Frustrated over neighbors

[Bea]

Hi, Guys
Some of you might recall a few weeks ago I posted about my neighbor who was locking her kids out of the house and telling them to come over here and use my phone without asking me if it was OK.  The good news is that I found out two weeks ago that they are being evicted.  The bad news is, they're still here.  And I have a question for you.

First of all, I noticed an official looking envelope stuck in their door about two weeks ago and thought it might be a notice.  A few days later, the landlord came over.  The kids next door (we are in a duplex, btw, and share a front porch) were apparently home alone and had called him because the plumbing wasn't working.  I was outside when he came and he stopped and talked to me briefly and said that the mother (whose name is on the lease) refuses to call him back and that they are three months behind on rent.  He said he has started court proceedings.  I couldn't believe the kids had called him... guess they either don't know or REALLY needed help with the plumbing.

Landlord's exact words to me were "I've done the court thing, the next step is calling the cops."  I have Googled this and can't seem to find any info on how long this procedure takes.  As you can imagine I'm eager to have them gone and I'm wondering if it's within etiquette for me to call the landlord and ask him how long exactly it will take before they are gone?  To tell the truth we are not comfortable here at all as long as they're here.  They come and go constantly, are noisy, we suspect illegal activity, etc.

What do you think?  Since it's affecting our quality of life is it OK for me to ask him for further details on the status over there?  We just want to know when we can look forward to them being gone and we also want to make it clear to him that we are not comfortable with them as neighbors, just in case that might help him get on it (a lot of the sites I read said that the speed of eviction depends on the landlord's promptness) and also in case they try to 'pay and stay' we want him to know we are looking forward to them leaving.

Where's the line between being nosy/ pestering him and finding out what is going on?  I wonder if I should be updating him on what's going on over there, too (i.e. all the in-and-out activity, a notice on the door from the electric company that their power is being shut off, etc.)  Are we out of place to ask?

[Rei-chan]

Luxie, I don't know what state you are in, but in NC, I believe that once the landlord goes to court and recieves a judgement of eviction, the tenant has around 30 days to get out.  It's really up to the judge.  If they persist (and at this point it would technically be squatting) then the LL can call the police and I think they can have the premises locked to keep them out.  I googled "Landlord/tenant eviction law" and came up with this site:

http://realestate.findlaw.com/tenant/

When I clicked on a link, it asked me for a location, so maybe that will get you started in the right direction.

As to getting involved, I wouldn't ask too many questions, maybe you could write him a detailed letter (which might help with the eviction if he has tenant complaints about these people) stating your worries about the situation and the need for a quick response to the situation as you are thinking about relocating if they stay too long.

I've been through this kind of thing before (and got the neighbors in that situation evicted) so I know how frustrating it can be.  It took time though.  Be polite, but persistent and you will get what you want.

[NOVA Lady]

It seems like you're renting from a private owner who might be easier to approach then a larger corporation. I might catch him the next time he is around/ or the next time you contact him for whatever and express your discomfort with the neighbors.

I think after a court ordered eviction notice they have between 5-30 days (depending on state) to remove themselves and their property from the premises. After that the landlord can have the police go with him to the property and reclaim it and remove their belonging, etc.

Good luck, but a cruddy situations. I'll be crossing my fingers for you getting better neighbors in the future!

[Heavenly]

30 days is pretty standard anywhere you go, but if the situation is really bad the landlord can request a shorter eviction period.

One of our duplex neighbors were given 3 days.  They were nice to us, but waaaaaayyyyy behind on their rent and pretty much trashing the place.  Turns out they were planning on ditching the landlord and moving with no forwarding address, but he got there first.

[dawbs]

In my state it takes at LEAST 30 days (barring evictions for "being a danger" which can take place in 7).

And (from experience) if, the landlord has accepted any form of partial payment, add another 60 days or so to the entire ordeal.

As a landlord, he likely needs to know about the electric co (and probably does), and that other tenants are unhappy. (because yes, if the landlord pushes things, it will go much much faster than if the landlord does not)

Edited to add pertinent info

[willow08]

I think that you waited a reasonable amount of time. It's understandable that you want them gone. If they aren't gone within the next month, I would definitely follow up with your landlord, mentioning that their presence is diminishing your desire (you, who pay your rent on time) to stay in the duplex.

[auntmeegs]

I wouldn't say anything to the landlord, because it is eventually going to be over.  As uncomfortable as you are right now, think about those poor children having horrible parents and no home. 

[housewife2k]

Depending on the state you are in, it could be anywhere from two weeks after the court date, to two months. It takes roughly a week from the filing to the court date, as the tenent is to recieve summons no less than 7 days before the court date. The way that "pay and stay' works is thus-if the tenant has the $$ at the courthouse, the landlord must accept, and connot evict for any reason having to due with non-payment-however can still push for eviction based on other valid grounds. If they do not have the money at the date of court, it is then at the landlords and judges discretion on whether or not to allow the tennant a period of time-generally one or two weeks to come up with the money, or an acceptable payment plan, and if the money is ever not there when it is agreed upon by the tennant, landlord and judge, the cops can be called, and the tennant is OUT. The tennant can ask for a stay at court, but the judge will not grant an extention if the landlord is adamantly opposed.  Also, if the tennant does not show, they automatically lose the case, and can also be forcibly removed by the police.

I would let the landlord know about the electric company notice, and let him know that they make you uncomfortable-the leaving of the kids alone might be illegal in your state depending on the childrens ages and the length of time-any illegal acts give the landlord more power over the eviction process and timeline.

hope this helps=also I am not a lawer, I just have a lot of friends and family who either own property or have been evicted/attemped to be evicted, so have done alot of research.

