Fellow landlords, how would you handle this tenant?

unclebilly · unclebilly's Garage

Calgary police consult Crown over possible charges in 'Freeman' case | CTV News

Basically a tenant who has claimed to be a freeman, not paying all of the rent, declared the house his 'embassy' and ignored eviction orders. Oh, and he somehow got a lien on the place...

HHI944 · 09-24-2013, 05:30 AM

Between SC laws and the FBI considering his little a group a 'domestic terror threat'....likely the local SWAT team would be called out when he ignored the first eviction order.....normally, they just use one deputy and slap the 'tenant' with criminal trespass and, commonly, vandalism as they've usually trashed the place......but yeah, for that nutjob, I can see them using the SWAT team and him very likely not making it out alive

J P Stein · 09-24-2013, 05:51 AM

A couple of guys with no necks should "handle" this.

Rot 911 · 09-24-2013, 05:54 AM

Why hasn't she just evicted him? At least around here the tenant can claim anything they want, but if they aren't paying rent, out they go.

unclebilly · unclebilly's Garage

Quote:

Originally Posted by Rot 911

Why hasn't she just evicted him? At least around here the tenant can claim anything they want, but if they aren't paying rent, out they go.

She did evict him, he ignored the eviction notice and changed the locks.

McLovin · 09-24-2013, 06:31 AM

Here in the US you'd just get a writ of execution issued by the court and the sheriff or other appropriate law enforcement would be happy to forcibly evict him.

Rot 911 · 09-24-2013, 06:35 AM

Quote:

Originally Posted by McLovin

Here in the US you'd just get a writ of execution issued by the court and the sheriff or other appropriate law enforcement would be happy to forcibly evict him.

This. An eviction notice means nothing to a dead beat tenant. What you file around here is a suit for rent and possession. Get a judgment, get the sheriff and out goes the tenant and all of their property.

fastfredracing · 09-24-2013, 06:49 AM

I would go down, and tell him that I am with him on his cause, and would be happy to have him as my tenant rent free . I would then tell him, that I am coming down to replace the doors , and windows on the first floor, with more secure and energy efficient units. I would then remove all the windows and doors, take them home, and never return.

unclebilly · unclebilly's Garage

Quote:

Originally Posted by fastfredracing

I would go down, and tell him that I am with him on his cause, and would be happy to have him as my tenant rent free . I would then tell him, that I am coming down to replace the doors , and windows on the first floor, with more secure and energy efficient units. I would then remove all the windows and doors, take them home, and never return.

I am with you on this, another option into wait a month or 2 and turn off the power, gas, and water... Freeze him out.

Scott R · Scott R's Garage

Quote:

Originally Posted by unclebilly

I am with you on this, another option into wait a month or 2 and turn off the power, gas, and water... Freeze him out.

Nooooooo! I did this once early on as a landord and it was a disaster. Well to be exact I had the electric company process a service disconnect, and I ended up with a civil suit from the tenant.

Laneco · 09-24-2013, 07:36 AM

Never shut the utilities off on an occupied rental. Especially the water. You will find your tenant will build a fire with a bbq inside the building to keep warm and use a closet or designated room as a toilet.

Evict by legal means and have law enforcement do to the knock & toss.

angela

fastfredracing · 09-24-2013, 07:39 AM

We have joked about doing this several times, but have never actually done it. I know it has been done before.
Cutting the utilities here however, is a major no no. If the tenant knows how to play the game, you will never get them out, and will end up with a bunch of fines, and penalties.
We just had to ride out some really disgusting human beings this past spring. Sometimes , it seems like the tenants have all the laws in their court to protect them from the oh so mean and nasty landlords.

on2wheels52 · on2wheels52's Garage

Quote:

Originally Posted by J P Stein

A couple of guys with no necks should "handle" this.

I'm with you on this JP. I have people who owe me money that would be happy to do a favor.
Jim

PorscheA · 08:01 AM

Quote:

Originally Posted by McLovin

Here in the US you'd just get a writ of execution issued by the court and the sheriff or other appropriate law enforcement would be happy to forcibly evict him.

Doesn't work in Canada.

You also can't 'forcibly' evict someone, or make them suffer undue hardship otherwise the owner will be in trouble. If someone doesn't WANT to leave, it is hard to evict people in Canada.

speeder · 09-24-2013, 08:06 AM

As usual on threads like this, there is some good advice and some absolutely horrid advice. That's the thing about the internet, it's like a bathroom wall. Anyone can write anything, usually in complete anonymity.

The most important thing is too be up on the laws in your jurisdiction if you want to be in that business, and do everything exactly by the book. Otherwise, (and especially if you follow the asinine advice of removing doors or cutting utilities), the tenant could wind up owning your properties, your cars, your house...you get the picture.

1990C4S · 09-24-2013, 08:16 AM

Landlord Tenant Board, then an eviction notice, then the sheriff. They leave or go to jail.

Been there.

1990C4S · 09-24-2013, 08:17 AM

Quote:

Originally Posted by PorscheA

Doesn't work in Canada.

You also can't 'forcibly' evict someone, or make them suffer undue hardship otherwise the owner will be in trouble. If someone doesn't WANT to leave, it is hard to evict people in Canada.

That's not really true in Ontario. It's slow. But it's easy.

J P Stein · 09-24-2013, 08:50 AM

Quote:

Originally Posted by speeder

As usual on threads like this, there is some good advice and some absolutely horrid advice. That's the thing about the internet, it's like a bathroom wall. Anyone can write anything, usually in complete anonymity.
.

.....and here you are again, writing on the wall...... and who is speeder?

Joel8005 · 09-24-2013, 09:05 AM

In Georgia, me, the Sheriff and a few of my fellas would have had him out. The only thing I can see is that they failed to enforce the eviction. In my state first you file a dispo warrant then go to court, if the tenant fails to meet the demand of the dispo it becomes an eviction. The eviction is enforceable within 7 days. If tenant fails to leave the Sheriff meets us at the property and we remove all items from the home and place it on the curb, change locks and go home.

fastfredracing · 09-24-2013, 09:11 AM

My post was in jest speedy, but after you have gone through a few by the book evictions you will start to think about violating some tenants rights. It can be hugely frustrating.
I think you give the best advice here though, by the book,and to the letter of the law, or it will take you longer, and cost you more .