How to get Tennants to actually leave

Question

Hi I am looking for some insite on how to get bad Tennants out.  I have a set of Tennants that have been living in my 3 plex for 2 years, I have owned it a year and they have played many games but usually work things out.  Recently they only paid half of their rent in December and have paid nothing in January and now it is February.  I delivered them a 3 day notice of intent to evict on January 10th told them I would no longer work with them and I would give them a week to get out.  Well after the week they asked for 2 more days to finish everything up I said ok.  Well I went over to the residence 3 days later doors were locked and I knocked and no one answered the door so I assumed they were gone so I went in and the Tennants were sitting on the couch in the dark and no packing had even began.  Well this caused an argument and well they are packing now but keep telling me they will be out and will be out and nothing is moved yet.  How can I get them out without having to spend the money for court. They are packing so do I really just wait it out? Any help would be great. Thank you

Fred Dray · Answer

One more thing: you wrote "I went in" No, don't do this without posting a 24-hour notice to enter. In the eyes of the court if they still have keys then they are still in possession. You have no right to enter (even if they said they would leave on a date) unless they have given you keys or you posted a notice.

A;lways protect yourself by posting a 24-hour notice to enter

Jacob Sampson · Answer

In Topeka the eviction process is $250.  I gladly spend that over losing another months rent.  You can definitely keep playing this game and they may leave but it's better to just roll with the eviction process.  A side benefit is when they get the official notice to appear in court that may move them along even quicker and you can cancel the eviction if they actually leave and not pay the full cost.

Finally, you could always pay them to leave.  $200-$400 to sign a document stating they are officially moved out/terminating there lease, and give you the keys.

I know that can be hard on the ego but this is about math, not ego.

Michele Fischer · Answer

Jared, agree that you cannot unlock a door without receiving word from them that they have moved out, establishing that they have abandoned the place, or with a court order.  As frustrating as it is, it is still their home.

And waiting for people to leave and wondering how it will play out is the most frustrating part of landlording, in my opinion.  People normally do move out slower, procrastinate, and miss promised time frames.  If they were more proactive, in most cases they wouldn't be renting.  There may also be denial that that really do have to leave.

We have not yet done any evictions.  But we have started the process plenty of times.  It can't be an empty threat, and the longer you wait to take legal action, the longer you go with no rent payments.  We appeal to what they need and want  - avoid an eviction on your record, need moving help, offer cash for keys.  We make things very official so they think we have a lot of experience - "Is your girlfriend home?  No?  Since you aren't both here, I'm going to post this on the door, and you will get a copy in the mail too, to make it official".  Put things in writing and offer to tear them up if they follow through with something you can live with.  Offer a few hundred bucks if they can get out in 3 days.  If they miss the deadline, lower it $50 each half day.  Be firm, continue with eviction paperwork by the book, and work toward any solution that helps them and gets you the keys back sooner,

Jared Christensen · Answer

I did not actually step into the apartment because they turned on a light as I opened the door and couldn't believe I was actually there.  Thank you for the help.  I will get the paper work filed so that way they can't get another month squeezed out of me.

Gabe G. · Answer

Only sure fire way to get people to move is filing for eviction.

There are a lot of options you can employ based on the situation before then.

But it sounds like with these bums you have exhausted all those, and they have not been true to their word.

Evict.

Fred Dray · Answer

They have played games in the past and are playing games now.   I have not been to court in a while, but not too expensive to file.  So, turn that 3-day notice into a court date and have them served.  I'll be that gets them out.

In the meantime, don't have any verbal exchanges with them.  Will just piss you off and give them fodder to use against you in court.  Any exchange you might have...like they are stating they intend to move on certain date...ask for it in writing.   Give you ammunition in court.

good luck

How to get Tennants to actually leave

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