Should I evict or ride it out?

[Kyle Rice]

I have a tenant who I probably should've evicted a long time ago. Brief history: this tenant is the HR lady at my workplace and I originally broke my own rules by allowing her to have a pet and pay the security's deposit late. Within the first couple months she had a visitor past the 7 days without approval, had an additional pet staying there and there was a fist imprint in the refrigerator door. Since she and her fiancé worked with me I decided to write a letter and have a sit down with them. They agreed to pay the damage for the refrigerator and were apologetic about the other violations. Fast forward to this month...they are now on a month to month lease. She calls me the other day to give 30 days notice on the 11th of the month and asked if I'd let her move out by the 1st of May. I then informed her that we need 30 days notice before the rental due date which is the first and that it must be written. Yesterday she turns in a handwritten letter that is dated the 10th of April and has a few snide remarks in it. Then the following morning my wife saw the tenants now husband drive over a section of our grass and spin his tires,ruining that section of the lawn, while on his way to work. Today I noticed another area where he cut the corner and left huge tire marks in the grass. My question is would you bother with confronting this tenant and or evicting? It's touchy since she handles my pay checks and other papers at my workplace. They will be gone at the end of May. Would you ride it out? At the same time I feel we should not let them get away with all this but I know I've got to choose my battles...Thoughts?

[Brie Schmidt]

Personally, I would let them out May 1 - if you feel they are purposely damaging the property because you are making them stay I would get them out asap.

Legally, it is not like she can delay your paycheck - but do you really want to create an enemy at work?

[Brie Schmidt]

@Kyle Rice

[Jarrett Harris]

Get rid of them ASAP. If they want to leave May 1st let them. Also I think you may need to re think your rental process. You probably don't want to rent to anyone you worth with, no friends, no relatives.

[Kimberly T.]

Evict them for driving over your grass? When they're already planning to leave in a couple weeks? Not worth the effort or cost in my book. I'm not even sure a judge would let you evict for something like that. I'd just keep track of all the damage they do to your property (take pictures, write down everything that happens), then deduct it from their security deposit when they've vacated. Make sure to send them the itemized deductions along with the check for the remainder of their deposit.

Now, if they stay past May 1, or if they decide to stay the full 30 days after their notice (so they'd leave by May 11) but they don't pay prorated rent for those days, then absolutely start the eviction process. You don't want to delay that, and just give them a place to stay for free.

Consider this a lesson. Never rent to people you know.

[Kyle Rice]

Yes it's a huge learning lesson. I broke my own rules and I'm paying for it. Kimberly - I know it sounds like I'm being anal about the grass but they put huge ruts in it basically turning that area into mud. It's pretty bad. It's going to require hours of repair. Huge learning experience for me. Thank you guys for the comments.

[Kevin Brown]

Id just let them leave on the 1st. Realistically nothing they did was a big deal and if you evict them you probably wouldn't get a new tenant in there before May 1 anyways

[Kimberly T.]

@Kyle Rice , I didn't mean to imply that you were "sweating small stuff" or anything, sorry if it came off that way. I agree that they are doing significant damage to your property, and I know that's upsetting. However, I think trying to evict them due to the grass would only result in them doing more (intentional) damage to the place, and I doubt a judge would let you evict them for damaging the grass. If it were me, I'd just document the damage as it happens, track the costs of repairs after they vacate (including charging a reasonable hourly fee for yourself if you do the work on your own), include all the costs of repairs (including the number of hours you worked and the hourly rate you are charging the tenant) in an itemized deduction along with the check for the remainder of their deposit.

Hey, we all learn lessons as landlords. You aren't the first, and won't be the last.

[Kyle Rice]

Kimberly no worries. You make some great points. I love BP! This is such an awesome resource. I really don't know where I'd be without having these forums to ask questions. Thank you all once again. Great advise!

[Marcia Maynard]

Ah, Rule Breakers from the get go! And you enabled them by not enforcing the terms of the rental agreement. Been there. Feel your pain.

If it were me, I would negotiate the matter with them. You both have something to lose and something to gain. You would both benefit from working it out and repairing the relationship. Arrange to meet with them in person at the property.

They want out by May 1 and you want property that is not damaged. Let them out of their rental agreement early in exchange for compensation for damages upfront. Don't wait to use the security deposit to cover all damages, it may not be enough.

Give them a chance to return the property to its original condition (less ordinary wear and tear) and be clear as to what that means. It's in their best interest to do so, as well as yours. Your communication style will need to be kinder than theirs. You just might be able to turn this around.

Get a bid from a reputable company as to what it would take to repair the lawn and any other significant damages of which you are aware. Bring that dollar value to the negotiation table. Everything is negotiable. Let them know you are willing to reconsider. Remain firm, fair and respectful. Even if they are less so.

[Dawn Anastasi]

I would also let them out on May 1st. Why keep people in the property you don't like?

