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Im hoping that posting in this section will bring some helpful replies. I inherited a property and I put it on the market. I let the tenants know that I would be selling. The house is in contract and I served the 30 day notice in October 21. Ive offered cash assistance as well as any assistance they may need so I can close but no one is budging. I went to check on the property yesterday and the 2nd floor tenant had a bed delivered. I dont have time to go back and forth to court and wait 6 months for them to leave. I thought we could handle this amicably but the 2nd floor tenant isnt cooperating.
Her older daughter called me and said that her mom isnt trying to be difficult but the real reason is that she isnt in the country straight, and her visa expired 20 years ago and she works off the books so no one will rent to her without w2s. Can I offer her something to get her to leave? Is there a set amount that should be offered? I really dont know what else to do. I confronted her yesterday about the delivery of a mattress when I need people to move out not move stuff in. She told me to leave her alone, that she is depressed and suicidal. I left her alone.
Call the cops.With what you've said..they will have her off the property very quickly.They will probably arrest her.
The attorney that drafted up the 30 day notice for me. I thought I would have to wait until the 30 day notice has passed
You're half confused on the matter. You don't accept any money after the 30 days at the end of the notice. But that's neither here nor there.
Their ability to pay isn't at issue. Its what's called Tenant Holdover. You shouldn't have to pay her anything to leave. THere isn't a standard amount for that type of thing. What you're ultimately doing is paying her to do what she should do without payment. Not the greatest precedent in the world, but if its a better scenario for you than going through eviction court, so be it.
I don't know criminal law, nor much of landlord law, but .... if you were in there doing "official" landlord stuff they had approved of in writing, then I'm thinking it's pretty easy to get the law in there for the pot, and INS in there for the illegal immigrant part.
I don't know criminal law, nor much of landlord law, but .... if you were in there doing "official" landlord stuff they had approved of in writing, then I'm thinking it's pretty easy to get the law in there for the pot, and INS in there for the illegal immigrant part.
Nah... depending on what state they're in, it's unlikely the cops would show up for a little weed. It might even be legal (recreational and/or medical), and with the exception of a few areas, they wouldn't bother even if it wasn't. Just sayin'.
From a personally business standpoint, I'd calculate what you stand to lose from unpaid rent, legal fees, eviction costs, and potential damage to the building, and offer them 50% of that to pack up and leave, you'll be money ahead, let alone the aggravation. You can tell them that if they don't take it, your next call is to the police and INS, so there is a carrot and a stick at the same time. That should ease your conscience. If they refuse, make sure the place is insured and make the calls, no more Mr. Nice Guy. Be prepared for hard feelings, vandalism, etc.. This is why I would never be a residential landlord under any circumstances, the law is typically too lenient on the Bad Guys, if you're a landlord, you're automatically assumed to be a "Mr. Potter".
You need to have heart to hear talk with the children. Tell them that they will be moving out. They have no option on that. You gave them legal notice. Its their choice to follow the notice and leave or you will evict ALL of them and it will be on their records and as you follow the eviction process it will be noted that she has no legal income, she has no legal status to be in the USA so it will then be much harder for her to find a place willing to accept her/them...IF she is not detained.
That type of talk--no exceptions--no extensions-- they are out or you immediately begin eviction--may get them thinking and maybe one of the kids can do a rental application elsewhere--do one of them work legally? They will come up with something.
And no -never give the free rent/$ for keys upfront. You tell them that if they leave by a certain date and everything is cleaned up and they are completely gone, THEN you offer them a refund of their last month's rent.
For the record I tried selling it to investors willing to take the house with tenants but it didnt work. Everytime I had a showing after giving advance notice I had to go down there and clean, take out their garbage, make beds just to make sure the place was presentable. Closet doors punch straight through the wood during bickering between the siblings, cleaning up cigarettes butts off the floor as well as hiding hookas and marijuana bags. So Ive learned through this entire process that people dont respect what they dont own. 24 years shes lived in that house and for 24 years she nor her kids ever respected the property. My family member tolerated so much from this lot and was sympathetic to them. I am being human and putting myself in their shoes. What more can I do. I offered financial assistance, I offered everything to make this process go smoothly but to no avail
If someone disrespected the property as you say they do, why would you have a problem with getting rid of them? Let the attorney handle it. That is what you are paying him/her for.
Why does the mother think it's okay to disrespect US laws along with common decency in taking care of property that she is allowed to live in? Don't let your heart over ride common sense. If you wouldn't do it to someone else, don't allow her/them to do it to you.
Yikes. You had no business putting the house up for sale with tenants in it unless you were selling it as a tenant occupied house.
If your contract is for you to produce an unoccupied house at close of escrow then you have bigger and more expensive problems than just getting rid of tenants.
I didn't read past the first page of this thread but if all you are doing is just talking to these tenants instead of filing for eviction through the courts then you are cruisin' for a very expensive bruisin'.
Aren't you past the 30 day notice now? If you gave notice October 21st, worst case, they should have been out by November 30th. I'd set the court date now. In some states, that can take several more months, which may mess with your closing of the property, so talk to your attorney about getting that ball rolling.
You need to have heart to hear talk with the children. Tell them that they will be moving out. They have no option on that. You gave them legal notice. Its their choice to follow the notice and leave or you will evict ALL of them and it will be on their records and as you follow the eviction process it will be noted that she has no legal income, she has no legal status to be in the USA so it will then be much harder for her to find a place willing to accept her/them...IF she is not detained.
That type of talk--no exceptions--no extensions-- they are out or you immediately begin eviction--may get them thinking and maybe one of the kids can do a rental application elsewhere--do one of them work legally? They will come up with something.
And no -never give the free rent/$ for keys upfront. You tell them that if they leave by a certain date and everything is cleaned up and they are completely gone, THEN you offer them a refund of their last month's rent.
OP: You obviously have a kind heart. Follow it. The above is a good suggestion. Also, I'd guess there is an immigrant support agency / group in the area that could help this woman and her children to find another place to live. The tenant just needs a simple place to live; it does not have to be a three-bedroom apartment.
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