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Old 01-27-2016, 08:15 PM
 
16 posts, read 17,298 times
Reputation: 18

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I've sent my tenants a notice letting them know I'm not renewing their one year lease. They're very upset with my decision and are threatening to stay for 2 months beyond the end of the lease. They claim it's because of the school year even though they had no problem moving last year. They're not great tenants (7 late rent payments out of 9 and get huffy when I chase down the rent) so I have no intention of extending the lease. I want them out so I can put the house on the market ASAP and get some peace.

Today they sent an email telling me if I pay for their moving expenses ($1800) they'll leave at the end of the lease. Other than that they'll stay the extra 2 months and face an eviction.

Do you think they're just blowing smoke with an amateur extortion scheme?

I have to listen to the whining and threats for 3 more months until the end of the lease.

Would you ignore or engage?
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Old 01-27-2016, 09:54 PM
 
Location: Kansas City North
6,818 posts, read 11,548,200 times
Reputation: 17146
If I was going to offer them anything, I'd make it contingent on them being out in 14 days from today.
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Old 01-27-2016, 09:57 PM
 
Location: Raleigh, NC
19,441 posts, read 27,844,220 times
Reputation: 36113
I'd hire a good lawyer and evict their a$$ as quickly as he/she couldarrange. I'm not a landlord. (And next time DH tries to convince me to diversify our investments with rentals, I'm showing him this post.

Sorry you're dealing with this.
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Old 01-27-2016, 10:09 PM
 
Location: Silicon Valley
18,813 posts, read 32,512,273 times
Reputation: 38576
I'd ignore them. No need to respond. You already gave them notice in writing, right? So, the day after their lease ends, start eviction proceedings.
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Old 01-27-2016, 10:15 PM
 
Location: Austin, TX
16,787 posts, read 49,073,910 times
Reputation: 9478
Quote:
Originally Posted by StormyNight3 View Post
I've sent my tenants a notice letting them know I'm not renewing their one year lease. They're very upset with my decision and are threatening to stay for 2 months beyond the end of the lease. They claim it's because of the school year even though they had no problem moving last year. They're not great tenants (7 late rent payments out of 9 and get huffy when I chase down the rent) so I have no intention of extending the lease. I want them out so I can put the house on the market ASAP and get some peace.

Today they sent an email telling me if I pay for their moving expenses ($1800) they'll leave at the end of the lease. Other than that they'll stay the extra 2 months and face an eviction.

Do you think they're just blowing smoke with an amateur extortion scheme?

I have to listen to the whining and threats for 3 more months until the end of the lease.

Would you ignore or engage?
Yes they are just blowing smoke and/or are extremely ignorant regarding the eviction laws. There is absolutely no way you should consider paying them anything. They have no right to expect it. Sounds like you need to do the following:

1. Research the eviction laws in your state and get the paper work ready to proceed with it immediatly if they do not move out promptly at the end of the lease.

2. Send them a second letter advising that if they have not moved out at the end of the lease you will promptly proceed with an eviction on them. Advise them that having an eviction on their record can have a very negative effect on their ability to qualify for future rentals, employment offers and will negatively effect their credit score for decades to come.

3. Research your state laws regarding ending a lease, move out inspections if required, deadline for notice of damages and amounts to be withheld from their deposit, etc. And be prepared to do all of this in a timely manner. There is a chance they will try to retaliate against you by damaging the property. This is something you have no control over, beyond reminding them that any damages will be withheld from their deposit, and you can sue them later for any amounts that exceed that deposit.

Best of luck...
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Old 01-27-2016, 11:19 PM
 
Location: North Idaho
32,658 posts, read 48,053,996 times
Reputation: 78451
I generally don't give cash for keys, but I sure as heck would not give cash for keys if the tenant threatened me.

I'd give them a written notice that if they are not out on time, that eviction will be started on the grounds of over-stay and their rent during the over-stay period will be charged at $500 a month higher than their previous rent. Give the date that they are to be out, again, in that notice.

If they really look like they are going to be difficult, I suggest that you hire a lawyer who specializes in evictions. Have him do the paperwork so that the tenants don't get to stay longer on a technicality because some paperwork was filed incorrectly.
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Old 01-27-2016, 11:53 PM
 
Location: Phoenix, AZ area
3,365 posts, read 5,240,667 times
Reputation: 4205
Quote:
Originally Posted by oregonwoodsmoke View Post
I generally don't give cash for keys, but I sure as heck would not give cash for keys if the tenant threatened me.

I'd give them a written notice that if they are not out on time, that eviction will be started on the grounds of over-stay and their rent during the over-stay period will be charged at $500 a month higher than their previous rent. Give the date that they are to be out, again, in that notice.

