I posted stories about a couple Property Management Memories in the last two weeks. Now, I just thought of some more.
The term Professional Deadbeat tenant was in one article. Yes, there are many of these people in your area, and when some move away, others rise up to replace them.
#1 They will try to avoid service at all costs, and some develop excellent creative evasion methods. Learning the manager’s movements, parking away from unit parking, never visit the laundry room or other such areas, replace the locks with their own, paper the windows, offer a partial payment so you have to start over, hope to find errors in the lease, not take the notice when offered (the server should just drop it in their presence and say loudly what notice it is), make a claim that the property is untenable, not all people living in the unit were served, etc. etc.
#2 Next is the time for the Unlawful Detainer. Again, they will avoid service. Finally, you get them.
#3 The next delaying tactic is asking for a Trial Date. One claim may be that the Service was improper. This will probably require that you get an Eviction Attorney if you have been going solo. And there will be some requests for continuance.
#4 If they show up for the trial (and I have found this rare), they will have some other tenants as witnesses. Win your case with proper written evidence and lots of photos. Judges have a lonely job in eviction court; they love photos.
#5 Get your Judgment and File a Writ of Execution to remove everyone, including the John Does. Get the Writ served.
#6 Coordinate with the law enforcement unit that will handle the eviction and try to be there at the removal. Normally, they will allow the tenants five days to get out.
#7 Be ready to handle all personal property left behind and inventory properly. The disposal of property left behind can be a major problem. So many State regulations. Tenants will go to Small Claims Court and claim that you tossed some very valuable items. To be sure of the procedure necessary, check the California Association of Realtors forms and their informative Questions and Answers.
Many years ago, a manager called to report that a very dependable family of five had not paid their rent, and they had not been seen for many days. I considered this an emergency and went into their apartment. Everything was still there, everything. It appeared that they were halfway through a meal.
I waited the proper number of days. I would have had to inventory the entire apartment and store everything for a month. So I left the items in the apartment for the 30 days, advertised, and held the auction there. As my favorite radio announcer of all time, Paul Harvey, would say, I wonder what the rest of the story was about that family. They just disappeared. A mystery wrapped up in a conundrum.
#8 Celebrate.
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