[ImperfctMe]

Ask a few questions of the landlord, but I would limit my involvement in the situation. You do not need to be called into court by this neighbor if she hears you have been offering sworn testimony against her.

[gjcva1]

Luxie,
ask after 30 days.  the facts that this mother has depended upon you to watch her children without your permission, that you suspect illegal activity in the home, and that their utilities are being cut off are huge red flags.  watch for extension cords going to your outside outlets to power their side of the duplex.  check your breaker box and shut off the power to your outside outlets to avoid this.

[Slartibartfast]

In my state (Alabama), the landlord has to wait one month after the date rent is due, then give a legal notice that allows the people 15 business days to contact the court, and they can set a court date up to a month later.  Then in court, if they don't show up (usual) and still haven't paid, they can be evicted on the next sunny day after the three-week mark (the sheriff shows up with some burly guys and throws all their junk out onto the street, but won't do it on a rainy day.)  So it currently takes up to 4 months to actually kick a renter out.

However, the law is changing as of Jan. 1, so the landlord can give the notice two weeks after rent is due, and they can be evicted two weeks after that.

My FIL owns and rents out about 40 houses, mostly in not-so-nice parts of town that he's trying to clean up, so my in-laws have gotten to be experts at this.  Apparently my FIL's technique for getting rid of problem renters who know how to "work the system" (and get four free months of rent) is to remove their front door after the first month.  They would have to go to court to contest it, which would speed up the process anyway, and he says most of the time they pack up and leave a few days after he does that.  (I guess he wasn't getting money from them anyway, and they trash the house just as bad as a burglar would . . . worse, sometimes.  One lady took the shower.  The used-to-be-cemented-to-the-wall shower.)

[Rei-chan]

In my state (Alabama), the landlord has to wait one month after the date rent is due, then give a legal notice that allows the people 15 business days to contact the court, and they can set a court date up to a month later.  Then in court, if they don't show up (usual) and still haven't paid, they can be evicted on the next sunny day after the three-week mark (the sheriff shows up with some burly guys and throws all their junk out onto the street, but won't do it on a rainy day.)  So it currently takes up to 4 months to actually kick a renter out.

However, the law is changing as of Jan. 1, so the landlord can give the notice two weeks after rent is due, and they can be evicted two weeks after that.

My FIL owns and rents out about 40 houses, mostly in not-so-nice parts of town that he's trying to clean up, so my in-laws have gotten to be experts at this.  Apparently my FIL's technique for getting rid of problem renters who know how to "work the system" (and get four free months of rent) is to remove their front door after the first month.  They would have to go to court to contest it, which would speed up the process anyway, and he says most of the time they pack up and leave a few days after he does that.  (I guess he wasn't getting money from them anyway, and they trash the house just as bad as a burglar would . . . worse, sometimes.  One lady took the shower.  The used-to-be-cemented-to-the-wall shower.)

I wouldn't do that if I were him......that's technically "constructive eviction" and illegal, at least in my state.  He could get sued, and the freeloaders would win.

[Bijou]

I wouldn't say anything to the landlord, because it is eventually going to be over.  As uncomfortable as you are right now, think about those poor children having horrible parents and no home. 

Exactly what I was thinking. 

[Slartibartfast]

In my state (Alabama), the landlord has to wait one month after the date rent is due, then give a legal notice that allows the people 15 business days to contact the court, and they can set a court date up to a month later.  Then in court, if they don't show up (usual) and still haven't paid, they can be evicted on the next sunny day after the three-week mark (the sheriff shows up with some burly guys and throws all their junk out onto the street, but won't do it on a rainy day.)  So it currently takes up to 4 months to actually kick a renter out.

However, the law is changing as of Jan. 1, so the landlord can give the notice two weeks after rent is due, and they can be evicted two weeks after that.

My FIL owns and rents out about 40 houses, mostly in not-so-nice parts of town that he's trying to clean up, so my in-laws have gotten to be experts at this.  Apparently my FIL's technique for getting rid of problem renters who know how to "work the system" (and get four free months of rent) is to remove their front door after the first month.  They would have to go to court to contest it, which would speed up the process anyway, and he says most of the time they pack up and leave a few days after he does that.  (I guess he wasn't getting money from them anyway, and they trash the house just as bad as a burglar would . . . worse, sometimes.  One lady took the shower.  The used-to-be-cemented-to-the-wall shower.)

I wouldn't do that if I were him......that's technically "constructive eviction" and illegal, at least in my state.  He could get sued, and the freeloaders would win.

He does a lot of things that I wouldn't do if I were him, but I'm guessing anyone who gets evicted for perpetually not having money for rent will also not have money to get a lawyer for this (or even know that they have that option).  My FIL can be very clueless about some things, though, and his belief that he understands how tenants think is one of them.  Maybe I'm just not as jaded as he is after years of renting lower-income housing, but I would usually give people a lot more credit for "bad things happening" instead of "trying to scr3w me over" than he does.

[rockingrandma]

He may already know about the utilities being shut off....and it may cost him.

In our little town, if a renter runs up the water bill and they shut it off and the renter moves, the landlord is held responsible for the unpaid water bill.  If the water bill for that property isn't paid in full then they will NOT turn the water on there no matter who is moving in.

That's the situation that happened at our current apartment.  The girl before us ran up a $200 water bill and just left.  We had to wait for the landlord to go pay her stupid water bill before we could get it turned on in our name.  The sucky thing is that now the city doesn't have to go after the girl for the unpaid water bill.....it's up to the landlord to track her skanky but down and sue her for it.

On another note, how old are the kids?  Sounds like a call to CPS is in order.  Or maybe the police so they can do a welfare check.  As horrible as it sounds, if this family isn't in the system already they need to be.