NationalEvictions Blog – Learn Through Industry Articles about Legal Services, Laws and the Eviction Process.

One would think it would be pretty easy to locate people with the plethora of information available on the Internet

One would think it would be pretty easy to locate people with the plethora of information available on the Internet

  • Posted: Jun 22, 2019
  • By:
  • Comments: Comments Off on One would think it would be pretty easy to locate people with the plethora of information available on the Internet

 

One would think it would be pretty easy to locate people with the plethora of information available on the Internet.

And generally it is, as we found in our recent review of some commercially available databases. While it’s not “free” (what most people on the interwebs are looking for), it’s easier today to locate people than it has ever been.

But that has a number of caveats.

1) The person has a common name

Common names are the bane of one’s existence when you are trying to locate someone. Unless you have the full name, date of birth, and social security number, as well as a hair sample, DNA, and a handwriting exemplar, you are never going to find James Smith from New York.

OK, that might be a bit excessive, but unless you have LOTS of information on someone with a common name, they are going to be really tough to find. And when I say LOTS, I don’t just mean a description of physical characteristics or a recollection of a tattoo.

2) Technology is not what you see on TV

Your favorite crime drama probably showed a blurry photo from a distant surveillance camera that the detectives were miraculously able to blow up so they could see people’s faces as clear as day. Then, with the magic of television, they were able to run facial recognition through a database of every person in the world, and out of thin air, pull up a full dossier of everything that person has ever done and accomplished.

Technology just isn’t there yet, although it may be soon enough…

 

 

3) Information is not publicly available

We recently received a request to find a Jose Fernandez who had previously worked for a large corporation in Dallas. Seems easy enough to distinguish the 4,000 Jose Fernandezes in Dallas. The company is not going to give anyone his details, unless you use some sketchy method to provide a pretext for the company to get them to do so, or employ some other unscrupulous method. The IRS might know, but they won’t divulge his information either. Unless he has self-disclosed that information on a resume, social media, or elsewhere, Mr. Fernandez is not going to be easy to find.

4) The search is cost prohibitive

Now, finding Jose Fernandez might be possible, but unless he was the key to a multimillion-dollar lawsuit or someone with deep pockets was willing to spend the money, it might be too cost prohibitive. You could call former employees of the company and ask them if they knew him or know where he works now. Or you could make a list of every Jose Fernandez who lived in the Dallas area and call them one by one, something I have actually done in a different context.

Note: If you need some assistance in those areas, let me know, and I can send you our bank details so you can wire the retainer.

5) You might not have the right information

Sometimes, you may have information that is completely inaccurate. Like the wrong spelling of a name. Wrong birthday. Or even the wrong name.

Years ago, we worked on a case for a Connecticut man. His mother, on her deathbed, mentioned in passing that his father was not who he thought it was; it was a man that she had had an affair with for years in the 1950s. She provided scant details, like his name and the New York department store where he had worked. We spent years trying to track him down, but without success. Several years after working with the client, I heard back from him, and he said that he found his father (who had passed away) after speaking with friends and family members.

His mother had given him the wrong name and the wrong department store. We were doomed to failure.

But at least it had a happy ending.

 

 

6) Not everyone can be found

A few years ago, we were asked to identify a man who was owed about $100,000 after his mother had passed away. The man hadn’t been seen or heard from in many years, and the last that anyone had heard of him, he was homeless. The client was about 100 percent sure we would never find him, but we found his last reported address, and what do you know, he was there. He was living on the streets but had stopped at the apartment where he had once lived to sleep for the night.

It was complete luck. If we hadn’t had that miraculous stroke of luck that day, we may have never found him, unless we had spent dozens of hours combing the streets, which was out of the budget range of the client (see #4 above).

7) The person lives off the grid

There was an interesting story a while back about a privacy nut who spent $30,000 to have himself removed from every known database so that no human could track him down. He went so far as to even buy himself a decoy house and hire a private investigator to check his work. It’s a fascinating read, if you haven’t seen it.

And there are also stories of people living off the grid, paying cash barters and not using any electronic databases. That’s a bit extreme, but there are people who do it.

