Nicki; Searching for justice

| April 24, 2015

Our buddy, Nicki, bumped up against the Virginia justice system recently when she tried to boot some derelicts out of the house that she rented to them. I’ll let her tell the story;

They’ve been renting from me since November 2013. At first, they paid 6 months in advance, and there were no problems, but as time went on, they started paying rent progressively later and later. My property manager didn’t evict them, even though he had every right to if they didn’t pay by the 5th of the month, but they did eventually pay – even though it was late.

In September of last year, I got a call from Mike (my property manager), and he said he was really concerned, because they just didn’t pay. If I didn’t get that money, I would default on my mortgage. I pay $2600 for rent out here in Arlington, plus approximately $1600 for my mortgage. If I had to pay both, that would be the majority of my takehome pay for the month, so it was absolutely critical that they paid.

After a couple of months of this, and one month where I actually WAS late paying the mortgage, because they only paid part of their rent, I finally decided to sell the house. I met with them and Mike, as well as my realtor. I explained the situation to them – that this was a financial hardship for me, and that I had to sell the home. I told them they were welcome to stay until I sold the house, but asked them to make sure it was in a condition to show well.

That didn’t happen. They literally sabotaged showings. My realtor would text them and tell them he had a showing scheduled at a particular date/time. They would either not reply, or complain that the agent showed up late, or that the time wasn’t good for them. They sabotaged an open house. They were asked to leave for a few hours and have the place in presentable condition. They instead hid in the basement and presented a cluttered home. The last showing I had, they basically blocked the entrance to the kitchen, so the prospective buyer couldn’t get in, let their dogs loose in the house, and one of them ran up to the buyer and the agent, squatted right in front of them and pissed on my floor.

They were given a termination letter in February giving them two months to move. They called me at the end of March and asked for an extra few days. The wife begged, told me they just needed a few days, told me they were moving in with her daughter and putting stuff in storage. I believed them. I had Mike draw up a legal order giving them until April 5 – this was the date they had asked for in the first place – for them to sign, guaranteeing that they would be out of my house, and that they would pay for the days they stayed there. At that point they cut off all communication, and after a week or so, sent Mike an email basically telling him that they didn’t find a place, had no other place to go, and they’d be out when they’re good and ready. And sorry for the inconvenience.” That entire message is in that first link.

At this point, we petitioned the court for immediate eviction and possession of my home. A sheriff’s deputy delivered the notice telling them to either vacate or show up in court on April 23.

In court, Mike told the judge that they’d been given a termination more than two months ago, that they hadn’t paid the rent for April, and that I wanted possession of my home. The Coopers told the judge that they deserved to stay there, and lied and told them that they paid a $2400 security deposit, probably hoping the judge would just allow that deposit to be used in lieu of rent. That’s illegal in Virginia, AND they only paid a $1600 security deposit, but the judge either didn’t know this, or didn’t care.

Our initial petition requested that I get immediate possession of the home and that they be forced to pay April rent since they stayed there for free the entire month. The judge told them to pay April, and instead of giving me possession of my house, set a trial date – nearly THREE MONTHS later. Not only that, but he didn’t require them to pay rent for May, June, or July. He said that since we only requested April, they could just stay there until the July 9 trial date. Free. At my expense, apparently, because someone has to pay the mortgage.

The courts have no patience for people who follow the law and since property owners are hamstrung by the so-called justice system to protect that which they own, courts are skewed against them. That’s why “the damn rent is too high”. Property owners have to mitigate their risk to their capital when they allow people to live on their property by charging higher rent and there’s basically no relief for them in the court system except by spending more money for lawyers and being forced by the court system to loan their sole investment with no return in sight on that investment.

Nicki says that she’s lost hope and I really don’t blame her. On top of the fact that she may end up in bankruptcy and that she may lose her job because of this, most of us have believed in the system that is supposed to reward those of us who play by the rules, but it never seems to do that simple thing that it was designed to do.

Judges feel better about themselves when they succeed in perpetuating criminal behavior at the expense of the innocent victims, for some reason.

