Tenant won't leave!!!!!

M

muleyman

Very Active Member
Messages
1,538
We own land and lease out part of the property to folks with horses. Boarding and such..

Our largest tenant has 14 animals here and two months ago while I was away hunting for 3 weeks he threatened my wife!!! She called the police and they came and questioned both, with no arrests made. This was on Aug 17th.

She then went to the court house to have him evicted (30 day notice) and filed what they call an FED trial notice. This means if we the party cant agree on terms, we can go in front of a judge and he decides for us. I came home and confronted him and he proceeded to threaten me! He said "what goes around, comes around". I asked him what exactly that meant. He said, "I will kill you!" So I called the cops again. They came out and said they could do NOTHING because he had no weapons on him. Until we see the judge coming up this friday there is nothing we can do...I talked to John (the bastard) and he refuses to do anything we are asking which is just get the frick off our land.

What pisses me off is the "bad guys" have more rights than me! He was suppose to be off our land 4 days ago and is refusing to leave!!! also this was a month to month contract. I am so frickin pissed that I can't make someone leave our place, unless a judge says its ok...

sorry i'm just sooo freakin mad!

muleyman
 
turn the nags loose


JB
497fc2397b939f19.jpg
 
Put in a bucking chute and let the high school rodeo team practice on em.

"A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."
 
Been there it's a pain in the butt to get people out of your own property. I finally gave up after a lady was 3 months late and still would not leave. Went to court and the judge didn't want to kick her out! This is the kicker....in court I offered to wipe the three months rent off and would give her $500.00 cash if she was out in 3 days. She said NO! This is when the judge told her take the offer and she did. So I lost 3 months rent a house the looked like a grenade went off in it and paid her $500.00 cash.....Only in America!
You couldn't pay me to get in the renting game again!
Good Luck!
 
If he kills you....just kill him back.

I'd lock a gate or do something that makes access impossible to that particular piece of property. If he is in breech of contract, that contract is null and void. Be careful with the fine print in a generic contract. In many of them the verbiage is favorable towards the tenant. That verbiage often needs to be addressed in an addendum to that particular contract. Hopefully the judge sides with you but even though, the tenant has rights. Its not like you can do anything with his personal property. I'd be mad as hell too!

Steve
T&A Inspector
 
If you have to talk to him again get a small digital audio recorder and have it recording the entire time. If he threatens you again call the Police out again. Let them listen to the recording and if they still are not willing to press charges ask for the report number. Then call the Prosecutors office for your area and request a meeting and see if they will let you sign the charges.

At least that is how we can handle it in Ohio.

Good Luck
 
+1 lock the gate. If he cuts the lock maybe you could add vandalism charges to the mix.
 
sounds to me like some gates and a stretch or 2 of fence need to be taken to the shop for repairs.
 
>sounds to me like some gates
>and a stretch or 2
>of fence need to be
>taken to the shop for
>repairs.


this is perfect IMO!

you can easily give him a notice , by phone or letter, sying you will be doing work on your gates and fences and they will be down for a week or 2. you have every right to work on your property, and he will have had notice to do something with his horses. if not, they'll just get away.
 
Remove the fence is the way I would head at this thing.

I would also let him know that you have ok it for a gardner to start dumping his clipping on your land that inculdes oleander bush clipping and it will be up to him to keep his horses away from that pile(Oleandor is poison to horses).

"I have found if you go the extra mile it's Never crowded".
 
If you knowingly let the horses out by taking down the fence and they get hit by a car...well, you just bought some worthless nags that just became priceless racehorses...oh, and the car and medical bills of the person who hit them...

I'd just import some West Nile carrying mosquitos...

HAZMAT

www.muddyroad.net
 
Advise the owner that you will be auctioning of any property that remains after 7 days. Lock the gates and only allow him access if he arrives with suitable transportation to remove the livestock. Additionally get a restraining order. Due to the proximity limits it will force him to remove the animals or go to jail.
 
WOW - lots of really good advice here! Follow some of this stuff and you could be in a world of hurt. Get a good lawyer.

UTROY
Proverbs 21:19 (why I hunt!)
 
It depends on the contract you have. If you have no contract then I would send him his notice to remove the horses and after the notice period just call the local brand inspector about trespassing livestock and have the horses hauled away.

I second the digital recorder. Keep yourself in line though because it works both ways.
 
Thanks for all the advise...both the "funny ones" and serious! We don't have any written contract, he refused to sign one after 3 months of being there.

Can I really give him notice to remove his horses by a certain date and if he doesnt comply, call a brand inspector????

Get this...I over heard him on the phone in the barn just yesterday telling a woman named Alex to call the police on me and say I threatened her and pushed her!!! I came around the corner after he hung up and about FLEW OFF the HANDLE! I called the police again and told them what he had done...

I am soooooo ready for him to be gone.

Take guys ~

muleyman
 
Double his rent, when he refuses to pay kick him out.
How can he be there without a contract? Couldn't you just have the sheriff removed him for trespassing? I've never been a landlord but it seems kinda simple to me to get him off your property. I wouldn't have let him be there unless he signed a contract, that was your bad.

4b1db2ac644136c4.jpg
 
I was stupid for not MAKING him sign anything. My wife was sure pissed at me for screwing that one up :)

In the state of Oregon a verbal contract is the same as a writen. In order for him to be removed, a judge has to approve it!!! Total BS...I am writing him a bill for over $4,700 for this months rent and all the damage he has caused to our property and barn (his area). I got an estimate from a contractor. He is gonna sh!t, but if he doesnt pay it, I will then proceed with small claims court. The bastard is gonna pay for threatening my wife!

thanks again - jeremy
AKA muleyman
 
The judge will most often side with the landlord as long as they have done nothing illegal. He will most of the time award you damages. Start documenting everything and have all of your ducks in row for the court date.
 
dont talk to the man any more let the system handle it. If you get in a confrontation he will likley sue you and you will be screwed. tape record anything and everything.

