to file. I filed twice, in fact, but the first request was dismissed pending ERAP payments which were ultimately awarded. The tenant was given 60 days to move without penalty thereafter but remained. Receiving a court date and then awaiting the initial hearing is what took the most time, almost 7 months in all.

He is not out yet. Report back when he actually vacates. You cannot evict him right now because of temperature so you are looking at March before temperature goes up and probably April before the Marshals clear the backlog from the winter. My guess is that he applies for ERAP again. Merely having a erap request prevents you from executing the writ. Whether he gets the erap funds or not your writ will expire. You will need to file again for a new writ (called an Alias writ) for failing to execute the old one quickly enough. The judge may or may not schedule a hearing to determine whether he should grant the new writ. He will grant it. The hearing could easily be in 2025.

Get a lawyer ASAP.

Anonymous wrote:

Anonymous wrote:Or it can be rescheduled if it's raining or cold out.

Cash for keys should have been offered back in October or earlier. Doesn't matter what judgement he gets, the lost rent might still be unrecoverable

I don't care about the rent as much as I disagree with rewarding bad behavior. Why the hell would delinquents stop doing this if landlords continue going this route? I'd self evict first and deal with a potential fine before I'd ever consider that. Paying him in October would have resulted in a loss equivalent to the lack of future rental income I currently have anyway. If I were to go outside of the courts, it would be to my immediate benefit. Tenant will have to figure out first month's rent and deposit without me or go live on someone's couch. Sucks that I will be out 8-9 months rent by this but I'll be fine.

For the sake of other small landlords, I will update just so that there's some information on how long this process can take. I know that it was difficult for me to find info. Worst case scenario is 4-6 weeks for the writ of restitution and 30-45 days thereafter for actual eviction by USMS.

The aggravation and a near guarantee he’ll trash your place is why