Check your state/local rules about the timeframe you need to have the security deposit back by. Then start working on the itemized deductions list. Start with the amount of the security deposit and get quotes on what it would take to fix the grass. Return the security deposit to all the tenants (X and Y) with the remainder of the deposit with the deductions listed out.

example:

Security deposit $1,000

Damage to lawn -$200

Damage to interior walls -$200

Balance due = $600

The check would be cut as $600. Just make sure that you don't give them a check on the move out date, and no cash on move out date (some tenants will say they demand this but they don't have that right). After they turn in their keys and vacate, then go through the property and itemize everything that's above normal wear and tear.

[Timothy Riley]

Let them go ASAP and be thankful. If they are the best people in the world you must conduct everything as a business - ASAP. Hopefully they will correct whatever the problem is before the eviction process goes further but you must place emotions on hold when conducting business.

[Richard C.]

I'm not clear on why you required the 30 days in the first place. If they were trouble tenants and you want them out, why make it hard? It sounds like you were trying to re-assert control over the situation, when that boat had already sailed.

What is the argument you're making in eviction court? "Well, Your Honor, they wanted to leave on May 1st, but they didn't give 30 days written notice so I wouldn't let them, so now please make them leave sometime in the next 12 days?"

How long does an eviction take in Alaska anyway?

[Kassandra T.]

@Kyle Rice ,

This is a great example for everyone to read.

A- You'll want to set a policy for yourself and use the "rules are....." when speaking. Sometimes thinking of it like a company and you are the employee helps avoid issues such as this one. This makes it a business decision and not an emotional decision. It also sets a foundation with the tenant that you know the rules and you intend to follow accordingly.

B-When a tenant gives 30 days notice incorrectly, sometimes it is best to say..."The rules are xyz..about the notice...however, we can try to re-rent the unit so it doesn't impact your deposit" This is a great way to say the rules, but also say you want to work it out, if it can be worked out.

C- Normally if this was our rental, I know that true violation notices, fines, and 10 day cure notice would always be posted when issues were found. Which creates "Habits" and "level of expectations". So if this was done when the fridge happened, and when every time a violation has accrued, then when they get the notice- it becomes a standard practice and the "norm" to get another one over the lawn.

D- It is good that you sat down and tried to talk to them from the start. Also from the start these were all signs that it would be a rough end. So by posting properly notices and doing a meeting shows how professional, knowledgeable, and pro-active you are which helps eliminate their want to take advantage of you. But doing a meeting only with just verbal agreements is weak. It is like having a parent tell a teenager to follow the rules and they act out and say things like "yes moma dear" with an attitude and the parent is unable to enforce because they get worn out.

Good luck!

Kassandra Taggart

[Kris Taylor]

Agree with others -- let them go May 1st without making a stink about lawn. Lessoned learned... sSometimes it just sucks being the nice guy!

[Bill S.]

I would add to lighten up about the grass as well. Tenants drive on the grass and it's a fact of life. When the grass is wet like it is in the spring, the grass gets ruts in it. Probably less than 2 in 10 tenants could care less about grass. If you want that area to look nice, you need to pave it with concrete because if one tenant drives across it most likely others will as well.

Just my $0.02.

Also, I'm guessing you are adding the don't rent to friends, coworkers, or family to your not to do again list.

[Aaron G.]

This was insightful. Thank you.

[Kyle Rice]

Wow I got quite the response on this post. All great advise. I am going to set a meeting with them and try to work this out to benefit both parties involved. Thank you all one again for the responses. I'll let you know how it goes.

Kassandra T.- I would love to attend these meetings. My work schedule may make it hard for me to be there but I will definitely try.

[Tim G.]

I'm curious what you plan to do differently in the future.

Sorry this didn't go so well, but stoked you have came here for guidance.

Managing tenants is an interesting process but you've gotta tough but fair.

[Kyle Rice]

update: I spoke with Tenant and decided to let them out early to avoid any future damage they might cause. I also could not show the unit in the condition it was. They moved out a few days ago. During the move out inspection things got interesting after we found some damage and mice infestations. They also did not clean or do anything on our move out checklist sheet.

They became irate about the possibility of being charged. They started yelling and insulting us so needless to say I cut the inspection short. The odor in the garage was unbearable with dog urine and mouse feces. Turns out the washer and dryer were overrun by mice. It was absolutely nauseating! We had to take them apart to clean and fumigate. We also had to tear out the garage stairs because they were saturated with urine and feces.

After two days of scrubbing the garage floor, with everything from simple green to bleach to baking soda, the place is finally smelling better. Wow! Talk about learning my lesson. This tenant has been a nightmare for me. Moral of story : NEVER bend the rules and ALWAYS thoroughly screen tenants. Oh yeah and don't rent to your HR lady :)

Thanks to all for advise and comments!