Category: Dumbass Bullshit

Comments (74)

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  1. MCPO NYC USN Ret. says:

    Hire a reputable PI to dig up dirt. Don’t pay too much. Just enough to obtain all criminal, civil and financial profile of every person residing and or occupying the residence.

    This will be very valuable to have when you need to exert the bullshitch flag!

  2. ChipNASA says:

    I can’t imagine what the local MEDIA would do with this BULLSHIT.
    Oh and so close to Washington D.C. that Veteran’s Advocates and Congress Critters can’t make the voice of Public Outcry change this situation?

    FOR SHAME!!

    • A Proud Infidel®™ says:

      I second what Chip said, especially if Judges in VA have to run for reelection!

      • Nicki says:

        They’re appointed by the General Assembly.

        • A Proud Infidel®™ says:

          Bummer. I also wonder if that Judge might have made that decision because of some obscure law, legislative or case, or he’s just some goose-headed liberal “Let ’em loose Bruce”?

          • Nicki says:

            Hard to say. My property manager was the one at the hearing. He said he’s NEVER seen anything like this. Worst case, the court schedules a hearing 30 days out, and the homeowner only loses maybe a month’s more rent. This… THREE months, and they don’t have to pay? AYFKM????????

            • OldSoldier54 says:

              This is so frikin’ bogus I can’t even find the words.

              I will be praying for some real Justice from the Judge of all things.

  3. Steadfast&Loyal says:

    Absolute bullshit.

    Wish I could offer help other then empathy.

    • OC says:

      S & L -go to Nicki’s website and hit the donate button.
      I just did.

      OC

      • Nicki says:

        You guys… I can’t thank you enough for your help. I never expected people to come over and donate. I’m floored.

        Then a friend of mine posted a GoFundMe campaign for me this morning (I initially didn’t really want her to do it, but eventually said OK with the caveat that none of that money is to be used to pay for these motherfuckers to remain in my house rent-free, but for the legal bills, which I’m sure will accumulate), which just stunned me in so many ways!

        Just the fact that I have the emotional support is so overwhelming!

        • OC says:

          Nicki, I’m not the most computer savvy guy on the planet. I did some searching on the gofundit site, but couldn’t find yours. Could you post the link please?
          Thanks,
          OC

          • OC says:

            Never mind – I looked at some of the newer replies and there it is !

            OC

            • Nicki says:

              OC, thank you so so so much! I think unexpected help is the best, and this crowd sourcing thing was pretty amazing, as are all of you! Thank you!

  4. Nicki says:

    I can’t even tell you guys how sick I am over this! Sure, there’s going to be a trial, but that judge scheduled it for July 9, giving these leeches three months in my house rent-free!

    I don’t know where the public outcry is. I wish I did. I can’t believe this judge. It was a simple possession case: they were issued a termination notice, they were given two months to move, they lied and said they were packing, they haven’t paid rent, and then – when they were finally forced to show up at a court hearing, because they did nothing to actually move out – they disputed the fact that they should leave!

    And the judge just gave them my house for three months! Just like that!

    Right to property? Justice? Nothing. Just nothing.

  5. Sapper3307 says:

    Cash donation to local outlaw biker club and a biker party in the house that belongs to you. The problem will leave in under five minuets. And their will be less damage to the house from the party than the parasites living scot-free for months.

    • Nicki says:

      I wish… Since this is going to be a legal battle, I need to do everything by the book. I hate the fact that they’re stealing my property, while I have to do everything legally. I just don’t understand…

      • MustangCryppie says:

        Nicki, I had a couple of tenants who were just like this. It sucked from beginning to end. Not to use too many technical terms, but some people are just fucking assholes.

        Chin up and don’t let these douchebags roll over you.

        And I’m with you. I STILL don’t understand how people can act like this.

      • AW1 Tim says:

        Have the local codes officer, the police, and the fire department make spot inspections for codes violations, habitability and safety issues.

        For example, I’ll bet you that if the fire detectors aren’t functional, or that there are some other such issues, say Radon, or something else, that the tenants could be forced out of the place then and there.

