U.S. CitiesCity-Data Forum Index
Covid-19 Information Page
Go Back   City-Data Forum > General Forums > Real Estate > Renting
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
 
Old 05-22-2012, 12:02 PM
 
1 posts, read 2,792 times
Reputation: 10

Advertisements

So my wife has had a bad tenant in her house. She's a woman that got arrested for drug charges a couple of months ago but was released. She was already on probation for drugs and has completely trashed my wife's house. For the last six months the woman has been consistently behind on rent. When she was arrested we gave her an eviction notice as she owed my wife $1800 but between tax returns and the local ecclesiastical leader she was able to pay it off. She is behind again and owes my wife $600. The only reason my wife has put up with this is because the tenant is her best friend's daughter. Now the woman's boyfriend has moved in and is supposedly trying to help her pay rent. Needless to say my wife has been incredibly stressed and we've deemed that we need to kick her out, move in and start working on house repairs.


I'm trying to put together an eviction notice and I'm not sure what I'm supposed to put as the reason...failure to pay rent? I don't want her to think that if she pays the rent she can stay. My wife has already told her that she wants her out near the end of next month and her tenant has told her that she is looking for new places to live. Thoughts?
Reply With Quote Quick reply to this message

 
Old 05-22-2012, 12:56 PM
 
16,255 posts, read 19,115,953 times
Reputation: 14186
How many more months on the lease or is it now month-to-month?

If already month-to-month, your wife needs to send proper written noticiation for tenant to move (i.e. 30 day notice.). Find out if certified mail is proper notice in your state and find out proper number of days. If your wife gave verbal notice, this date will probably come and go and your wife has not way to prove notice was given.

Once the notice move out date passes, then if tenant does not move out by then, then landlord begins eviction proceedings. landlord does not accept any rent at that point even if tenant has full payment and attempts to pay. Landlord needs to avoid speaking to tenant or texting/emailing at this time. tenant can try to use things you texted against you in court (they said I could pay stay another month if I agreed to move out at end of month). DO NOT PROMISE ANY MORE TIME. GET THEM OUT/EVICTED ASAP. They might give sob stories and try to stay longer and will promised a lump sum at that time. Or they will try to get you to allow furnitire storage for awhile while she is in possible rehab. There can be all kinds of sob stories and they will use them to try to buy free time from you. they won't say it is free time, but you will find out the hard way. play hard ball. you must.

IF a LEASE STILL EXISTS, when does it end? If a few months or longer, then eviction will be needed. There could be different reasons but you need to pick which one to go with. A lot depends on how the lease is written.
1) non payment. if tenant does not pay rent IN FULL by due date. then follow proper procedure for 3 day notice to pay or quit. DO NOT accept partial payment. If not paid in full then follow through with eviction. a lawyer is probably needed, else you learn your state law and learn all steps for doing eviction.

2) damage to property: does the lease (or state law) allow eviction if tenant has damaged property. Many leases and laws allow this. I would get an attorney to assist for eviction for this. Would go with #1 above first since probably easier.

3) tenant allowing other renter to move in. Your lease (hopefully) species that only person on lease is allowed to live there. anyone else that is there longer than X days is not allowed. If your lease has this, then you can evict for someone else living there against lease. But this could become he said/she said. You would try to get photos/proof of some sort. Option #1 is a better choice for eviction if she is late with rent again. tenant might say you knew about this other person living there and were ok with it. Not fun. Not sure of your state law but possibly you have to give her a chance for him to move out before you evict her. An attorney would know and you would need one for evicting for this situation.

Good luck.

Last edited by sware2cod; 05-22-2012 at 01:09 PM..
Reply With Quote Quick reply to this message
 
Old 05-22-2012, 01:28 PM
 
4,919 posts, read 20,672,889 times
Reputation: 6234
Quote:
Originally Posted by Monthi View Post
I'm trying to put together an eviction notice and I'm not sure what I'm supposed to put as the reason...failure to pay rent? I don't want her to think that if she pays the rent she can stay. My wife has already told her that she wants her out near the end of next month and her tenant has told her that she is looking for new places to live. Thoughts?
Get a lawyer because if you have to ASK what are the reasons, your in way over your head.

What are the LEGAL reasons allowed for an eviction under your states's Landlord Tenant law? Does the tenant currently fit into one of those? If yes, thats the reason . If no, you can;t evict

An eviction must follow the law, its not something you make up and do the way you want. So do you know the steps, processes and required legal notices for the eviction process?
Reply With Quote Quick reply to this message
 
Old 05-22-2012, 04:43 PM
 
5,033 posts, read 4,597,571 times
Reputation: 3083
If she has photos, you can have her evicted for not maintaining the house according to the lease. Also you can have her evicted for non payment, but she must NOT accept one penny in dime. But the problem is that if she is offered even $5, she must accept it.
Start the eviction process now, do not wait for the end of the month. Does she have a lease? if she does, read it over really well.
Reply With Quote Quick reply to this message
 
Old 05-22-2012, 05:01 PM
 
16,255 posts, read 19,115,953 times
Reputation: 14186
Quote:
Originally Posted by okaydorothy View Post
If she has photos, you can have her evicted for not maintaining the house according to the lease. Also you can have her evicted for non payment, but she must NOT accept one penny in dime. But the problem is that if she is offered even $5, she must accept it.
Start the eviction process now, do not wait for the end of the month. Does she have a lease? if she does, read it over really well.

