Eviction Question

4 Replies

Heres backstory:

Rented a 4/2 house to a roofing company (mistake #1) for $1800/month (which is reason I did it, thats insanely high for my area). After about 5 months, they left town on me, which I was ok with. The subcontractors they had living there wanted to stay, so I agreed to continue lease with them. I didnt have them sign a new lease, thinking it would give me an out since old lease was broken. After about 12 months now of him paying, but late EVERY month, sometimes not even paying until the 23rd (mistake #2, however, he was paying $10 a day late so sometimes his rent was as high as $2030, so I rolled with it), he is now a month behind. He paid me December in January, but no January yet.

After giving me story after story and runaround on the rent, I finally made up my mind to evict. I made him an offer on December 26th, if he gives me $500, he can stay until Feb 6th and I will forgive his $1800 of owed rent (his deposit would take care of that, this was cheapest and fastest way I could think to get him out). He never gave me 500 and a couple more days of stories came so tonight I served with 3 day note to vacate. (He also had 2 dogs, a collie and a large white pitbull, which lease stated no animals) When speaking to him, I even extended another generous offer that if he was gone by the 6th, I would GIVE HIM $500 (probably another mistake, but he is a subcontractor originally from another state that works job to job and could work for cash. A judge can order him to pay me due rent, but he cant garnish his wages because he doesnt work for anyone and he cant stop him from just waiting until last possible second and then just packing up and leaving to go back to his home state. So if I can get him to leave peacefully that would be great because I really cant go after him for past rent or damages since he has no money and no home and could just disappear)

Ive never had to evict before, so what happens next? Ive done some reading on here, so am I correct that after 3 days (they wont be gone) do I do a court hearing where judge orders them out? or what happens? 

HOW DO I GET THEM OUT AS QUICKLY AND CHEAPLY AS POSSIBLE?!

@Dave Antonelli  I am not sure how ND laws are for tenants, but here in Massachusetts, it's not uncommon for landlords to pay / help tenants to leave and move out.

Personally, I wouldn't like to spend a day in court (I do have another full time job), much less have to deal with someone waiting for a court date for 3-6 months without paying monthly rent. 

At the end of the day, if you pay them to go, you will be better off in my opinion.

Good luck whichever way you decide to go!

Originally posted by @Dave Antonelli :

The subcontractors they had living there wanted to stay, so I agreed to continue lease with them. I didnt have them sign a new lease, thinking it would give me an out since old lease was broken. 

HOW DO I GET THEM OUT AS QUICKLY AND CHEAPLY AS POSSIBLE?!

So you don't have a current lease with the people living in the house? They're not named on the old lease as jointly and severally liable? They have established tenancy without a legal document that holds them accountable to your terms? And you sanctioned this? You havn't been addressing the late rent in a timely manner? Nor have you addressed the situation with the unauthorized pets? Oy vey!

To answer your question... I'd say "Cash for Keys." Tell them this isn't working for you and you need to talk with them about a "Move-Out Plan." But post the "Pay Rent or Quit" notice too to get the ball rolling in case you need to do the full eviction.

Let us know how it goes.

I don't know how it works where you are but in Louisiana, my friends would threaten to call  law enforcement (police, sheriff, etc) & have them removed as squatters. If there's no valid lease with those people's names on it & they haven't paid rent, they might be ignorant enough to take your offer & not risk law enforcement being involved. If they're as sketchy as you say, there's probably legal stuff they don't want coming up. Worth a shot & you can always do legit legal proceedings if you have to.

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