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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 36586
Experience:  16 years real estate, Realtor. Landlord 26 years
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I have a case whereby I won a judgement to evict someome.

Customer Question

I have a case whereby I won a judgement to evict someome. Now it seems that this person gets SSI, has minor children an now has involved CPS because they have failed to find housing by the date in which they were supposed to leave. I have scheduled another hearing to bring this matter before the judge as was requested. The caseworker has not listened when I spoke about property destruction. Can I be forced to renovate the property & be made to let them stay? Do I have the option to close the property until I complete the renovations?
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Can you tell me what the reason was that you filed to evict them? (late rent?)

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Have you actually gotten a writ of possession yet to have the Marshall come and physically evict them?

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Or is this what the next hearing is for?

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Or did they file a motion to have the eviction postponed due to their problem in finding housing?

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What does you doing repairs to the property have to do with the eviction?

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thanks

Barrister

Customer: replied 9 months ago.
Initially I had a written agreement with the person whereby they were supposed to pay the water bill. She paid it one time. After that I endured a disconnection. Now when I say anything to her my walls have gouged out scratches, my new fridge is scratched & she just started cleaning her living space. I now have a serious roach infestation because of this. She failed to abide by the signed agreement that was created in the ladt hearing. Since she made contact with the caseworker she had taken this person throughtout the house to point out discrepancies to take the light off of her noncompliance. The renovations were not mentioned in the hearing. No they have filed a motion. Instead they are using the fact that they have minor kids in hopes of me being made to allow them to stay. I assume that this next hearing is a decision to involve the marshalls.
Customer: replied 9 months ago.
Depending on the outcome do I have an option to close my house? I cannot endure further property destruction. They have put food in the ceilings, cracked the sink in the powder room, kicked in doors. It seems that she has no account ability yet I am being questioned on when the repairs will be done by her caseworker.
Expert:  Barrister replied 9 months ago.

Ok, if they have violated the lease by failing to pay and damaging the property, then the fact that they can't find another place to take them shouldn't' prevent you from moving forward. It is not your fault that they are bad tenants and no one wants them and their children..

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So you need to strenuously object to any motion for a stay because they have essentially created their own problem by living the way that they live. This is the way the system works for people on public benefits...the agencies that pay their bills expect the landlord to give them a nice place to stay despite the fact that they live like animals and have no respect for the landlord's property.

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I speak from 26 years experience as a landlord and I refuse to rent to these type of people on public assistance because they have zero respect for the property and tend to be filthy and end up costing more in the long run in repairs and stress..

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But as for closing the dwelling, it is unlikely that the judge would allow you to just put them out and much more likely that you would be required to put them up in a nice hotel until repairs were made and they could move back in..

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So you need to focus on getting them out of the property and explain to the judge how they have treated the place and that they have created the conditions that they are now complaining about and forcing you to have to come in and repair..

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thanks

Barrister

Customer: replied 9 months ago.
Social security is not the same as public assistance. So for now I have to go to the hearing & find out what else I can be made to do. Thank you for your assistance with this matter.
Expert:  Barrister replied 9 months ago.

SSI is for impoverished individuals, but it it just a payment to them and doesn't normally involve an individual caseworker. So that must be through the CPS system and they may be thinking about removing the children from the home if the mother is not taking care of them..

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But regardless, that legally is not your problem. You have a contract with them that the tenant has violated and you are entitled to enforce the contract and force them out of the property so you can make repairs and move on to a hopefully better tenant..

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So push the judge to reject any stay as their problems being forced on you when you have no legal duty to solve the tenant's issues...

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thanks

Barrister

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