It is my understanding that once 3 day notice to quit is sent (after renter is late for the monthly rent)....then renter either pays entire rent plus late fees IN FULL within that 3 days or they can be evicted. landlord does not have to accept partial payment and should not in this case.

Also...once the 3 days is over, then landlord does not have to accept any rent from tenant even if tenant has entire rent and all late fees. At this point, they missed the 3 day window and eviction is going to move along.
Reply With Quote Quick reply to this message
 
Old 05-22-2012, 05:50 PM
 
Location: California
4,402 posts, read 12,186,099 times
Reputation: 3136
Quote:
Originally Posted by Monthi View Post
So my wife has had a bad tenant in her house. She's a woman that got arrested for drug charges a couple of months ago but was released. She was already on probation for drugs and has completely trashed my wife's house. For the last six months the woman has been consistently behind on rent. When she was arrested we gave her an eviction notice as she owed my wife $1800 but between tax returns and the local ecclesiastical leader she was able to pay it off. She is behind again and owes my wife $600. The only reason my wife has put up with this is because the tenant is her best friend's daughter. Now the woman's boyfriend has moved in and is supposedly trying to help her pay rent. Needless to say my wife has been incredibly stressed and we've deemed that we need to kick her out, move in and start working on house repairs.


I'm trying to put together an eviction notice and I'm not sure what I'm supposed to put as the reason...failure to pay rent? I don't want her to think that if she pays the rent she can stay. My wife has already told her that she wants her out near the end of next month and her tenant has told her that she is looking for new places to live. Thoughts?
You are not, at least most likely, looking to "evict" the tenant. Rather you are serving her with a 30 day notice to vacate. There is a difference. An eviction needs a legal reason. A 30-day notice to vacate merely needs to be for a reason that is NOT illegal. Rent control and other housing laws can effect the reasons that are and are not legal. Get a lawyer, figure out what the correct legal reason is, and serve the notice. If she is still there at the end of the 30 days, you move to an eviction for the reason of failure to comply with the legal 30 day notice.

A month to month tenant is exactly that. Month to month, with no guarantees of the term for which the home will be available for the tenant. You just have to make sure that you folow the proper procedure.

This also helps keep the money from being an issue, as a 30 day vacate for non-monetary reasons is not invalidated if the tenant is current on their rent.

Also, depending upon desperation level, is a Cash for Keys deal legal in your area? I would also get a lawyer involved for this one, but often an "issue" tenant can be motivated to move by offering them money to vacate. This is ONLY ok after there is no longer a lease, I do know that much, and while often expensive, the eviction process after the 30 day vacate cab take 60-90 days. You are NEVER going to get any rent from that tenant during that process. So you are likely out a good 2 month's rent either way. You also, by getting her out, stop the damage to the apartment from getting worse.

This is all based off of my experience in property management in CA...so depending upon your state, there are going to be varying laws.
Reply With Quote Quick reply to this message
 
Old 05-22-2012, 05:55 PM
 
27,186 posts, read 55,214,293 times
Reputation: 21423
Not directed at you in particular...

Usually, a situation goes from bad to worse because of poor management...

Wishful thinking, friendships, etc... rarely will turn around a bad situation.

I've let tenants have some slack on rentals I own... but, never on rentals I manage for others...

Sounds like you do need legal advice to keep you from getting deeper in trouble... many tenants are more sophisticated then owners and often have free or low cost legal available.

One thing that has worked for me in the past... many will disagree... for me it was just being pragmatic.

Had a long term tenant that died of cancer... in her last months... family from around the country moved in to care for her... after she passed... they basically became squatters... rent/utilities went unpaid.

I had a sitdown with the family... her children and told them they had to leave... we could do it the hard way through the legal system or the easy way where I would refund in cash the Mom's $1200 security deposit to her 3 children if they were out at the end of the week...

They took the cash and we left on amicable terms..

It was simply pointing out to them that I would rather have them get the money than pay it to a lawyer... unconventional... yet practical for my situation.

Maybe a sitdown with your wife's friend is a place to start?

Last edited by Ultrarunner; 05-22-2012 at 09:50 PM..
Reply With Quote Quick reply to this message
 
Old 05-22-2012, 06:13 PM
 
Location: California
4,402 posts, read 12,186,099 times
Reputation: 3136
Ultrarunner: this exact reason is why I suggested Cash for Keys. I have done exactly what you did. In different circumstances, but I have had sit downs with bad tenants who were not working out and have basically said the same thing...do you want to get evicted or would you like money? Almost all take the money. There are just some possible legality issues, and as you mentioned, often tenants are pretty legally savvy as they have access to no cost representation. I would make sure to get appropriately recognized legal documentation if this option is used to keep the tenant from coming back after the locks are changed and suing for a "lockout" or some other such silliness.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:

Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Real Estate > Renting
Follow City-Data.com founder on our Forum or

All times are GMT -6.

© 2005-2020, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top