Tenant asked me to pay her first month rent to move out

Boston, Massachusetts
General Landlording & Rental Properties
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Tenant asked me to pay her first month rent to move out

Carmen Assang
New to Real Estate · Member since 2023 · 14 posts · 5 votes

I served my tenant a notice to quit and she is very upset and sent me a nasty text said I humiliated her in front of her kids and neighbors…. She already owed me $4300.  She pretty much refuses to move in 14 days unless i pay for her first month rent.  What are my options?  Massachusetts is not the easiest to evict and the process can be long.  

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JD MartinBusiness Member
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Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes
2y

How many months rent is $4300? The eviction process should have already started unless monthly rent is $4300. 

Without knowing how long your process takes in your state, the best I would do would be to offer to loan her the money at some interest rate, and still follow through on collecting everything she owes. Assuming that's cheaper than going through the eviction process. 

As far as her being humiliated in front of her kids, well she should get it together and pay her rent, and her kids should understand that when you don't pay rent as agreed you get kicked out of your rented house. It's a good learning lesson for all of them. 

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  • Dustin TuckerBusiness Member
    Lender · Savoy, TX · Member since 2020 · 195 posts · 80 votes
    2y

    Unfortunately, some choices are business decisions and you have to get over the emotions of the moment.  The Question you have is

    1 how long will it take you to get an eviction, and how much will it cost?

    Also, while this process is going on for assumption sake, lets assume you are not receiving rent.  I would venture to say that it might be worth your time to pay the rent directly to the new landlord to get rid of a problem.

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  • Carmen Assang
    OP
    New to Real Estate · Member since 2023 · 14 posts · 5 votes
    2y
    Quote from @Dustin Tucker:

    Unfortunately, some choices are business decisions and you have to get over the emotions of the moment.  The Question you have is

    1 how long will it take you to get an eviction, and how much will it cost?

    Also, while this process is going on for assumption sake, lets assume you are not receiving rent.  I would venture to say that it might be worth your time to pay the rent directly to the new landlord to get rid of a problem.


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  • Carmen Assang
    OP
    New to Real Estate · Member since 2023 · 14 posts · 5 votes
    2y
    Quote from @Dustin Tucker:

    Unfortunately, some choices are business decisions and you have to get over the emotions of the moment.  The Question you have is

    1 how long will it take you to get an eviction, and how much will it cost?

    Also, while this process is going on for assumption sake, lets assume you are not receiving rent.  I would venture to say that it might be worth your time to pay the rent directly to the new landlord to get rid of a problem.

    I clicked post too soon.  Still new to this.  Thanks for the advice and that’s my first thought just pay her to leave.  However, what extra steps do i need to take to make sure she will do as she says?  What if she asks for more? Also, if i pay the new landlord directly would that alarm the new landlord and back out?
    0Reply
  • Dustin TuckerBusiness Member
    Lender · Savoy, TX · Member since 2020 · 195 posts · 80 votes
    2y

    I would think that with an eviction or even the start of an eviction process that would severely negatively impact her ability to get a new lease. You might be able to get an agreed judgement if she doesn't move out on the agreed date.  This is something that you would have her sign when you paid for the new lease.  I haven't done this before, just a thought. 

    Also, you should have her security deposit, so you could also use that to pay for the new lease, and tell the new landlord that you are paying it out of her security deposit.

    I would start by asking some probing questions to your tenant, such as, I'm considering paying for your 1st month to move out by xx date, do you have a new location picked out?

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  • JD MartinBusiness Member
    Moderator
    Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes
    2y

    How many months rent is $4300? The eviction process should have already started unless monthly rent is $4300. 

    Without knowing how long your process takes in your state, the best I would do would be to offer to loan her the money at some interest rate, and still follow through on collecting everything she owes. Assuming that's cheaper than going through the eviction process. 

    As far as her being humiliated in front of her kids, well she should get it together and pay her rent, and her kids should understand that when you don't pay rent as agreed you get kicked out of your rented house. It's a good learning lesson for all of them. 

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  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    2y
    Quote from @Carmen Assang:

    I served my tenant a notice to quit and she is very upset and sent me a nasty text said I humiliated her in front of her kids and neighbors…. She already owed me $4300.  She pretty much refuses to move in 14 days unless i pay for her first month rent.  What are my options?  Massachusetts is not the easiest to evict and the process can be long.  


    Who cares if she's embarrassed? She's stealing money from you and then playing the victim when you refuse to let it continue. She's playing you for a fool.

    I don't reward thieves by handing them more money, but that may be the right answer for you since you aren't sure how to move forward.

    In the future, you should consider hiring a professional property manager. A year of management will cost you less than what you are about to lose with this one tenant.

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  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    2y

    @Carmen Assang  Evict her and start the process now. 

    IF you decide to pay her to leave, She must leave first and then you pay her and change the locks that day.

    10Reply
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    2y

    Honestly, you may be better off paying her to leave and I wouldn't give a second thought about her being embarrassed or not.  She should be embarrassed for not paying the rent.  If you really want her out, I'd tell her if she leave before the end of this month and the place is in good condition, that you will return her deposit AFTER she is out, given you the keys and you've inspected the place...and as Colleen says, be there with a locksmith or new set of locks to change the locks.

