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I am a Landlord, and I work in Law Enforcement (I'm a respectful officer, and treat others like I'd like to be treated). You do not need lawyers. Simply have them evicted through the local Sheriff's department. You can go to magistrates court or local court and file for eviction if you have the lease agreement in writing. You have been kind and they have taken advantage of that. They cannot tell you they refuse to leave, it is your property. Evict them through the court.
The rental laws and eviction procedures can be different in each area and it is against TOS to give legal advice on this forum.
The best thing for those who are inexperienced to do is to hire an attorney who is experienced with this type of legal issue.
Agree with coastalbum. There is no point in telling a tenant you'll charge them $500 more per month if you plan to evict them. In a way, that is permission to stay at a different rent amount.
To get a different rent amount, you'd have to give them notice of an increase in rent, which means they're still a tenant.
There's really no reason to communicate any further, unless you just want to give them another written notice that you will evict them through the court system if they don't vacate at the end of their tenancy. Then, just go through the court to evict them. Hire an attorney if they don't vacate. You'll just need an eviction attorney. They usually only charge a flat fee.
It depends on the state law. In my state, eviction for an overstay could take 3-4 months. So you start the process on February 1st, and sometime around the end of May, you finally get them out of the house, at a cost of around $5000 in attorney fees (plus sheriff fees if you have to forcibly evict).
If instead, you give them 30 day notice (or whatever your state requires) that says they have to move, and that if they illegally stay, the rent will be $500 more a month. Then, when they don't pay the increased amount, you start the eviction process for nonpayment on the 2nd, and by the end of February, they are gone, at a cost of about $500 in attorney fees (plus the same sheriff fees as above if necessary). If they do pay, then the next month, you raise the rent another $500. My attorney said he is yet to see an instance in which the judge ruled the rent increase to be unfair in these circumstances.
So, have them out in May after spending $5000, or have them out in February after spending $500. Worst case scenario, they really want to stay those 2 months they stated and cough up the money on time, and you get some extra money in your pocket and have rent on time.
Again, this almost certainly WILL vary by state, but in mine, there is definitely a point to doing things this way. But we agree that the OP should hire an attorney to find out the best way for his/her state.
It depends on the state law. In my state, eviction for an overstay could take 3-4 months. So you start the process on February 1st, and sometime around the end of May, you finally get them out of the house, at a cost of around $5000 in attorney fees (plus sheriff fees if you have to forcibly evict).
If instead, you give them 30 day notice (or whatever your state requires) that says they have to move, and that if they illegally stay, the rent will be $500 more a month. Then, when they don't pay the increased amount, you start the eviction process for nonpayment on the 2nd, and by the end of February, they are gone, at a cost of about $500 in attorney fees (plus the same sheriff fees as above if necessary). If they do pay, then the next month, you raise the rent another $500. My attorney said he is yet to see an instance in which the judge ruled the rent increase to be unfair in these circumstances.
So, have them out in May after spending $5000, or have them out in February after spending $500. Worst case scenario, they really want to stay those 2 months they stated and cough up the money on time, and you get some extra money in your pocket and have rent on time.
Again, this almost certainly WILL vary by state, but in mine, there is definitely a point to doing things this way. But we agree that the OP should hire an attorney to find out the best way for his/her state.
I don't understand the difference. Why would one eviction only cost $500, where the other would cost $5,000?
Either way they overstay, whether or not you tell them the rent will be more, according to the OP. I don't get it.
I'm wondering how they screened out before you let them in the property....
You want to know how they screened out? They Seemed Nice. Yes, that's what I did. I know now that was a terrible mistake.
The mess goes on.
Last week she offered the same deal again. If I pay their moving expenses ($1800) they'll move out at the end of the lease. What???? Gee, thanks.
This week she wanted hard copies of all the utility bills (which are in my name so I send them a copy/paste each month) for their accountant. The lease clearly states the house is to be used for residential purposes only and I knew they were going to try to claim some bogus business. When I pressed the issue she told me it was "none of my business". She finally admitted in writing they were going to claim utilities on their taxes. I shut her down on that one.
Now she's saying she will pay this month's rent in 3 installments. She tried that last month and I refused so I got the entire rent on time. I reminded her AGAIN that that's in violation of the lease. I haven't even opened the new emails because I need a break from all the BS.
She also wanted to know if I would do a Rent-to-Own. They can't pay the damn rent as it is. At least that one gave me a chuckle.
My question now is - Have you ever hired an attorney just to deal with unrelenting, lying, insulting, and threatening emails and messages? Do lawyers do that? I don't want to seem like an idiot to the attorney.
Or should I just be as factual and professional as I can if the paperwork and documentation is on my side?
BTW, per my attorney, evictions in this state take up to 3 months for something other than nonpayment and can only be started the day after the lease ends in a holdover situation.
The second they don't pay the rent, you have them. Hold firm and do not accept partial rent.
Also, is any of this communication in writing? If so, it may come in handy if you do have to evict for overstaying as it shows their pre planning of this and will hopefully cause the judge not to buy whatever sob story they give.
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?
The big downside I see is that the tenants may trash your house before the sheriff throws them out. So I'd suggest reviewing your insurance policy now for what/how much is covered in a case of hooligan tenants. But if you are thinking of remodeling the house anyway, then it may neutralize that scenario.
There are several ways to play this. How much is the house worth? Rent amount? Mortgage? $1,800 sounds like a lot but it's all in context. If you're paying $3,000 a month mortgage on the house and you need to sell asap, then perhaps negotiate with the tenants (offer $500 instead of $1,800 etc).
If your house is paid off and you have the time/capital to play this through, then screw them and just tell them you'll see them in court.
At any rate, keep the threatening email; it may come in handy one day when it is presented to a judge.
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First never pay for keys thats not how it works because they will still trash your house and laugh that got 1800 dollars out of you. I have at least 3 house I bought from a landlord with a tenant still there after they were paid to leave and never did. I shake my head when the landlord says I do not no what to do I paid them to leave. I had a little talk to the tenants after buying the house and all 3 left in a week your a landlord or not. Why I say this is your in over your head get a good landlord or management company to help you out.
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