4a7d1f93337c7fd7.jpg


There are no big bucks in Utah! LOL
 
Post a ad on Craigslist free horses. LOL
No water no horses put alock on the handle and only let paying clients have use of it.


"I have found if you go the extra mile it's Never crowded".
 
You send an eviction notice for non payment of rent.
You then get a court date, always on a Friday in Oregon.
The judge asks if they paid the rent, they say no and give all kinds of excuses.
Judge signs a 72 hour removal order, Deputy will be outside to escort them off the property in 72 hours.
You get a judgment for damages presented in court.

The ONLY way to get them out sooner is to go to court and show eminent danger which you should be able to do with the police reports.

Been there, got the Tee shirt.
 
have your wife slam your face into a pole then call the cops and say he did it and have your wife back up the story.....I seen all kinds!

4a2c3c3419e430ad.jpg


rackmaster
 
wapitiBOB ~

I had a friend of Clackamas Fire Dept tell me the same thing this morning...I contacted Clackamas County Police on tuesday to ask for a copy of the case number that was provided to us. Tuesday we received the notice that the court hearing is this FRIDAY as you said, 9AM.

Thanks for all your replys guys, it really has made a difference for me.

taker easy and tomorrow AM I will reply with the news.

OH by the way, the "horses" got out SOMEHOW ;) last night and he had to come and round-em-up at 11:30PM! LOL that was funny!

muleyman
 
Well the judge was in favor of the tenant!!! Our evection notice we gave him, wasn't a legal document, only typed and notorized. That wasnt good enough for the judge. 3 hrs later he told us this!

It just shows how screwed up our legal system is. He said he believed us that threats were being made, and that he was late in paying up...BUT since the form given back on Aug 17th wasnt a legal document, there is nothing we can do except file a "legal one" today and have him out within 30 days...

I am pissed, you calm for some reason. Oh he did almost throw the dude out for laughing at all my witnesses!

thanks guys ~

muleyman
 
In a lot of states the tenant has most of the rights. Do everything to the "T" and document everything. The tenant can also drag this out for a long time with no real repercussion.

Calif_Mike
 
If it were me getting outright hosed, i'd get even one way or another!

I try to be fair,upfront, and honest in all my business dealings but then again part of that honesty is the hint that if you blatantly screw me over, it might set me off on a homicidal killing spree. ;-)

Joey
 
Sorry to hear about your renter troubles. Been there a couple of times. Once I had to shut off electricity and remove the propane tank to get someone out.

The threats he made...nothing to ignore. He might be one of these azzholes who actually does something.


Compromise, hell! ... If freedom is right and tyranny is wrong, why should those who believe in freedom treat it as if it were a roll of bologna to be bartered a slice at a time?
 
LAST EDITED ON Sep-28-10 AT 11:44AM (MST)[p]You got some good advice about the eviction notice. The judge will tell them they have to be out if they are in default on the rent in Oregon and you follow the letter of the law. My inlaws live up there and we just went thru the same thing. Make sure you keep a record of everything and make them pay you in a manner in which you can prove they didn't pay. They will most likley claim to have paid you in cash and hopefully you have given them reciepts in the past if they did. Make sure you don't do anything to any of their property or you'll be in a real mess. You may want to look around to see if there is any illegal flora and if so when the sheriff comes out point it out to them and take pictures to show the judge if you have to go back to court! These types usually are up to something to enhance their income stream. Dont cut off water or power or you could wind up liable for any damages that may result from your actions. Keep it legal and above board so the judge can work with you! good luck!
 
LAST EDITED ON Sep-28-10 AT 03:03PM (MST)[p]LAST EDITED ON Sep-28-10 AT 02:57?PM (MST)

Are you sure you are approaching this from the right legal angle? These are "boarders" not renters.

Seems to me if an animal is boarding, the bill must be paid when the animal is picked up or you can charge them with theft of service (talk to your local police/sherrifs department). At least that is the way it works in our area. It would be the same as someone walking into a Wal-mart and walking out without paying. I suspect you can file a theft of services charge when he does pick them up without paying.

In Texas, I belive you can send them a certified letter that their animal must be picked up within 10 days and the bill paid. After that time the animal becomes our property and we can dispose of them as we see fit, sell, etc. Might want to explore that angle and see what the law is in your state.

At the very least, you should have a chain and a lock on the gate when he comes to get them (only when you are there) and have the cops present. Have a bill ready (just for the rent due, not more) and when they don't pay the cops will be a witness to the theft of services. You might have to send him something certified stating that you will expect payment at the time of release.

You certainly need better legal advice than I can give, but you see where my logic is going. Just another angle to explore

txhunter58

venor, ergo sum (I hunt, therefore I am)
 
Thanks TXhunter! Any help is much appreciated! I dont know what else to do, except we gave him ANOTHER 30 day notice on Sept 24th. I am doing everything I can to get him out early :)

taker easy

muleyman
 
Muleyman, i don't know the specifics in your case but my inlaws had to prove that the tenants were in default on the rental agreement. Once that issue was settled and the judge saw the light things proceeded rather quickly. The judge listened to testimony from all parties concerned and the tenant had threatened them too and they were elderly and the threats went against them in the judges decision. The sheriff came out and gave them a notice of 72 hours to vacate and actually came out the last day to make sure they were gone. Making sure you dot the i's and cross all the t's is essential in this process. Stay vigilant and you'll get them out of there. Good luck!
 
If it will make you feel any bettewr my last tennat left oweing me three grand plus change I even had to pay the electric bill. It can get worse if you can't get them out before November here in wisconsin.
Driftersifter
 

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