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by Mel Metts

Deadbeat was behind on his rent, so Landlord served a Five-day Notice. After the lapse of five days, Landlord filed the Complaint in Forcible Entry; Deadbeat was served but did not file an Appearance. Deadbeat did not appear in court on the Return Date, so Landlord was awarded Default Judgment for money and possession.

At the Sheriff's department, Landlord scheduled the eviction for December 13, 2005. As a favor, a Realtor friend suggested the names of two helpers who could assist in removing Deadbeat's belongings on Eviction Day.

On December 13, 2005, Landlord, the two helpers, and the deputy Sheriff arrived for the eviction. When the helpers learned Deadbeat's identity, they refused to assist in the eviction because Deadbeat was their friend. Without sufficient manpower to perform the eviction, the Deputy told Landlord he must reschedule the eviction for a later date.

When Landlord rescheduled the eviction, he was told that the next available date was January 12, 2005, nearly a month's additional delay. During the intervening month, Deadbeat's furnace failed, and Landlord arranged for the furnace to be serviced.

The furnace was old and near the end of its useful life, and the repairman suspected that Deadbeat had done something to "sabotage" the unit. He did not have the necessary parts to complete the repair, so Landlord provide three portable space heaters.

In the meantime, Deadbeat's water heater failed, and a different repair service was called. The repairman determined that the gas control valve had been damaged by Deadbeat, and the unit was repaired at a cost of nearly $300.00. (Both the furnace and water heater were located within the apartment, so nobody else had access.)

Meanwhile, Deadbeat called the city's Code Enforcement Department complaining about lack of heat and hot water. Landlord was cited by the Code Official, and ordered to appear before an Administrative Hearing Officer in Housing Court at 2:00 p.m. on January 12, 2006.

The furnace repairman returned the furnace to operation, but the blower timing mechanism was faulty. The heat would cycle on and off, but the furnace blower ran continuously. Landlord decided to wait until the eviction was completed before putting more money into the furnace; after eviction, Landlord planned on having a new furnace installed.

Landlord hired two helpers from a temporary labor agency, and the eviction was completed on the morning of January 12, 2006. Landlord changed the apartment locks.

At the Administrative Hearing, Deadbeat testified that the furnace had been spewing carbon monoxide, causing Deadbeat and his family to become ill. Landlord was fined $750.00, though there was no evidence presented to document the presence of carbon monoxide.

Returning to the rental property, Landlord discovered that Deadbeat had reentered the apartment through an unlocked window, and proceeded to move all his belongings back inside.

Landlord called the Sheriff's department and was told that this was a local police matter. The police were called, and came to the property. Deadbeat was not present, but some friends and family members were inside. They were ordered to vacate the premises, and complied.

When Deadbeat returned to the apartment, the police were again called, and arrested him for criminal trespass (a misdemeanor). He was booked and released. After his release, Deadbeat contacted and threatened Landlord, who reported the threat to the police.

Landlord entered the apartment to inventory Deadbeat's belongings inside. While Landlord was present, Deadbeat returned. Deadbeat called the police and reported that Landlord was stealing his belongings. Both Landlord and Deadbeat were taken to the police station.

Neither Landlord nor Deadbeat were charged; Deadbeat was advised to return with a truck to remove his belongings while police stood by to keep the peace. The police officer advised Landlord that Deadbeat had a lengthy criminal record of armed assault, and told Landlord to keep away from Deadbeat for his own safety.

When Deadbeat refused to remove his belongings voluntarily, Landlord filed a motion with the Circuit Court for a new order for possession. The motion was denied; the judge ruled that his earlier order was still valid.

Eventually, Landlord prevailed on Deadbeat's relatives, and was ultimately successful. Deadbeat's sister was a local elected official, and she convinced Deadbeat to move voluntarily. When Landlord recovered the apartment it was full of trash, and there was fire damage in the kitchen.

It is unlikely that this will ever happen to you if you screen your applicants properly; always conduct a background check for criminal and eviction history, and speak to current and prior landlord.

After every eviction, change the locks and secure the windows!