8) Some people don’t want to be heard from

Whitey Bulger, one of the most wanted men in history, lived in California unnoticed for more than 15 years by paying cash, keeping to himself, living an unassuming lifestyle, and rarely venturing out in public. This is a completely extreme case, but there are people who just don’t want to be found. Especially people who are in trouble with the law or are running from someone or something.

9) Are you working with old information?

Last week, we received a call from a Pennsylvania man who, because of closed adoption rules, was only recently able to finally get the name of his birth mother. But he had only a name and an age from when he was born in the 1950s. The name, of course, was common enough that finding her would not be easy. But the bigger problem was that she was most likely married long ago and carrying a different name, which would not be in any electronic database records that are readily available.

Most electronic information that is easily searchable and accessible will date back to the 1980s, but anything from the 1950s will not only be difficult to find but will require some serious digging.

 

 

10) People can remove themselves from databases

There is a cottage industry of privacy nuts who will do everything not to leave a trace of their existence. If you are interested in learning more, Michael Bazzell has a great book and podcast. Some may have good reasons, such as concerns for their safety. But others just want to be hidden from the Internet. What most people don’t know is that you can remove your personal information from public databases and people-search websites. Given the hundreds of sites, it’s pretty much like having a full-time job, but it can be done. Here is a good place to start.

 

Tags: , , ,
Some Landlords wish to Self Represent

Some Landlords wish to Self Represent

  • Posted: Jan 20, 2019
  • By:
  • Comments: Comments Off on Some Landlords wish to Self Represent

Landlords self representation, is it the right thing to do?

Learn the eviction process in your State!

If, like many landlords, you own or manage only a few rental properties, you are unlikely to have a lawyer on staff or even “on retainer” (where you pay a lawyer in advance to handle routine questions and issues). Fortunately, you shouldn’t need to constantly consult a lawyer or even keep one in the wings, “just in case.” You do have to be able to recognize those situations when expert help is needed — even if it’s just for some advice and coaching.

In most states, an eviction lawsuit takes much less time than regular civil cases. But in exchange for expedited treatment, landlords must follow highly detailed rules, from notifying the tenant of the lawsuit to filing the right papers and forms. In addition, because it’s the tenant’s home that’s at stake, many judges will set the bar very high when it comes to ruling in the landlord’s favor. Winning an eviction lawsuit, even one that you’d think is a slam-dunk, isn’t so easy. Still, many landlords try to evict a tenant themselves, often with success.  But you may be better off hiring a lawyer

 

Evictions are one of the least fun parts of being a landlord.  They can be very costly, time consuming and stressful.  Most probably think that you have to hire an attorney to represent you to conduct a successful eviction.  But do you?  I have represented myself and used an attorney, either way you usually have to go to court.  So, I think the answer depends on several factors.  Those factors are:

  • The complexity of the eviction process in your jurisdiction.
  • Your level of knowledge and experience.
  • Your personality.
  • Peculiarities in your state and local laws.

Some states have very complex eviction procedures.  In fact, I hear it can take many months to get a tenant evicted in places like Chicago and some of the northeastern states.  Here in Memphis, TN the entire eviction process can be accomplished in a little over a month with the filing of a couple of forms.  So while I will conduct the eviction process here, I might hesitate doing so if I faced messing up a six month long process and having to start over at square one.  I would want someone more qualified to handle such a complex process.

 

Complications can also arise during the eviction process.  For example, if a tenant files for bankruptcy while you are evicting them (and bankruptcy lawyers will be sending them solicitations advising them they can “stop” the eviction process) a stay is placed on the eviction process by the bankruptcy court.  That means your eviction is stopped until the stay is lifted.  You definitely need an attorney at this point as federal courts are much more complicated.

Your knowledge and experience with the eviction process will also be a factor.  You need to know what the eviction process is for your jurisdiction.  You absolutely cannot walk into court with out knowing what you are doing.  It is just too easy to mess up.  Sometimes the judge will help you out, but most times more deference is given to the tenant.  In other words, the judge expects you to have your i’s dotted and t’s crossed.  Once you have been through a few evictions, you may have enough experience to be able to go it alone.