        Whoever lives there cannot deny the codes officer(s) or cops of firemen, etc, entry for a safety and/or welfare inspection when YOU, the owner, give them permission to do so. That’s how it works up here where I live, anyway.

        The other option is to simply wait for them to leave the place, then be ready with some good ol’ boys to go in at once and move all their stuff onto a truck and place it into storage, and change all the locks. Have a bunch of folks there to keep the tenants away when they come back, and give those two the keys to the storage locker.

        I had to do exactly that to one couple who were renting an apartment we managed. They were pissed off as all get out, but they had no choice in the matter. They owed 3 month’s back rent and had refused to leave.

        Anyway, best of luck to you. I’ll add your name to the prayer list.

        Oh, I’d also hit up the local press. Radio, TV, newspapers, etc. Play up the veteran angle and how you’ve been shafted by the local court, etc.

    • B Woodman says:

      Sapper, (and Nicki),
      I like that idea. But how about this? Just have a bunch of noisy people (who? dunno? not mine. (look innocent)) go around the house on irregular days, at all oh-dark-too-damned-early hours, climb the fence, make a lot of noise, wake up the “tenants”, run away, never get caught. Basically, drive the assholes out by having people more irritating then them, irritate them.

      • Sapper3307 says:

        Post a party on Craigslist. Repeat rinse repeat until cleaned out. I have seen people advertise everything inside is free for the tacking also.

  6. Pinto Nag says:

    Nicki, unless a miracle happens, you’ve probably lost control of your property. We had a similar situation here, and the people, when finally forced to move out, damaged the house so badly that it was condemned.

    I can recommend one thing. Talk to your mortgage lender, and see if there is anything they can do to help you get the property back under control, or ease your financial burden through the legal morass. The worst they can do is tell you they can’t do anything, but in their own interest, they might try to help in some way.

    I want to tell you how sorry I am to hear that this has happened to you. I pray that your situation will be resolved in your favor, and that your property will be returned to your control.

    • Nicki says:

      PN – Yes, I’ve already spoken to them. I have resigned myself to the fact that I’m going to lose my property – property I’ve been paying for and working to keep for the past 10 years. But I’m NOT going down without a fight.

  7. MustangCryppie says:

    Nikki, they say misery loves company. My wife and I owned a house in Germany and almost all the same things happened to us. The German legal system is rigged against landlords and sad to say it’s the same here.

    Our house owning experience in Germany was a nightmare from beginning to end and even after we sold the house. One of our problem tenants is suing us AFTER we sold the house.

    Oh, and wait until the tax bill comes due for capital gains. Joy!

    I will never own another rental property.

    Wish I had a positive story for you. All I can recommend is don’t let the bastards get you down! Fingers crossed that the whole situation comes out in your favor.

    • Nicki says:

      Man, I’m so sorry that happened to you guys. Now that I’m going through this, it’s physically sickening!

      The “good” news for me is that there’s no way I can sell my house for how much I bought it for, so no capital gains for me.

      • MustangCryppie says:

        “Glad” to hear that, Nicki.

        Believe it or not, we lost money in Euros when we sold our house, but we gained money when it was transferred to our American bank account (BIG mistake!) Voila! Capital gains! Grrr.

        But this isn’t about me. The real message is don’t give these jerks an inch, chin up and keep fighting. At least there are lots of folks here rooting for you.

  8. Combat Historian says:

    Nicki, I’m not able to offer you any legal or financial advice on this, but I CAN offer you my prayers that this will somehow be settled in your favor…

  9. Ex-PH2 says:

    Nicki, these people are bums and at best, vagrants. It’s a shame that the sheriff didn’t just put their junk on the curb, instead of handing them a notice to appear in court. Just make sure your insurance for that house is completely in order, in case those jerks do some serious damage to it.

    • Nicki says:

      Yep. USAA has my back. 🙂

      The sheriff couldn’t arrest them or boot them out without a court order giving me possession of my house back, which the judge refused to grant, choosing instead to allow these bums to live in my house.

      I don’t even…

  10. Dave Hardin says:

    Nicki is in a bad spot. We have all been there from time to time. Sometimes it seems as if the whole world had conspired against you. In those moments when hope is lost we all find the fiber of our own character and those around us.