    Then once she's out, you can try going after her in small claims court for the unpaid rent.

    2Reply
  • Henry T.
    Member since 2022 · 1k+ posts · 1k+ votes
    2y

    So she can go and do the same thing to the next landlord? Don't do it. 

    You messed up. You should have called an eviction attorney immediately when she was late. What are you waiting for? Make some calls. Get some prices. Send her a summons and stop talking to her.

    6Reply
  • Carmen Assang
    OP
    New to Real Estate · Member since 2023 · 14 posts · 5 votes
    2y
    Quote from @Theresa Harris:

    Honestly, you may be better off paying her to leave and I wouldn't give a second thought about her being embarrassed or not.  She should be embarrassed for not paying the rent.  If you really want her out, I'd tell her if she leave before the end of this month and the place is in good condition, that you will return her deposit AFTER she is out, given you the keys and you've inspected the place...and as Colleen says, be there with a locksmith or new set of locks to change the locks.

    Then once she's out, you can try going after her in small claims court for the unpaid rent.

    This is great Theresa. That’s another option instead of paying her the first month rent maybe i can negotiate to give her the security deposit back if the place is in good condition.

    1Reply
  • Carmen Assang
    OP
    New to Real Estate · Member since 2023 · 14 posts · 5 votes
    2y
    Quote from @Nathan Gesner:
    Quote from @Carmen Assang:

    I served my tenant a notice to quit and she is very upset and sent me a nasty text said I humiliated her in front of her kids and neighbors…. She already owed me $4300.  She pretty much refuses to move in 14 days unless i pay for her first month rent.  What are my options?  Massachusetts is not the easiest to evict and the process can be long.  


    Who cares if she's embarrassed? She's stealing money from you and then playing the victim when you refuse to let it continue. She's playing you for a fool.

    I don't reward thieves by handing them more money, but that may be the right answer for you since you aren't sure how to move forward.

    In the future, you should consider hiring a professional property manager. A year of management will cost you less than what you are about to lose with this one tenant.

    I dont want to reward her but I need to find a way to stop the bleeding…
    1Reply
  • Carmen Assang
    OP
    New to Real Estate · Member since 2023 · 14 posts · 5 votes
    2y
    Quote from @JD Martin:

    How many months rent is $4300? The eviction process should have already started unless monthly rent is $4300. 

    Without knowing how long your process takes in your state, the best I would do would be to offer to loan her the money at some interest rate, and still follow through on collecting everything she owes. Assuming that's cheaper than going through the eviction process. 

    As far as her being humiliated in front of her kids, well she should get it together and pay her rent, and her kids should understand that when you don't pay rent as agreed you get kicked out of your rented house. It's a good learning lesson for all of them. 

    She has the guts to ask me to pay for her first month rent, that tells me this might not be her first rodeo and has no shame for doing so.  I honestly don’t want to deal with her ever again.  She has shown herself not trustworthy. 
    1Reply
  • Carmen Assang
    OP
    New to Real Estate · Member since 2023 · 14 posts · 5 votes
    2y
    Quote from @Henry T.:

    So she can go and do the same thing to the next landlord? Don't do it. 

    You messed up. You should have called an eviction attorney immediately when she was late. What are you waiting for? Make some calls. Get some prices. Send her a summons and stop talking to her.

    I know i messed up big time.  This is my learning experience.  Part of want to make sure she gets the eviction under her name but I also need to make a wise decision from a business standpoint.  What a dilemma…
    0Reply
  • Jeyo PunnakottilPro Member
    Rental Property Investor · Houston, TX · Member since 2019 · 141 posts · 48 votes
    2y

    @Carmen Assang

    Donot ever pay the tenant the 1st months rent or $$$ to move out . What if they say ok i will take the $$$ to move out and they donot move out after you pay them .Cash for keys is a good strategy if executed correctly.Only hand over the $$$ after they moved out and they hand over you the keys and you have rekeyed your ppty.Just something to think about

    3Reply
  • Terra Padgett
    Investor · Houston, TX · Member since 2022 · 126 posts · 122 votes
    2y

    Sure, I'll cover your first month's rent after they have moved out of your place, you have changed the locks, and they have provided you proof or a receipt of the first month's rent they paid to their new Landlord. That first month's rent is then deducted from the $4,300 they owe you. You've already paid in advance.  

    7Reply
  • Luke Bricca
    Investor · Austin, TX · Member since 2020 · 20 posts · 13 votes
    2y

    @Carmen Assang It'll come down to whether the cost of an eviction (both lost rent + attorney fees) outweighs the cost of eating 1 month of rent. However, how you execute the cash for keys approach is crucial. It would be very easy for her to take your money and then not leave. Paying her (or locking in that you will cover 1st month's rent) before you've changed the locks could put you in a tight spot if she doesn't leave.

    2Reply
  • Dan H.Pro Member
    Investor · Poway, CA · Member since 2015 · 7k+ posts · 8k+ votes
    2y
    Quote from @Carmen Assang:
    Quote from @JD Martin:

    How many months rent is $4300? The eviction process should have already started unless monthly rent is $4300. 

