How do I get a tenant out!?

Question

Good Morning BP,

I bought a rental property (duplex) in Oswego NY back in August 2022. Since the day I purchased the property, one of tenants has not paid a single penny in rent. Her lease is officially up on December 25th 2022. My property manager has tried to send her eviction notices, but she will not answer the door. We even tried certified mail. We recently hired someone to serve her papers and they are having no luck getting in touch with this tenant. At this point I have no clue what to do. She owes me over 5k of rent, plus late fees and utilities.  Any advice would be a huge help!

Lesson learned.....do not buy a residential property with existing tenants haha.

Thank you!

Nathan Gesner · Answer

And I should have added one more thing. Even though the lease is scheduled to end this month, your PM should still proceed with the eviction process. Your Tenant is probably under the impression (and rightly so) that your PM is toothless and can't do anything to force them out, so there is a very good chance they intend to continue staying until someone finally takes charge.

Nathan Gesner · Answer

Actually, the lesson you should learn is that your Property Manager sucks.

Your PM should know exactly what it takes to evict, approximately how long, they should be aggressively seeking it, and they should keep you informed with regular updates. Instead, you are going on five months with no rent income and your PM hasn't started the eviction because the Tenant won't answer the door?Here's an explanation of the process: https://www.nolo.com/legal-enc...

Even with a PM in place, you should have a general idea of the laws and processes. I highly recommend "Every Landlord's Legal Guide" by NOLO because it is full of practical advice from application screening to evictions and it includes links to your specific state laws. They also have a very useful website if you learn how to use it.

In the meantime, you may want to consider looking for a more capable PM. Remember: cheaper doesn't mean you'll make more money.Start by going to www.narpm.org to search their directory of managers. These are professionals with additional training and a stricter code of ethics. It's no guarantee but it's a good place to start. You can also search Google and read reviews. Regardless of how you find them, try to interview at least three managers.1. Ask how many units they manage and how much experience they have. If it's a larger organization, feel free to inquire about their staff qualifications.2. Review their management agreement. Make sure it explicitly explains the process for termination if you are unhappy with their services, but especially if they violate the terms of your agreement.3. Understand the fees involved and calculate the total cost for an entire year of management so you can compare the different managers. It may sound nice to pay a 6% management fee but the extra fees can add up to be more than the other company that charges 10% with no additional fees. Fees should be clearly stated in writing, easy to understand, and justifiable. Common fees will include a set-up fee, leasing fee for each turnover or a lease renewal fee, marking up maintenance, retaining late fees, and more. If you ask the manager to justify a fee and he starts hemming and hawing, move on or require them to remove the fee. Don't be afraid to negotiate, particularly if you have a lot of rentals.4. Review their lease agreement and addenda. Think of all the things that could go wrong and see if the lease addresses them: unauthorized pets or tenants, early termination, security deposit, lease violations, late rent, eviction, lawn maintenance, parking, etc.5. Don't just read the lease! Ask the manager to explain their process for dealing with maintenance, late rent, evictions, turnover, etc. If they are professional, they can explain this quickly and easily. If they are VERY professional, they will have their processes in writing as verification that policies are enforced equally and fairly by their entire staff.6. Ask to speak with some of their current owners and current/former tenants. You can also check their reviews online at Google, Facebook, or Yelp. Just remember: most negative reviews are written by problematic tenants. The fact that a tenant is complaining online might be an indication the property manager dealt with them properly so be sure to ask the manager for their side of the story.7. Look at their marketing strategy. Are they doing everything they can to expose properties to the widest possible market? Are their listings detailed with good quality photos? Can they prove how long it takes to rent a vacant property?This isn't inclusive but should give you a good start. If you have specific questions about property management, I'll be happy to help!

Ian Walsh · Answer

This is a job for good local eviction attorney that operates where the property is imo.

Carlton B. · Answer

Lot of good advice the two thing I noticed that caught my eye is

Lack of communication from the tenant is a good sign they have no plan to rectify the problem

Don't wait so long to start the official process of evicting. Even if you decide to let them stay you set the tone going forward.

God luck!

Mike Bonomo · Answer

Thanks everyone!

Henry T. · Answer

An eviction attorney will know what to do.

Ibrahim Hughes · Answer

I think the lesson is always do your due diligence with properties that have existing tenants. Unless the seller can show you a bank account where payments were made monthly and on time, I'm likely to believe that that tenant has always been a problem. You simply didn't know and purchased that problem. Lesson learned.

In the meantime I do agree. Don't spend any more good money after bad and instead hire yourself an effective and local eviction attorney.

Nicholas L. · Answer

@Mike Bonomo

hire an attorney

Will Fraser · Answer

In addition to heartily second Nathan's assessment of your PM, I'll also throw out this:

If there's reason to believe that the tenant has abandoned the property then there is a legal protocol for that.

If there is reason to believe that someone is in the home who is not permitted to be there then there is a legal protocol for that.

If there is a Bald Eagle identifying as a blue alien living there and they are both a protected class and endangered species at the same time, welp there's probably a protocol for that, too.

While it would be prudent for you to understand the basics of Tenant Landlord Law implications, you darn sure shouldn't pay someone to manage your assets if they don't know how to handle this and take this off your plate.

Mike Bonomo · Answer

Thank you! Very helpful!

How do I get a tenant out!?

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