    Nicki you have friends, I do not turn away from those I befriend. I never have and I never will. When this battle is all over and the dust settles you will find there are a few of us still standing with you.

    This will come to pass, better times await us.

    Semper Fi

    • Nicki says:

      Dave – it’s times like this when you realize just how amazing your friends are! Everyone has been so kind, and I’m not even talking financial support. I’ll get through this somehow. I’m talking about all the emotional support. It’s been overwhelming, and I can’t thank you guys enough.

  11. Carlton G. Long says:

    I’m awfully sorry to hear about this.

    I’m just curious…did you run a credit/background check on these tenants before renting to them? I realize that it doesn’t help your current situation, but maybe if you ever decide to try the property management game again it might help.

    Good luck to you.

    • Nicki says:

      We did a credit check, and it wasn’t stellar, but not horrible. They also told us that the house they were living in before, the owner was taking their rent and not paying the mortgage, so the bank foreclosed. Big mistake. Huge.

      • A Proud Infidel®™ says:

        These days you HAVE to assume they’re lying until you see proof otherwise. That’s why I sold my first house instead of being a landlord, I have friends who rent out houses, and I’ve heard plenty of war stories from them. I’ve seen where they play the “OH, but I’m a Christian…” crap as well, and the more someone plays that crap when they want something from you, the more you have to assume they’re con artists!

        • Nicki says:

          SO sick! Never again!

          If there’s one thing I learned through this ordeal is that I will NEVER buy another house ever again.

          • isnala says:

            It’s not the buying a house that’s tue problem its renting one out 😉

            • Nicki says:

              LOL! That is true. But with my job, I can get relocated fairly quickly, and getting rid of said house becomes a hassle. I just don’t want to do this anymore. I really don’t. I hate them.

            • Ex-PH2 says:

              I would say don’t buy the house unless you intend to live in it.

        • MustangCryppie says:

          Oh, Proud Infidel! Have you been spying on me?!

          When I started having problems with one of my tenants, the MINISTER called us up to “explain” that this joker and his family were “good” Christians, etc. The minister didn’t like it much when we didn’t buy that bullshit.

      • Carlton G. Long says:

        It sounds like they were taking advantage of your willingness to give them a chance. Shameful beyond belief.

        • Nicki says:

          I get this feeling they planned this all along. They lied about packing. They lied about their plans. They tricked me into giving them extra days, and then they just locked themselves in my house. They planned to ride it out as long as they could. That’s why they did next to no packing.

  12. Instinct says:

    Niki, I wish there was some way that I could help. Maybe if I win the lottery.

    What about a kickstarter or gofundme thing? I can pitch in a few bucks here and there, but maybe on a grand scale we might be able to get enough together to save your house.

    • Nicki says:

      So my friend Amanda had the same thought. I initially wasn’t thrilled about the idea.

      1) I HATE HATE HATE begging for money, and
      2) I refused to have any part of people’s kindness and generosity going to keeping these shitbags in my house free of charge. I find the idea morally reprehensible.

      So we compromised. She started the GoFundMe campaign, but with the caveat that the money will ONLY be used for legal bills and nothing else.

      I feel uncomfortable even linking, because it feels too much like begging, but…

      http://www.gofundme.com/ste6hug?fb_action_ids=922225691161471&fb_action_types=og.shares

      • teddy996 says:

        Nicki,

        I just paid in to your gofundme. This was not a donation, however. I consider it a subscription fee. I assume there will be blog posts and an entertaining AAR keeping us in the loop on how your legal team is giving the beat down to a dead beat child molester and his stupid cunt accomplice?

        • Nicki says:

          Teddy, you’ve made me laugh today for the first time in quite a while! LOL!

          First of all, thank you so much for your help!

          And second… oh yeah… you bet. As long as my lawyer clears, I’ll be posting all kinds of updates!

          • H1 says:

            Maybe photos of the next health and welfare walk through?
            It’s your house…

          • Sapper3307 says:

            Start up a Kickstart page its about survival.