Your personality is also something to consider.  Many do not like getting up and speaking in front of other people.  Some do not like confrontation.  You also have to remember to keep your cool at all costs.  The last thing you want is to be held in contempt because you angered a judge.  I have seen more than one landlord shoot themselves in the foot by opening their big mouth in court.

 

 

There may also be peculiarities in your state in local laws that prevent you from representing yourself.  For example, here in Tennessee if a property is owned by a corporation or LLC (which many of mine are) I am not allowed to represent myself and have to hire an attorney to file the eviction per state law.  My case would be thrown out by the judge if I tried to represent my self.

To sum up, I think you should hire an attorney to represent you if:

  • You have no or little experience in court.
  • Your knowledge on your state and local eviction statutes is limited.
  • Your particular jurisdiction has a long and complicated eviction process.
  • Your tenant files bankruptcy.
  • You personality is not suited towards acting as your own attorney.
  • If state law prevents you from doing so.

On the other hand if you have been through the process before, know your local laws and are confident you can present a clear and decisive case, perhaps go for it.

If you want to get some experience and if you have some time to kill, you can always go to the courthouse and watch the other landlords and attorneys present their cases to see how the process works.  It is kind of interesting to watch, much better than any reality show.

 

Landlords its a good rule to be on top of any Late Rent: 

I have always set in my lease – The rent is due on the 5th and if a tenant does not pay, they have a 3-day notice on the 6th. You cannot allow any exceptions or people will really take advantage of you.

 

Dont take their word!

Honestly, everything that I am about to say is true. I mean, sure, you see on the news channel, the internet and sometimes you hear from others these horrifying stories, but to experience one yourself is something else entirely. It was truly mind blowing to witness firsthand how much lie-weaving people were willing to do in order to trap some unwitting landlord to rent them the property. Want to hear the story? Well, here we go.

One day, the mother of a family called to give a walkthrough of property. I always make sure to do pre-vetting over phone to make sure they fit the qualifications, i.e. the applicant has to produce 3x net monthly income in addition to good rental history, verification of time on their job, and also good landlord references. In my case, I thought I hit the jackpot—after all, it was a beautiful family with a stay at home mother, hard working father, grandmother, and newborn daughter. Why, you couldn’t possibly ask for better tenants!

The family took a walkthrough of the house and absolutely loved it (as they should because that home was truly lovely). As a result, they decided that they wanted to move forward and discuss terms and legalities. But here is where things start to get really interesting.

On their application, they had their current residence, in addition to the contact information for their present landlord. So, as per routine, I ran the application through, and after some brief investigation, I discovered that they were being evicted from their current residence. However, when I contacted the family, they waved away my concerns and said that it was simply a glitch, assuring me that the landlord could verify (red flag alert!). I decided to give them the benefit of the doubt, so I called the landlord (who I later found out was a family member posing as a landlord).

The landlord a.k.a. family member mentioned that they were good tenants, and if given the chance, they would absolutely love to rent to them again. Obviously, I couldn’t take a mere word for something as serious as an eviction, so what I did from there was pull the public tax records out—which in turn showed the name of the actual landlord along with his true address.

It doesn’t take much guesswork to know what I did next. I whizzed over there, and the (genuine) landlord mentioned that the family that he had as tenants were in fact being evicted and looking to get my place ASAP in fear that they would be without a home. The moment I heard this, I went ahead and I declined them.

Honestly, the whole situation was mentally straining, and I just wanted to point out that these things happen in real life and not just in stories you hear from other people, so the moral of this story is that tenants do lie, so you should always do thorough due diligence.

 

So for Landlords Screen Tenants, Ask for Background checks, Search on county clerks records for their names, Go to or call the past landlords and speak with them. Dot Trust!

NationalEvictions.com has been a main information for Landlords and Tenants.

 

 

Tags: , , ,
Finding a Perfect Tenant

Finding a Perfect Tenant

  • Posted: Sep 20, 2018
  • By:
  • Comments: 0

Finding a Perfect Tenant

We are all looking for that neat and responsible tenant who will respect the property, keep it clean and pay bills in time.  And it’s not always easy to judge reliability from a brief meeting and a pile of paperwork. At NationalEvictions.com, we’ve put together a few pointers that will help you find that perfect tenant and highlight the possibilities for a compromise if the search is taking too long.

