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1. send certified mail receipt requested "termination of tenancy" notice via USPS
2. send same as above but no signature required. Reference both tracking numbers in both letters and state identical letters sent.
3. I have a relative nearby my rental, and to be honest he is not very reliable but I think I can get him to do this: I'll know when the above letters will arrive (4 days after I sent them) and time it to all happen on same date. Have my relative tape the same notice on the front door (or similar notice). I'd give my cousin 2 copies of the letter plus a statement for my cousin to sign that he delivered it on ____ date, and have him take a picture of the notice taped to the door and another a bit farther away showing the address numbers on front house. Then he initials/dates the copy of the letter and signs and dates a statement saying he posted the notice on their door, and mails that part back to me along with emailing the pictures. (Would I need a witness too or is my relative only good enough. He could bring a friend as a witness).
I'm still going to get Mr. tenant on the phone and see if I can talk him into accepting notice and signing USPS receipt.
And gang, I am on my way out. It's too late in the game to turn me into an experienced, knowledgeable landlord. I already have one SFR on the market, the house in question here will be #2 on market, and my other two tenants have been behaving and will probably cooperate when I sell the other two properties in 2018 and 2019. (That's when their leases expire.)
And then I'll probably never post again in this part of the forum. I've had it being a landlord.
Please give me your opinion on my latest plan. I think I have been over-thinking it.
Lease expiration date is approaching in a few months, and has a clause that automatically converts to month-to-month unless either party gives contrary notice.
It seems to me after reading your advice that I should just hire a process server and have a notice delivered (if they accept) or taped to their door: "NOTICE OF TERMINATION OF TENANCY EFFECTIVE XX-XX-2017." Process service I checked with says all they will do is hand tenant notice or tape to door, then provide me with a statement date served and title of document. They said they won't even read it, just tape it and send my proof that whatever notice I gave them was served.
By doing this I am hoping that I have created the change that there is a defined last date of tenancy that can be used in future court proceedings.
I'm guessing the tenants will begin playing games with payment of late fees (one still waiting to be paid) to which I can respond with process server notices 5 day pay rent or quit. I understand that by doing this I am setting the legal stage for filing lawsuit to evict tenants before end of lease. I presume at this point I will also have to hire attorneys.
At this point my sole objective is to get them out on the last date of their lease, before it converts to month-to-month. Then if necessary I can file a lawsuit to recover any unpaid rent and late fees. However I suspect they will probably weasel out and I may lose the last 3 months rent. Does that sound about right?
Note that Mr. tenant works in different state than my rental, and I presume my case will be heard in the county where the rental is. Does anybody know if it is possible to get a court order in one state to attach wages in a different state?
Walk away from the place or sell it to one of those we buy ugly house people and be done with it, like today. Good God, all the aspirin in the world can't stop the headache you create for yourself. I can't imagine the turmoil you go through just to boil water!
What is overly complicated about serving a legal notice that their tenancy is terminated on the end date of their lease, and having a process server do it?
Also, a question for experienced landlords:
I have no idea whether they will go quietly, pay or not pay their rent after I serve them, but do you agree with me that I might as well get the job done now rather than later?
My reasoning is either they will continue to pay rent or not, they will either wreck the place or not, but whatever they are going to do won't change whether I try to get rid of them now, or in 3 months, or in 6 months?
What I am asking is, there is no time like the present, right? Might as well just serve the notice so they know they are leaving, and then work from there with 5 day notice to pay rent or quit, lawyers if I need them.
But there is nothing to be gained by waiting, right? Do you agree that I should hire the process server and have them served immediately, and then get on with the game no matter what it is.
Walk away from the place or sell it to one of those we buy ugly house people and be done with it, like today. Good God, all the aspirin in the world can't stop the headache you create for yourself. I can't imagine the turmoil you go through just to boil water!
Walk away from a house that is worth about $250K? One I owe 25% mortgage on?
Are you crazy?
Even if I were going to follow what I consider really bad advice, probably my best bet would be to sell it hoping to attract an investor, and set a low enough asking price that some experienced investor will take it off my hands and know how to get rid of the tenants. At that point they will be month-to-month so a good investor/landlord in the local area shouldn't have too much problem getting rid of them.
An experienced investor might rehabilitate your tenants...
A lot of it is pushing the envelope.
What concerns me is if money is really this tight what changed since they moved in?
I've had to decline applicants because they did not meet the income ratio... some did not understand that I was not doing them any favors setting them up to fail... no one wants to live paycheck to paycheck just to cover the rent.
As long as you are willing... this can all be learned... even through the school of hard knocks... whether it is worth learning is another questions...
I have helped several friends start in the landlord business... most have left and all but one had real financial gains...
They just reached a point where priorities changed.
'Runner, I know you're the best, and I appreciate your help.
Tenants won't answer my phone calls, rarely answer emails, pay rent late, pay late fees often months later, won't accept any written communication that requires a signature. I left a message at Mr. tenant's place of work and he didn't return my phone call.
I don't know what I can do about their finances. I'm already losing about $100/month on my Schedule E so I can't lower their rent. Whatever their finances are, I have no way to help them.
My only way out is to get them out of the house and sell it.
Do you agree with me that whether I deliver the termination notice this month, a few months from now, 6 months from now, that I have no idea what they will do (either move along peacefully or ruin my house) so there is nothing to be lost by simply serving them now and then let the law take its course?
I suspect they may become more erratic in paying rent but I can start serving 5 day notices on them then, right? And am I right in that those notices will pave my way to pursue legal action and forceable eviction?
This has become so bad for me that I am not even living a life any more. I'm finding it difficult to even think. These tenants are destroying me. I just can't imagine people so horrible that they would to this to a nice old man. (me) This is my retirement money and I need them out of the house, the house sold, and whatever is left of my investment back.
Please people, don't try to educate me to be a good landlord. I'll never make it. What I need is the best advice on how to exit the business as quickly as possible.
One more time: Hire a LOCAL attorney to manage the eviction for you.
Maybe your RE agent there can recommend someone to use...
but based on what else they've done (and not done) for you to date I'd be very suspect of them.
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