          • H1 says:

            And, you are trying to sell it.
            So you need photos for the sales flyer…

          • H’mmmm. H-1 suggest a “health and welfare walkthrough…. Are there minor children in the house? Suppose some passerby thought he/she heard crying from a child and screaming from an adult. The right thing to do would be to call the Child Protective Services up there and report this. Over, and over, and over.

  13. GDContractor says:

    What bullshit. Isn’t the Constitution that you swore to defend supposed to protect against the seizure of property or something?

    I shared your blog page on my Facebook page along with the GoFundMe url. Wishing you luck Nicki.

    • David says:

      Unfortunately, that knife cuts both ways – you cant be deprived of your property without due process, and in this case the due process is working against Nicki and for the bozos.

      I sorta like the bikers etc. suggestions… no overt violence, just a strong smell of it in the air.

      • GDContractor says:

        I understand due process; but the judge, in allowing the squatters to live rent free until trial, has effectively seized her property, given it to the squatters, and denied her basic ownership rights until “due process” has a chance to catch up. Why have lease contracts at all in the state of VA? I owned rental property in Alaska for several years. Other than hating my incompetent property manager, I never had any serious problems… but I never realized that the system had the means of screwing someone over this bad in any state.

        • David says:

          in the current judicial favor-the-downtrodden criminal classes environment, I’m sorta surprised Nicki still has a house

          • Nicki says:

            Yeah, I don’t expect to have it for long. What the hell else can I do? Have to be legal. I have a job to protect. Have to wait for the “justice” system, in which I have ZERO faith. Just… yeah.

      • GDContractor says:

        “…no overt violence, just a strong smell of it in the air.”

        Yeah I hope Nicki doesn’t hire an exterminator that discovers termites in her house on April 30. Because then he would probably convince her to tent the house for a few months while the house gets repeatedly fumigated. Can’t take any chances with termites. Tough luck for the tenants. Can I get a tissue?

  14. FatCircles0311 says:

    Somebody should just kick their ass and dump the shit in the street.

    Just sayin.

  15. Reaperman says:

    While it’s true that fire doesn’t solve every problem, there is a huge temptation in this case…

  16. Ex-PH2 says:

    Nicki is not alone in going through a rough patch. She is about to find herself to be only one of many with a mortgage problem.

    All those people who took home equity lines of credit (HELOCs) out of their homes in the form of second mortgages are going to find their monthly mortgage bill more than doubling because the HELOC 10-year interest-only period is ending. If they have both 1st and 2nd mortgages on their property, what they owe is much more than the property is worth.

    There are more than 3.3 million of these from 2005-2008, when the market tanked, and more than half of them are seriously underwater, meaning they are worth FAR less than the amount owed on them.

    I may sound like a diehard optimist, but this pending disaster may have a silver lining to it. I hope so, for Nicki’s sake.

  17. OldSoldier54 says:

    Sent a few bucks to help, Nicki.

    As for them being Christians … we will see, because He knows His own.

  18. Skippy says:

    This is the reason I’m leery about renting to anybody all it takes is one F-d up judge and you can lose everything it’s amazing but it sounds like Virginia is turning in to a Leftwing haven….

  19. Ex344-MP says:

    Hang in there Nicki, there are a lot of people who have your back.

  20. Just an Old Dog says:

    It may be too late, but one option is going after the idiot on the bench. He was appointed by the State Assembly, they are voted in by the people.
    There can be no way in hell a judge can allow people to live rent-free for three months. Even if there is a dispute between the owner and renter the idiot in the robe can’t void the contract.
    If you can retain an Attorney that specializes in that area of law and document the Judge’s mishandling of the case.
    Put the heat on the bastard and ask for another Judge for the hearing, as he has displayed total ignorance of the law.
    Finally go to the media and make your the elected officials aware of the clown they put on the bench.
    Hopefully the trash you rented to can be held liable for all they owe and any damages.

  21. Nicki says:

    I just wanted to leave this here. For you guys. Because I love you all.

    http://thelibertyzone.com/2015/04/25/how-the-internet-restored-my-hope-in-humanity/