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If it's a month to month lease simply send her the proper notice of lease termination. If she refuses to leave she becomes a holdover tenant. As long as you accept the rent she can stay. So you cannot accept rent from her. You file for unlawful detainer and then proceed with eviction.
Yeah; that was definitely convoluted and not short! But I think it's a pretty straightforward termination of a MTM agreement; follow the usual procedure.
Nothing was ever put into writing that she could stay till June. She only gave us that date when she told us she wasn't buying the house. We did send her a letter saying that we would put the house on the market and try to sell as soon as we could. It is amazing that it happend this quickly.
Thank you for all of the responses. We are definitely going to cover all of our bases and check out the best way to deal with her uncommunicative nature.
This is in no way meant to be negative, just helpful. Paragraphs make your post more accessible. Just two days ago I read a post that was one large paragraph free sentence and it was a struggle to finish. I will not do that again, sorry.
Can you use your mouse and the arrow as a guide to follow your sentences? I like to scroll down with the bar and keep only the sentence I plan to read on top of the screen. That really helps me.
Oh boy what a mess with the tenant. First I would talk to the buyer and see if they would be interested in taking on the tenant for a month to month lease. That would be ideal, but these things usually never work out that way do they.
If the buyer isn't interested then I would be knocking on the tenants door for a good face to face. I would be nice about it and would tell her how much I appreciated what an awesome tenant she was and I'd be sympathetic on how difficult it would be for her to move in 30 days. I would ask her what I could do to make the transition easier. Best case scenario is an amicable split and she's out at the closing. Worst case scenario, she costs you a buyer.
I've found that being nice has gotten me farther with tenants cooperating then being mean, but there's always that exception. I made one tenants life so miserable that hey left half their stuff behind to get away from me. You just couldn't reason with him and that was the only way to get rid of a toxic rectum.
I hope you find a way to work it out without using a lawyer. Judges here side with the tenants and allow them to live rent free sometimes for months. I sweated one tenant that I asked to leave who had a two year lease that was pregnant. I sweet talked her into moving and convinced her that it was in her best interest to do so. I guess I made her feel so guilty that she never even asked me for her security deposit.
Go talk to your tenant and try not to turn it into a power play. You just may get the results you desire.
You need to speak to a local real estate attorney. Might cost you some money to get her out. Might be a short battle. Might be a long battle. The joys of tenants!
OH GAWD I went to go look at a farmhouse ( an rickety one nothing remotely fancy ) that I strangely had looked at almost a decade before outside Cleveland , Tx . I kept thinking jeez haven't I been out here before ??
Anyway after that Twilight Zone-ish-ness .....
The realtor sent me out there saying it may be messy as it had been rented forever and the tenants had been evicted
WRONG
They weren't going anywhere, said so, and a woman met me at the door with a shotgun and pointed it at me. I told her Id already seen it and assured her I wasn't going to buy the house and lets not get hasty here . I was leaving and I backed up towards my truck and got in . I never lost eye contact with her .. Got in and LEFT .. I called the realtor from a safe distance and told her DO NOT send anyone else out there until you are SURE the tenants are gone and informed HER not to go out there unless she wanted to get shot and explained what had happened.
Last edited by DutchessCottonPuff; 02-18-2016 at 02:00 PM..
OH GAWD I went to go look at a farmhouse ( an rickety one nothing remotely fancy ) that I strangely had looked at almost a decade before outside Cleveland , Tx . I kept thinking jeez haven't I been out here before ??
Anyway after that Twilight Zone-ish-ness .....
The realtor sent me out there saying it may be messy as it had been rented forever and the tenants had been evicted
WRONG
They weren't going anywhere, said so, and a woman met me at the door with a shotgun and pointed it at me. I told her Id already seen it and assured her I wasn't going to buy the house and lets not get hasty here . I was leaving and I backed up towards my truck and got in . I never lost eye contact with her .. Got in and LEFT .. I called the realtor from a safe distance and told her DO NOT send anyone else out there until you are SURE the tenants are gone and informed HER not to go out there unless she wanted to get shot and explained what had happened.
She was probably part of a "well regulated militia".
OH GAWD I went to go look at a farmhouse ( an rickety one nothing remotely fancy ) that I strangely had looked at almost a decade before outside Cleveland , Tx . I kept thinking jeez haven't I been out here before ??
Anyway after that Twilight Zone-ish-ness .....
The realtor sent me out there saying it may be messy as it had been rented forever and the tenants had been evicted
WRONG
They weren't going anywhere, said so, and a woman met me at the door with a shotgun and pointed it at me. I told her Id already seen it and assured her I wasn't going to buy the house and lets not get hasty here . I was leaving and I backed up towards my truck and got in . I never lost eye contact with her .. Got in and LEFT .. I called the realtor from a safe distance and told her DO NOT send anyone else out there until you are SURE the tenants are gone and informed HER not to go out there unless she wanted to get shot and explained what had happened.
And then you called the cops because she threatened you with a deadly weapon. You were a guest of the homeowner so even the most convoluted trespassing laws wouldn't help them.
She was probably part of a "well regulated militia".
I was gonna say that but have been hated enough by family and friends when I finally left Texas for good in the end when I came out as a LIBERAL AGNOSTIC married to a "yourpeen comnist" ya'll OMG !!!!!!!!!!!!!!!!!!!!!!!!!
I even have people I don't even know sending me letters in my "other" folder saying they will pray for me to come back to my senses . PLEASE !! For Pete's sake I am the happiest I have ever been other than living in Europe 4 years .
I even got a death threat from a guy my age I'd known 45 years if the Seahawk's beat the Cowboy's ... #gohawks is what I have to say about that !!!! ( RABID Seahawk fan since 81 anyway)
Freaks.
My apologies to any of my Texas brothers or sisters out there who are liberals or at least do not despise them to the point of real death . I don't mean to include you all in that rant .
Quote:
Originally Posted by AZ Manager
And then you called the cops because she threatened you with a deadly weapon. You were a guest of the homeowner so even the most convoluted trespassing laws wouldn't help them.
The realtor said she was doing that asap and since this was my second unsuccessful appearance at this house in a decade, I just left that town not even stopping for a icee .
I would text, email and send a certified letter advising her this is her final warning if her belongings are not out of the residence by a specific date that we will be changing the locks and clearing the house of all her belongings and legally evicting her --- which will go on her public record and making future leasing very difficult. In you letter be sure to state that if she does not confirm with you that she will be out of the house that you will immediately begin the eviction process because her lack of response will be taken as abandonment of the property.
I'm betting you'll hear back pretty quick. Your problem is she thinks you are a wet noodle and you need to show your stuff! Get a backbone.
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