Evicting tenant for Violating Lease

[Ultrarunner]

Make it in their best interest to move...

I've had to do it several times over the years... the last two were for friends that had problem tenants.

Basically, you tell them in a nice non-threatening way that it is not working out... it's nothing personal and hand them the notice to get the ball rolling... if you are unsure, have the notice prepared by the lawyer that will see it through.

After I gave the last notice, I actually sat down in the living room and answered questions... I explained how a successful, unlawful detainer will be a matter of public record and there is no question about them moving... the only option is whether they would vacate without an unlawful detainer on their record or with one.

The choice was theirs...

They said they didn't need anymore credit/legal problems and I assured them everything on the landlords end would stop if they were gone by Sunday night... 3 days later, they had moved and left the keys.

Sometimes, it's just a matter of taking a stand and following through... either the easy way or hard way... it is entirely their choice.

The probability of recovering lost rent from a tenant is slim... most behind in rent do not have the assets or garnishable wages to go after... keeping emotion out of it has always served me well...

[shadow25]

Originally Posted by kodaka

There's the problem right there. In the future, don't mix business with friendship, ever. Determine your criteria for accepting applications (credit check, background check, references, etc) and rent to someone who responds to an advertisement.



Well I hope he's a good cop. A good cop who tells you that cops don't evict people, judges do, and it is a civil matter not a criminal one, so it isn't a cop's problem!

If you can't handle eviction expenses and hassle, you probably shouldn't be in the LLing business, because it is one of those inevitable, foreseeable parts of the business.

Personally, I feel the same way about mixing business and friendship, but the previous tenants were good, mainly the fact they had jobs bringing home $4k+ so $800 rent for a condo on the beach they gladly paid.

I'm not the landlord, my parents are. They are older, and they are the "trusting" type, while I'm not as "nice". Just want to get the tenants out, then they aren't going to rent it again.

This is the first month they haven't payed rent, it hasn't been an ongoing thing, but they have always been late ect, and my parents are too nice to charge late fees.

Just waiting on getting a copy of the lease from my mom, then I'll figure out what to do.

[virgode]

This post gave me the impression the tenant had not paid rent for
3 months. Renting to the previously evicted to do a friend a favor, these ppl have no shame.

Ultrarunners suggestion might not be a bad idea. Personally, I don't think they deserve the any leniency, but the sooner they leave the quicker your parents can re-lease and start collecting rent again.

It's true, you may never recover lost rental money from these tenants, but sooner or later they'll have to get jobs to pay their rent, unless their professional squatters. I'd make sure I took them to small claims court, even if I never recovered a dime.

Originally Posted by shadow25

Wow 3 months rent? That's close to $4000! Unfortunately, my parents do not have that kind of money.

I told them it wasn't a good idea to rent to these people (had been evicted out of their previous place), but they chose to because it was their neighbors friend.. Ugh.. all the previous tenants were great but they were people we've known for 10+ years with stable jobs.

I do know a lawyer from back in the day, so I'll give him a call and see what he says. Also have a cop friend, might see what he says.

Also, last time I tried to collect rent (my parents are older, I run errands for them), after the whole "hazardous" ****, they said they'd be out in 2 weeks, but I don't trust them at all.

Would it be beneficial to just post a notice regarding the dog and smoking? Either that, or just post up a 30 days cancel lease. 1 months rent is better than 3, and they wouldn't have any legal right to stay correct?

Would a 10 day notice to comply or quit work?


Sorry to keep adding, but I also found this via WSBA

[LEFT]Withholding Rent for Repairs[/LEFT]
Except for the limited right to make minor repairs and deduct their cost from the rent, a tenant has no right to withhold rent. The cost per repair may not exceed certain limits and reasonable notice to the landlord is required.

[carolbalzano]

If landlord evicts a tenant for violations to the rental agreement, can he still collect rent after the eviction is filed, but tenants have not moved out? I am the landlord. I have evicted the tenants for violations to the rental agreement. They stopped paying rent when they were served with the eviction papers. At this point, I am waiting for a court date. Yesterday, they offered to pay some rent. Can I accept the money? I know when the eviction is for non-payment of rent and the landlord accepts rent money, the eviction is canceled. But when the eviction is for violations to the rental agreement and the landlord accepts rent money, does it affect the eviction?

[LLinVA]

This should have its own thread.

Why are you evicting? It probably depends on your state.