If they really look like they are going to be difficult, I suggest that you hire a lawyer who specializes in evictions. Have him do the paperwork so that the tenants don't get to stay longer on a technicality because some paperwork was filed incorrectly.
That is an important part. That way when you do have to go to evict them you also get a larger judgment. Send that notice now, certified mail, that states the lease is not being renewed and they are to vacate by the date the lease is up (put the actual date). If they stay beyond the lease terms the rent will be an additional $500 a month for each additional month the tenant occupies and tenant will be evicted immediately. This is partly why my leases include a hefty rent increase after the original term, gets them to either leave right away and not play games or sign a new lease and most go with the new lease.
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Old 01-28-2016, 03:16 AM
 
7 posts, read 6,905 times
Reputation: 27
Hi, I am about to go through the same issue and I refuse to let them get over. I will pay a lawyer before I allow these freeloaders to stay. I have a house that I was renovating and it had a few quirks that I was trying to iron out before rental. I had it posted for rental on January 1st. A lady called and asked could she drive by and look at it, so I agreed. I told my husband that if he was working on the house, some people were driving by to look at it. My husband end up showing the house to the couple and they liked it and wanted to rent it immediately. Against my better judgement, I bought the story that they had to move out of the place they were staying with family and would love to have their own place by Christmas. I was given a Month old pay stub, id and a ss card. I collected 1 months security and since they move in a week into the month, I only charged them two hundred dollars instead of prorating rent so they could buy Christmas presents for their kids. The next week I got a call that they tub was stopped up, so the plumber fixed it same day. The following week they called about the toilet leaking, the plumber fixed it same day. We did not know the house we bought had plumbing issues and tried to explain to them that this was one of the things we were checking when they were so adamant about moving in. We final receive January rent last week after multiple promises that they had the rent and complaints about odor in house. We immediately got a plumber and had the entire sewage system dug up an replaced and under the house cleaned for bacteria and mold. There are no complaints thus far, but they still owe us $25.00 from last months rent and in a few days next months rent is due. We rented the house with all new ceiling fans, a new bathroom, a refrigerator, stove, range, microwave, washer dryer and full size ac for living area. I personally sanded and stained all the floors by hand and painted the entire house with my husband. I found that they have a moped in the living room and have not put out the leaves that I have asked them to in December when I raked them up since it was not pick up day, I would have done it myself. They have a 3 month lease and it is time for them to go. I will have to go to the court, but I think I have to give them 30 days. I am sure they have been evicted before and know the ropes, so I am prepared toget a lawyer. A lesson well learned
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Old 01-28-2016, 03:53 AM
 
10,746 posts, read 26,026,661 times
Reputation: 16033
Quote:
Originally Posted by StormyNight3 View Post
I've sent my tenants a notice letting them know I'm not renewing their one year lease. They're very upset with my decision and are threatening to stay for 2 months beyond the end of the lease. They claim it's because of the school year even though they had no problem moving last year. They're not great tenants (7 late rent payments out of 9 and get huffy when I chase down the rent) so I have no intention of extending the lease. I want them out so I can put the house on the market ASAP and get some peace.

Today they sent an email telling me if I pay for their moving expenses ($1800) they'll leave at the end of the lease. Other than that they'll stay the extra 2 months and face an eviction.

Do you think they're just blowing smoke with an amateur extortion scheme?

I have to listen to the whining and threats for 3 more months until the end of the lease.

Would you ignore or engage?


You don't pay people to move at the end of their lease, you pay them to move out early.


You sent your notice of non renewal so stand firm and ignore them. If they stay one beyond the expired lease start the eviction process and get them out.
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Old 01-28-2016, 04:00 AM
 
10,746 posts, read 26,026,661 times
Reputation: 16033
Quote:
Originally Posted by Jazzy50 View Post
Hi, I am about to go through the same issue and I refuse to let them get over. I will pay a lawyer before I allow these freeloaders to stay. I have a house that I was renovating and it had a few quirks that I was trying to iron out before rental. I had it posted for rental on January 1st. A lady called and asked could she drive by and look at it, so I agreed. I told my husband that if he was working on the house, some people were driving by to look at it. My husband end up showing the house to the couple and they liked it and wanted to rent it immediately. Against my better judgement, I bought the story that they had to move out of the place they were staying with family and would love to have their own place by Christmas. I was given a Month old pay stub, id and a ss card. I collected 1 months security and since they move in a week into the month, I only charged them two hundred dollars instead of prorating rent so they could buy Christmas presents for their kids. The next week I got a call that they tub was stopped up, so the plumber fixed it same day. The following week they called about the toilet leaking, the plumber fixed it same day. We did not know the house we bought had plumbing issues and tried to explain to them that this was one of the things we were checking when they were so adamant about moving in. We final receive January rent last week after multiple promises that they had the rent and complaints about odor in house. We immediately got a plumber and had the entire sewage system dug up an replaced and under the house cleaned for bacteria and mold. There are no complaints thus far, but they still owe us $25.00 from last months rent and in a few days next months rent is due. We rented the house with all new ceiling fans, a new bathroom, a refrigerator, stove, range, microwave, washer dryer and full size ac for living area. I personally sanded and stained all the floors by hand and painted the entire house with my husband. I found that they have a moped in the living room and have not put out the leaves that I have asked them to in December when I raked them up since it was not pick up day, I would have done it myself. They have a 3 month lease and it is time for them to go. I will have to go to the court, but I think I have to give them 30 days. I am sure they have been evicted before and know the ropes, so I am prepared toget a lawyer. A lesson well learned


looks like you learned a hard lesson. I suggest you run a credit/background check on all your applicants and call their employer on your own. Never, ever, ever rent a unit that is in the middle of 'renovations'...that's just asking for trouble.


If you plan on keeping this house as a rental, you should consider hiring a property manager and you need to read, and learn, the landlord/tenant laws for your state.
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