 

Start with your property

The condition of your property will ultimately affect what kind of tenants it will attract. You can’t do anything about the location, but keeping the property clean, updated and well-maintained is in your hands. Outdated appliances, dirty walls and untidy bathroom may scare away your potential tenants, especially if the price is high.

Rethink the layout and possibly knock down a few walls to make a bigger bathroom or add a walk-in closet. Provide the top amenities your tenants want, and you’ll have plenty of candidates to choose from. If you don’t want to mess with the renovations, just keep the property clean: a fresh coat of paint, a scented candle and clean sunny windows can make a big difference. Remember, first impressions matter!


 

DOWNLOAD FORMS YOU WILL NEED FOR THE EVICTION IN YOUR STATE

Find all the Legal Forms for Landlord Tenant / Evictions / and other forms for your business, Search on your State Eviction Process 

EVICTION FORMS

 

 


Screen your tenants

As Property Managers Ourselves, we advice you not to let an unscreened tenant move into your rental, no matter how desperate you might be to close the deal. Even if the person was recommended by your friend, take the time to conduct at least minimal screening. Here are some things you might want to check:

 

Attitude and behavior. Take mental notes when you first meet a potential tenant. Did they make an effort to dress nicely? Are they kind and polite? What kind of car do they drive and is it clean? Of course, you can’t judge people by these characteristics alone, but they should help you paint a bigger picture.

References from previous landlords. Do verify the reference by calling the former landlord, as it’s easy to forge a reference letter or have a relative write it. It’s also a good idea to ask how much the tenant was paying in rent at his former place.

Employment status. Your tenant should be employed, preferably for some time. You can request recent pay stubs and even talk to the employer to get more insights.

Credit history. Request a credit report on your potential tenant. Look for any open collections, late payments, bankruptcy and overall credit score. The report itself might cost you, but it’s better to be safe than sorry.

Criminal and eviction records. Find out if your tenant has had problems with the law in the past or is currently a part of an investigation or a litigation. You probably might want to reject someone who’s been arrested for public disturbance multiple times.

Social life. With social networks playing an important role in many people’s lives, almost everyone has a digital footprint. Search an applicant’s name in the search engines and look over their social profiles and other publicly available information. This will give you a better idea about their personality and lifestyle.  Google them, Check other Social Media for the names on the application. Do Your Homework as a Manager!

Besides conducting a thorough background check, also let your potential tenant tell their story. Find out why they are moving, what they do for fun, and see if everything they say matches the reports you’ve obtained.

 

 

Learn to compromise

It’s unlikely that you find a tenant that has everything you are looking for. Being picky is good, but don’t bluntly reject applicants based on certain things you uncover during the background check. Remember, every month your property stays unoccupied, you are not just failing to make profit, but possibly losing money as well.

Instead of focusing on separate accounts of “irresponsible behavior” on the part of your potential tenants, look at the bigger picture:

  • Everyone makes mistakes, and a criminal charge or an unpaid debt from back in the days doesn’t define a person. Focus on the past five years instead of considering someone’s entire history.
  • When screening couples, look at the combined income if low individual income is the only issue and everything else checks out.
  • Appreciate the honesty when someone tells you upfront about their bad credit or other issues. This means they understand the consequences of the bad decisions they made in the past and want to mend things.

A bad tenant can be a disaster to your rental property business. If you have multiple properties and consistently struggle to sort through dozens of undesirable applicants to find that perfect one, let us know and we’ll take that burden off of your shoulders.

 

 

Learn more about Tenants, Landlords and Property Management and Evictions on our website:  https://NationalEvictions.com

 

 

Tags: , ,
Tenant Screening: A Must for your Property!

Tenant Screening: A Must for your Property!

  • Posted: Oct 12, 2016
  • By:
  • Comments: 0

If you want to minimize the risk in your property investment business, you should understand that a key to your success isn’t just buying the right investment property.

Whether that’s you, or someone you hire. And a critical component of property management is finding the right tenant for your real estate investment property, which means tenant screening should be at the top of your priority list. Here are five things you can do to ensure that your tenant screening process helps you identify the best tenants and weed out the bad ones.

Continue reading

Tags: ,