10-07-2016, 10:09 PM
Yup Cary is right. Having been a landlord for several years, it can be quite difficult, getting rid of a freeloader. And the police have no jurisdiction too, it's all civil.
If a police officer does get involved, he can be held liable too. The ball can bounce in so many different directions you do need to know the rules, or else.
However, nobody said you can't play poker.
You can not intimidate the tenant or you could get the police involved in criminal charges, against you. Her best weapons are what the freeloader doesn't know.
I always had an in-house, rent included, maintenance guy who understood that, if the employment was terminated, by either party, out they go. These types of people were always short lived. Most were honeymooners that 50% couldn't hold up their end past the typical longest 'honeymoon' employment period, 60 day mark. I never had the problem yet, that's because I continuously played a good bluff.
I could go on and on of so many different bluff hands I used, that worked, but then I might, sort of, incriminate, or open a civil liability on myself at the same time. lol. Actually the statue of limitation is expired, but, I knew the laws and you'd be surprised how even the toughest freeloaders are just idiots who are also bluffing, and, really, haven't a clue as to what they, and I, can and or can not do. I even have 1 or 2 bluffing clauses in tenant and employment contracts that I knew would be tossed out, but, and, it's not against the law to bluff. Unless you actually try and do the dumb bluff. For example; I had the clause which said; Paraphrased: 'after giving 10 day notice to quit, I could remove their possessions, change the lock, boot em to the street.' That's illegal and I'd have to be an idiot to play that card, yet, as long as a tenant believed it, it's fair play. I'd post the notice on door, and if possible serve it with a witness, if they didn't sneak out the back door, or bail when not looking; when moving just 1 or two things out, as some will just pretend to be, or try and delay you. I'd have a witness while they're at it, and sometimes help em move with a smile because, once they handed over the key, game over. In reality 10 day notice to quit, is part of the formal eviction process, at the expiration I'd have the right to file for eviction. Yet, does ya thunks I'd tell the losers that? [grin] Plus, a bluff or two were good tell-tail points during initial interview sessions. I.E. If I was interviewing a player, they'd grin or show some sign that they knew better.
Of the coolest bluffs, on tenants, was to file in small claims courts. It can be the fastest appearance date and absolute cheapest way to go too. Of course, you do have to know your opponent in this game or you'll just waste more time. Because, you may win the issue, be awarded the debt but, it's not an eviction process, only a cheap and quick low end bluff. Regardless, it was 100% effective for me. They never showed up, and moved before the hearing. I'd win by default but those are uncollectible anyways. the value was, getting the dopes out, not the debt. lol. I had 1 player who tried to counter sue and when he lost the small claims court filed an appeal. So, I played a few more bluffing cards against him whereby, once I convinced him I'd win that too, he bailed, and didn't show on the appeal hearing. even that 'player' didn't realize I hadn't won a single thing. [smiling] I mean, yeah you win right? Yeah good luck stalking them, serving em again or discovering where they're living or working and enforcing the debt,, good luck on that deal. ;(
Anyways, Yes, Cary is correct, for the most part as, it also depends on the state. I can't speak for Hawaiian codes or statues because being a landlord sucks in so many ways, due to the protections freeloaders can use. Sure I won all of the issues I had, including the few whom I had to go through the whole process; eviction court, pay process servers, and, albeit, none required sheriff's. But, it can be quite disheartening and stressful dealing with people whom you trusted and then turn against you to cheat. I sold all my rental property more than 10 years ago. And even during the housing crash, homes were so cheap it was almost irresistible to buy , but, I didn't, it just sucks so much. Anyways, there can be exception clauses in employment agreements that can speed up the process to dump the chump. Legal valid clauses, but it's all still civil so, if you can't bluff em out, you're stuck until the judge gives em the boot too.
Verbal agreements are not your best defense.. Yet, to play a good game of poker, you have to fully comprehend what you can, have rights to do, and what you can't. Hence, written contracts are superior, not just in court, but, 2 great points. Your employee/tenant, and or simple tenant can't deny written words, it becomes the motivation for them to leave and cause less harm, plus!
also in convincing a freeloader your bluffs are valid. [wink]
If a police officer does get involved, he can be held liable too. The ball can bounce in so many different directions you do need to know the rules, or else.
