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Old 10-06-10, 04:26 PM   #5
Skybird
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Quote:
Originally Posted by GoldenRivet View Post
This exact thing happend to us with one of our properties back in 2008.

The guy did not pay November's rent.

he then avoided numerous phone calls, visits to his door, mailings etc.

December rolls around, same thing.

2 months now... $1,900 in rent now lost.

We got legal advice as we had never been in the situation to evict anyone before.

at any rate the way it all worked out we had to start the eviction process all over in January and do certain things after the passage of so many days for it to "stick" where he couldn't sue or make false claims against us etc.

Finally at the end of January, under threat that he could leave the property voluntarily by XXX time or else the sheriff's department could remove him from it by force, he left.

This translates to $2,850 in lost rent over the period of 3 months not including the cost of legal advice and the petty expenses involving the eviction process one could tabulate given a few minutes time.
By German standards you still would be lucky, after three months the thing still would not be even at court. Having the police kicking him out would not be a legal option over here, and he would be able to call adozen legal formalities to delay untilt he final verdict, which, as I said, usually is not before 15-18 months. German laws protect Mietnomaden very intensely. We own a holuse and rent 4 big flats ourselves, and we know two other houseowner where it went like this - one of them suffered so much financial damage that it existentially ruined him. But the social balance, you know, and rights for the offe nder and weighing the good guy's interest versus the legitimate interests of the bad guy. I could vomit all day long about such BS.

This leads to a very special declaration of bancruptcy of the legal system over here that looks like this: that lawyers often recommend to try to convince the scumbag to voluntarily leave and offering him some thnousand Euros cash if onjly he would disappear. This advise is part of the game over here - and many take it in despair, knowing that even under optimal conditions the legal dispoute will run for over one year and cause finacial damage in the 5-digit range .

I a case like this I would wish to be a friend of Don Vito whom I could ask for a favour.

To be clear about one thing, I am talking about people who move in with the clear intent to steal and betray and who lie from beginning on. Criminals. Some years ago we had a women who became ill and jobless and all life collapsed around her without it being her fault - she simply had plenty of bad luck striking her, and a private tragedy. We helped a bit to ease her financial dispair by lowering the rent and accepting long delays. We lost m oney that way, but we could afford it and we knew she was not cheating. A case like this is something very different than a fraudster with criminal intentions from beginning on. We also asisted her to find a cheaper, smaller flat that she could afford, and get her furniture moved. You know, not everybody with small or no money is all guilty by himself for that. There are people who deserve a little help and a new chance.

It's just that this gets massiovely exploited by the real mean guys - with laws being so socially emphatical that they often provide assistance by making acceptance of such cheats and crimes legally mandatory, in a way. And that is where the system has lost me.

I think I described that case with that woman in a thread some years ago, didn'tI!?
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Last edited by Skybird; 10-06-10 at 04:38 PM.
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