# Customer threatens you with Gun



## RangoWA (Jun 25, 2014)

kixnbux said:


> I can. I manage 54 homes


But you can't write law. Will the court back you up there? It takes 3 months here, you can't just throw people out no matter how much they deserve it. Notices are only as good as the system that enforces it. If a tenant doesn't want you on the property they are renting or leasing you can't be there. It's becomes the problem of the owner to take action if necessary.


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## TimNJ (Sep 7, 2005)

IN OK he may have some leeway.

I had a problem tenant that moved to OK and actually used me for a reference with the new landlord.
She called me and we got to talking about OK tenant law vs NJ tenant law and OK is pretty lenient with booting tenants.

I can't remember the specifics numbers but when I told her it takes about 6 months to evict here in NJ she couldn't believe it.
She told me she calls the local sheriff, problem solved.

Now whether the sheriff is completely following the letter of the law....


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## RangoWA (Jun 25, 2014)

TimNJ said:


> Now whether the sheriff is completely following the letter of the law....


If he's tossing them out in a few days he isn't.

http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=71699
Thirty (30) days' notice in writing is necessary to be given by either party before he can terminate a tenancy at will, or from one period to another, of three (3) months or less; but where in any case rent is reserved, payable at intervals of less than thirty (30) days, the length of notice need not be greater than such interval between the days of payment.


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## 480sparky (Feb 1, 2009)

kixnbux said:


> I can. I manage 54 homes


OK. But do you OWN them, or are you HIRED by the owner?

If the former, yea, I agree you can kick 'em out.

If you're a hired contractor, I doubt there's any law anywhere that gives you legal authority to tell a tenant of a customer to beat feet. Unless your contract with the owner includes language that includes you as an agent for the owner.


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## TimNJ (Sep 7, 2005)

RangoWA said:


> If he's tossing them out in a few days he isn't.
> 
> http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=71699
> Thirty (30) days' notice in writing is necessary to be given by either party before he can terminate a tenancy at will, or from one period to another, of three (3) months or less; but where in any case rent is reserved, payable at intervals of less than thirty (30) days, the length of notice need not be greater than such interval between the days of payment.



Now that's clear as mud.


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## RangoWA (Jun 25, 2014)

TimNJ said:


> Now that's clear as mud.


You can't be serious.


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## TimNJ (Sep 7, 2005)

RangoWA said:


> You can't be serious.




So if any kixnbux's properties is a motel they can be booted in one day if they are paying daily to stay there.


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## RangoWA (Jun 25, 2014)

TimNJ said:


> So if any kixnbux's properties is a motel they can be booted in one day if they are paying daily to stay there.


Never heard of a motel guest being called a tenant. Tenant implies you live there, it's your home. Guests sounds temporary to me.


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## kixnbux (Feb 12, 2015)

480sparky said:


> OK. But do you OWN them, or are you HIRED by the owner?
> 
> 
> 
> ...




I own 7 of them, I am the manager for another 47. I have full authority to evict. Here in Oklahoma it’s a 5 day notice to quit. I can post one if you like. It’s the first step in the eviction process


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## kixnbux (Feb 12, 2015)

RangoWA said:


> But you can't write law. Will the court back you up there? It takes 3 months here, you can't just throw people out no matter how much they deserve it. Notices are only as good as the system that enforces it. If a tenant doesn't want you on the property they are renting or leasing you can't be there. It's becomes the problem of the owner to take action if necessary.




In Oklahoma it doesn’t take time like in other states. If I’m managing the property I handle everything for the owner including evictions. There’s nothing the Tenant can do. 5 day notice gives them 5 days to leave before I file an official court summons. That gives a few more days. Judge typically gives them til the weekend to move or the end of the current paid month. I’ve never lost in court and I’ve done it for some pretty minor things


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## TimNJ (Sep 7, 2005)

RangoWA said:


> Never heard of a motel guest being called a tenant. Tenant implies you live there, it's your home. Guests sounds temporary to me.



Tenant implies you are paying to stay some where.
People stay at motels for long periods of time and can actually negotiate a cheaper price for the long term stay.


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## TimNJ (Sep 7, 2005)

kixnbux said:


> In Oklahoma it doesn’t take time like in other states. If I’m managing the property I handle everything for the owner including evictions. There’s nothing the Tenant can do. 5 day notice gives them 5 days to leave before I file an official court summons. That gives a few more days. Judge typically gives them til the weekend to move or the end of the current paid month. I’ve never lost in court and I’ve done it for some pretty minor things




That sounds about like the lady I talked to out there told me. 
I waited to call her until my tenants had moved out. Then I called her and warned her about them.
She told me when they show up she would hand them their deposit back and tell them to find someplace else.


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## RangoWA (Jun 25, 2014)

kixnbux said:


> In Oklahoma it doesn’t take time like in other states. If I’m managing the property I handle everything for the owner including evictions. There’s nothing the Tenant can do. 5 day notice gives them 5 days to leave before I file an official court summons. That gives a few more days. Judge typically gives them til the weekend to move or the end of the current paid month. I’ve never lost in court and I’ve done it for some pretty minor things


The law says 30 days minimum though. Some day someone may look it up. Judge said I won the case but where was my money? Didn't happen. You go to court over minor things? Not me, two cases in 33 years.


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## RangoWA (Jun 25, 2014)

TimNJ said:


> Tenant implies you are paying to stay some where.
> People stay at motels for long periods of time and can actually negotiate a cheaper price for the long term stay.


Like I said I never heard of a hotel guest called a tenant before. A tenant would be a renter or leaser. Different words for different meanings. I'm not sure what you're trying to do.


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## RangoWA (Jun 25, 2014)

TimNJ said:


> That sounds about like the lady I talked to out there told me.
> I waited to call her until my tenants had moved out. Then I called her and warned her about them.
> She told me when they show up she would hand them their deposit back and tell them to find someplace else.


They gave her a deposit with no contract?


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## TimNJ (Sep 7, 2005)

RangoWA said:


> The law says 30 days minimum though. Some day someone may look it up. Judge said I won the case but where was my money? Didn't happen. You go to court over minor things? Not me, two cases in 33 years.




Except:


but where in any case rent is reserved, payable at intervals of less than thirty (30) days, the length of notice need not be greater than such interval between the days of payment.


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## TimNJ (Sep 7, 2005)

RangoWA said:


> They gave her a deposit with no contract?




Happens all the time with me.
They come look at the place and give me deposit to take it off the market.

We do all the official paperwork (lease, etc.) right before they move in.


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## TimNJ (Sep 7, 2005)

RangoWA said:


> They gave her a deposit with no contract?





Plus in this case they being in NJ and the house being in OK, they only had photos in an ad to make their decision. 

I can see the landlady out there definitely telling them if they want the place put up some kind of money to "hold" it. Otherwise you get burned by people who claim they want it, but never come back and you lose out on other possible tenants.


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## RangoWA (Jun 25, 2014)

TimNJ said:


> Except:
> 
> 
> but where in any case rent is reserved, payable at intervals of less than thirty (30) days, the length of notice need not be greater than such interval between the days of payment.


You have tenants that pay by the week?


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## RangoWA (Jun 25, 2014)

TimNJ said:


> Plus in this case they being in NJ and the house being in OK, they only had photos in an ad to make their decision.
> 
> I can see the landlady out there definitely telling them if they want the place put up some kind of money to "hold" it. Otherwise you get burned by people who claim they want it, but never come back and you lose out on other possible tenants.


Anecdotes can be all over the place, what people do, don't do or get away with isn't the point. If you are throwing people out on the street you need to be very familiar with the law. Otherwise it could come back and bite you hard.


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