However, nobody said you can't play poker.
You can not intimidate the tenant or you could get the police involved in criminal charges, against you. Her best weapons are what the freeloader doesn't know. I always had an in-house, rent included, maintenance guy who understood that, if the employment was terminated, by either party, out they go. These types of people were always short lived. Most were honeymooners that 50% couldn't hold up their end past the typical longest 'honeymoon' employment period, 60 day mark. I never had the problem yet, that's because I continuously played a good bluff.
I could go on and on of so many different bluff hands I used, that worked, but then I might, sort of, incriminate, or open a civil liability on myself at the same time. lol. Actually the statue of limitation is expired, but, I knew the laws and you'd be surprised how even the toughest freeloaders are just idiots who are also bluffing, and, really, haven't a clue as to what they, and I, can and or can not do. I even have 1 or 2 bluffing clauses in tenant and employment contracts that I knew would be tossed out, but, and, it's not against the law to bluff. Unless you actually try and do the dumb bluff. For example; I had the clause which said; Paraphrased: 'after giving 10 day notice to quit, I could remove their possessions, change the lock, boot em to the street.' That's illegal and I'd have to be an idiot to play that card, yet, as long as a tenant believed it, it's fair play. I'd post the notice on door, and if possible serve it with a witness, if they didn't sneak out the back door, or bail when not looking; when moving just 1 or two things out, as some will just pretend to be, or try and delay you. I'd have a witness while they're at it, and sometimes help em move with a smile because, once they handed over the key, game over. In reality 10 day notice to quit, is part of the formal eviction process, at the expiration I'd have the right to file for eviction. Yet, does ya thunks I'd tell the losers that? [grin] Plus, a bluff or two were good tell-tail points during initial interview sessions. I.E. If I was interviewing a player, they'd grin or show some sign that they knew better.
Of the coolest bluffs, on tenants, was to file in small claims courts. It can be the fastest appearance date and absolute cheapest way to go too. Of course, you do have to know your opponent in this game or you'll just waste more time. Because, you may win the issue, be awarded the debt but, it's not an eviction process, only a cheap and quick low end bluff. Regardless, it was 100% effective for me. They never showed up, and moved before the hearing. I'd win by default but those are uncollectible anyways. the value was, getting the dopes out, not the debt. lol. I had 1 player who tried to counter sue and when he lost the small claims court filed an appeal. So, I played a few more bluffing cards against him whereby, once I convinced him I'd win that too, he bailed, and didn't show on the appeal hearing. even that 'player' didn't realize I hadn't won a single thing. [smiling] I mean, yeah you win right? Yeah good luck stalking them, serving em again or discovering where they're living or working and enforcing the debt,, good luck on that deal. ;(
Anyways, Yes, Cary is correct, for the most part as, it also depends on the state. I can't speak for Hawaiian codes or statues because being a landlord sucks in so many ways, due to the protections freeloaders can use. Sure I won all of the issues I had, including the few whom I had to go through the whole process; eviction court, pay process servers, and, albeit, none required sheriff's. But, it can be quite disheartening and stressful dealing with people whom you trusted and then turn against you to cheat. I sold all my rental property more than 10 years ago. And even during the housing crash, homes were so cheap it was almost irresistible to buy , but, I didn't, it just sucks so much. Anyways, there can be exception clauses in employment agreements that can speed up the process to dump the chump. Legal valid clauses, but it's all still civil so, if you can't bluff em out, you're stuck until the judge gives em the boot too.
Verbal agreements are not your best defense.. Yet, to play a good game of poker, you have to fully comprehend what you can, have rights to do, and what you can't. Hence, written contracts are superior, not just in court, but, 2 great points. Your employee/tenant, and or simple tenant can't deny written words, it becomes the motivation for them to leave and cause less harm, plus!
also in convincing a freeloader your bluffs are valid. [wink]