How to approach tenant about possible eviction
Just wanting to know a good way to approach a flaky tenant who has exceeded her 60 day notice to vacate. She is asking for more time to find a suitable place to live here in Santa Barbara. Low volume of rentals in our town. I want to evict her but my wife wants to work with her (lame IMO).
How best to proceed? Lawyer up right away and post notice... Or give her extra time to find a place? Meanwhile there has been no exchange or acceptance of money/rent for the extension (Theft).
Thank you in advance.
Was thinking of sending an email stating we may evict her but not sure how to do it without screwing myself later with a schmuck attorney contesting on her side.
Thanks
Dave
@David Kramp Welcome to BP!!!!
I would highly recommend getting a competent attorney involved asap. Business is business and keep it that way. I don't like advising on relationships but you and your wife need to find some sort of common ground. Compromising and communication is key in any relationship. Men lie, women lie, but numbers never lie. The tenant living for free is costing you both $$$$$. Present it to the wife in this way and see what she says. I have some tenants right now that absolutely have to go. Good people but have to go because they are negatively impacting my business model. No harsh feelings but Mr. and Mrs. Tenant yall got to go.
Hold your head! Calculate your next move wisely! I wish you the best!!
Sincerely,
Eric H.
Thank you EH. I've got an attorney lined up that specializes in evictions. I agree tenant has got to go. It's business and nothing personal. Seems like an open and shut case. We've done everything by the book.
@David Kramp She had 2 months to find a place, and obviously she had a good reference from you. It's time to evict. And not a notice to pay or quit, which would allow her to stay. You need an eviction as a holdover tenant. Your wife is nice, but as far as this tenant goes, tell her you just can't fix stupid. Or lazy. No matter how tight the market is, she had 2 months to figure out where to go. I'm sure it's not that tight.
Originally posted by @David Kramp:
Just wanting to know a good way to approach a flaky tenant who has exceeded her 60 day notice to vacate. She is asking for more time to find a suitable place to live here in Santa Barbara. Low volume of rentals in our town. I want to evict her but my wife wants to work with her (lame IMO).
How best to proceed? Lawyer up right away and post notice... Or give her extra time to find a place? Meanwhile there has been no exchange or acceptance of money/rent for the extension (Theft).
Thank you in advance.
Was thinking of sending an email stating we may evict her but not sure how to do it without screwing myself later with a schmuck attorney contesting on her side.
Thanks
Dave
Hi Dave. Have you considered "cash for keys?" Assuming the legal fees, filing fees and continued holdover will cost you 2,000.00, why not offer 500 or some other negotiated amount for the tenants to vacate within 15 days, 30 days or whatever agreed upon date that you can negotiate. I recently utilized cash for keys and saved approximately 1,500 and, as a contingency, required a spotless cleaning prior to payment. It worked great for me. What do you think?
without going into the tenants history too much lets just say she's lazy and a slob. I read about cash for keys. She pays rent from an investment account and drives a Porsche!!!! If she were broke and strapped for cash it would be a great option. Her rent is $4000 which we cut her a break on. Offering $2000 would be the same amount I would pay the attorney plus fees. We want her out so we can sell the house and make the needed repairs.
I'm having a difficult time knowing what to say to her if I call her. Or she just gets served with no conversation. Best cas is she doesn't contest.
I was going to suggest the cash for keys route, but it sounds like that might not be the right move. Then again, if she is not having financial issues, why has she not paid you rent for the time she is there? I guess the lawyer is your best bet now.
She's not past due on rent. Her lease was up after one year and it switched to month-to-month (per lease agreement) because she refused to sign a new lease we offered her. When we decided to sell the house we gave her a 60-day notice to vacate. Actually, it was 65 days from the date I served the notice. Plenty of time to find suitable housing. She was always tardy with the rent and we never charged her late fees. Single divorced mom with teens. You would think she would have been on the ball to keep a roof over her kids' heads. Some people just like to take advantage and play the victim I guess. Being evicted is going to be a sad lesson for her children unless something can be settled. SMH.
Time is a renters greatest refuge. Cut the cord! No $$ after a couple of day late I send a 7 day notice of eviction. It gives notice that you're not to be messed with. It's your property, don't be weak.
Hey David,
You need to look at the rent as a business and take all emotions out of it. I struggled with this is the beginning but ever since I took the emotion out of investing I have been able to grow my business significantly. When the tenant signed the lease they new all the information that they had to obey by. I would call a lawyer immediately.
Originally posted by @Sue K.:
@David Kramp She had 2 months to find a place, and obviously she had a good reference from you. It's time to evict. And not a notice to pay or quit, which would allow her to stay. You need an eviction as a holdover tenant. Your wife is nice, but as far as this tenant goes, tell her you just can't fix stupid. Or lazy. No matter how tight the market is, she had 2 months to figure out where to go. I'm sure it's not that tight.
Don't mess with Sue. When you're in, you're in, when you're out, you're out.
#2 General Landlording & Rental Properties Contributor
I would suggest cash for keys as well but I abhor extortion.
Eviction is the business approach to resolving tenant issues not giving them a gift of money and getting down on your knees to beg. I know may landlords live in fear of their tenants out of the possibilities of what they may do but professionally you need to place a eviction on their record so that we can all know to avoid her in the future.
Yes you do have to pay a price for that but when you screen applicants in the future and see a eviction on someone's record you will have been repaid for your expense on this one.
Originally posted by @David Kramp:
Some people just like to take advantage and play the victim I guess.
This is exactly right. She is taking advantage of you. As long as you allow her to, she will continue. I bet if you gave her another 60 days, she still wouldn't be able to find a place.
This is why a lease is so important, and following and enforcing it. Late fees should be enforced, to show her you mean business. If she isn't out on day 60, start the eviction process on day 61.
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David,
Based on all the info you shared, why not send a certified letter that states the facts? She hasn't paid per the lease, is past due, you are within your rights to evict, you will begin the process immediately. No need to call and wonder what you will say, just state the facts in a letter and cover yourself.
It's your business and you need to run it like a business.
@David Kramp talk to a lawyer, but here is what I would do. I would talk to her (verbally only) and tell her this is going to happen one of two ways. Either she leaves on good terms or you get a lawyer involved and she gets evicted. Explain to her that although she finds it difficult to find a place in Santa Barbara now, that it will be impossible for her to find one after there is an eviction on her record. It is in her best interest to leave now.
Also keep in mind that you are entitled to money for hold-over. You can keep a portion of her security deposit or have your lawyer request this during eviction.
It sounds to me like she is paralyzed emotionally and she needs a jolt to bring her back to reality. Most likely your lawyer contacting her will do the trick if your conversation doesn't.
#2 General Landlording & Rental Properties Contributor
Talking to her about her options is only going to waste more time in getting her out. If you agree to give her more time she will take it then at the end tell you she has not yet found anything. The letter you need to send her is the eviction notice. No other communication is required. When she calls to ask you about it you tell her it will proceed to the point in time that she either leaves the property voluntarily or the eviction is carried out.
At this point in time YOU are playing games with her. Serve the eviction notice.
To follow up. I did get a lawyer and had the eviction process started. She should get served in the coming days.