When to offer cash-for-keys during eviction process?

Question

I have a problematic tenant that I want out as quickly and cleanly as possible. I have sent him 3 day notice, and he has not payed or moved out.

Should I offer cash for keys prior to filing unlawful detainer?

Or after I file unlawful detainer?

Thomas S. · Answer

File eviction papers first before caving to extortion payments.

Andy Kaye · Answer

If I file UD, and then we reach a mutually beneficial settlement, will the UD show on his record?

Andy Kaye · Answer

Any suggestions on how to prevent UD tenants from trashing the place? Statistically, how often does that happen?

Thomas S. · Answer

Timing is crucial to success in this business. UD is filed the second you can legally do so. Every day wasted trying to figure out the right thing to do is another rent free day your tenant has possession of your property.

The courts say it is your responsibility as a landlord to file the UD. It is now April 8th, have you decided yet how long you want him to stay for free in your property.

Jeff B. · Answer

Once filed, the case will be concluded by, (1) dismissal, (2) judgment.  If you reach any agreement and do not proceed with the case, you must file the dismissal or the court will do so after lapse of time and in either case, NOTHING shows in public records that you or I can access - - effectively making it non-existant.  A lawyer has a 'backdoor' and it would be accessible to them.  Point is the credit report and/or background check would fail to find it.

Jeff B. · Answer

Public records contain only Convictions, not allegations or filing of cases.  If you want it to be seen in the future, you must carry thru to the Judgment is filed.

Point (2).  I use Cash for Keys as a shortcut to gain possession and reduce damages.  Several here see that as extortion and/or betrayal of future landlords, and they do have a point.  But it's my property/business and when C/K works, it's cost and time efficient.

If you are willing to offer C/F, do it immediately before filing the UD and entice the tenant buy explaining the consequence of the UD on his/her record.

Andy Kaye · Answer

Once I file Unlawful Detainer, it will show on his background check right?

My thinking is that if I escalate too fast, he will have nothing to lose and then be more inclined to vandalized my house.

Whereas if I hold off on filing Unlawful Detainer, I can threaten to file it and use the threat to reach an ideal outcome where he moves and and doesn't trash my place.

Krystal Grubbs · Answer

If he owes you money I wouldn't give him the pleasure of taking even more from you. If that is the route you want to go I would file the unlawful detainer first. It offers you peace of mind knowing that either way he will be gone. If you give him money and he still fails to move you will have your unlawful detainer to fall back on.

When to offer cash-for-keys during eviction process?

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