    Without knowing how long your process takes in your state, the best I would do would be to offer to loan her the money at some interest rate, and still follow through on collecting everything she owes. Assuming that's cheaper than going through the eviction process. 

    As far as her being humiliated in front of her kids, well she should get it together and pay her rent, and her kids should understand that when you don't pay rent as agreed you get kicked out of your rented house. It's a good learning lesson for all of them. 

    She has the guts to ask me to pay for her first month rent, that tells me this might not be her first rodeo and has no shame for doing so.  I honestly don’t want to deal with her ever again.  She has shown herself not trustworthy. 

    A LL may have previously rewarded her for not paying rent and you are considering doing the same.   The result is some other LL will likely get stuck with her and put in a similar situation. 

    I never do cash for keys. I do not desire to reward tenants for poor behavior.

    I explain the consequences of an eviction to the tenant. I explain they will have difficulty Renting a quality unit, that I will ding their credit, that I will attempt to garnish their future income to recover what they owe. They believe I will do what I state because I have always done what I told them I would do.

    My market has a low vacancy rate. Poor tenants cannot obtain quality housing. My tenant requirements includes no evictions, ever. No excuses accepted

    So far with a combination of good screening and good luck, I have never needed to evict a tenant.

    When the time comes to evict our first tenant, I will hire the best lawyer and let the expert take care of it. I will add the cost of the eviction to what tenant owes, and if the cost is not recovered I will consider it a cost of doing business.

    What I will not do is pay a bad tenant to leave so that another landlord gets stuck with having to deal with a bad tenant that I have rewarded for their poor behavior.

    Do not do cash for keys.

    Good luck 

    6Reply
  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    2y
    Quote from @Dan H.:

    I never do cash for keys. I do not desire to reward tenants for poor behavior.


    There ya go ^^^^

    And take this as an easy lesson @Carmen Assang. You are too weak to manage properties. Get a good PM as others have said, this is no business for you.

    1Reply
  • Dan Thomas
    Rental Property Investor · Bow, NH · Member since 2016 · 216 posts · 185 votes
    2y

    @Jeyo Punnakottil

    I agree with you in theory. In practice, even if she wants to go she likely doesn't ha e the money to go anywhere...hence the ask for first months rent somewhere else.

    I have only paid before move out once but it was successful. I had a lawyer write up an agreement. I don't remember what it was called or what it contained exactly but basically she admitted to trespassing and gave up all her tenant rights in exchange for $2500 which I sent via venmo immediatly after she signed. We agreed not to press charges or complete the eviction if she was out by the end of the week.....she was out same day. This was in VT, I would reccomend consulting an attorney in MA.

    1Reply
  • Dan Thomas
    Rental Property Investor · Bow, NH · Member since 2016 · 216 posts · 185 votes
    2y

    @Bruce Woodruff

    It kills me to offer cash for keys but in some states it is the right financial decision if you remove your emotions from it. The example I just posted above would have cost me 3500 in legal fees and 7500 in lost rent best case for an eviction. Much more than that if she was a professional squatter. 2500 is painful emotionally but it gets her out immediately and I can move on with my life.

    4Reply
  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    2y
    Quote from @Dan Thomas:

    @Bruce Woodruff

    It kills me to offer cash for keys but in some states it is the right financial decision if you remove your emotions from it. The example I just posted above would have cost me 3500 in legal fees and 7500 in lost rent best case for an eviction. Much more than that if she was a professional squatter. 2500 is painful emotionally but it gets her out immediately and I can move on with my life.

    No, I get it Dan. Just rubs me the wrong way, you know what I mean? I know it's the right move sometimes.. 
    0Reply
  • Dan Thomas
    Rental Property Investor · Bow, NH · Member since 2016 · 216 posts · 185 votes
    2y

    @Bruce Woodruff

    I absolutely know what you mean. Rubs me the wrong way too!!

    1Reply
  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    2y
    Quote from @Carmen Assang:

    I served my tenant a notice to quit and she is very upset and sent me a nasty text said I humiliated her in front of her kids and neighbors…. She already owed me $4300.  She pretty much refuses to move in 14 days unless i pay for her first month rent.  What are my options?  Massachusetts is not the easiest to evict and the process can be long.  

     If you do agree, I would not be giving any money to them until they have moved out. 

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  • Rick BassettBusiness Member
    Property Manager · Greater New Haven, CT · Member since 2010 · 377 posts · 434 votes
    2y

    Cash for keys is a business decision, it is not an emotional decision, and usually the math works in the landlords favor.

    As others have said, the trick is to execute it properly. Never give them money until they are out, they are handing you the keys, the place is broom swept, and free of all of their possessions.

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  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    2y
    Quote from @Rick Bassett:

    Cash for keys is a business decision, it is not an emotional decision, and usually the math works in the landlords favor.

    Wrong. Cash for keys is a means of erasing a big mistake and rarely works in the landlord's favor.

    If you understand the law and how to handle tenants, you'll never have to pay them to leave.


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