Easy Eviction? Hotel verses rental

[Bazz]

Why does the law require a rental property owner, i.e. landlord pay a $100 fee to get a civil warrant,, then wait, have it served, then wait until a court date, and then finally the judge will give the tenant another 2 to 4 weeks to vacate, by this time the place is trashed and the tenant has left the state? On the other hand, if the tenant was overstaying and not paying at a motel, even a long stay motel, they just call the sheriff and problem solved. Would the law be more on my favor if I didn't use a lease but rather go on a weekly or daily basis and accept the payment via credit card more like a motel or bed and breakfast? Would this work? Any suggestions on how to evict a little more in the landlords favor. Unfortunately I am a soft landlord and believe the sob stories until it goes into the second month of past due rent….then when I get serious, the tenants go from poor me to I'm gonna screw you and trash the unit. Thanks Bazz

 

[jharris352]

I feel for you man, I'm not a landlord for the very same reason. Why? The reason is that a residence is such a basic need. A rental is a longterm residence and people have a need to have a certain amount of stability in that need. The public interest is served by not allowing landlords to make homeless people out of their tenants for being marginally late. As a landlord you bear this risk.

In a hotel/motel your lodgers are temporary. All of their things are not in that room, it is not meant to be a permanent dwelling and the need for permanency is not as strong. Yes some people live in hotels but the principle is different.

As a landlord you know what you are getting into and you take those risks. That's what a deposit is for.

 

[Gail_in_Georgia]

One of the problems that soft hearted landlords have is that (and I know I'm going to sound harsh here) they often sit on their posteriors, hoping that tenants who owe rent money will finally pay up.

When they don't...and the landlord suddenly realizes they are being taken for a ride...they get angry and then want something done immediately. It doesn't happen that way and for the same reasons jharris pointed out.

In the past (and, likely even today) some landlords have...physically...kicked their tenants out, done illegal lockouts, turned off utilities, removed front doors and water heaters, etc.. All illegal in the eyes of the law. As a result, landlords have themselves to blame for the current laws protected tenants.

It doesn't particularly matter if you have a lease that goes week to week, month to month or yearly (or longer). While the notice to begin the eviction process can vary depending on when rent is late, the steps that must be undertaken to achieve an eviction remains the same for the state.

I am reminded of how my real estate agent (who is also a landlord) handles these things. He tells his applicants that he does not have a late fee included in his lease agreement. Rent is due on the first of each month and, if not received, the process of eviction is started on the second of the month.

Gail