Purchased 6 weeks ago, already evicting my tenant

Purchased 6 weeks ago, already evicting my tenant

Lansing, MI · Member since 2015 · 15 posts · 2 votes

I purchased a duplex 6 weeks ago in Lansing, MI. My tenant didn't pay July's rent. I won the judgement for back rent and if the tenant doesn't pay by Aug. 8th, I can file a writ. My question is, what happens if she pays the back rent and fees but still doesn't pay August? Do I need to go through this again?

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Investor · Lansing, MI · Member since 2014 · 27 posts · 9 votes
10y
Hello Tiffany Sadly I'm pretty sure you have to do it all over again. This is why I usually try to go to court right after the 1st of the month so I can add that to the total. You may want to double check this but this is my experience with Lansing courts. If you have a problem tenant already you may want to do the 30 day notice instead of the 7 day and just get rid of them if your month to month. Congrats on the new duplex by the way! Good luck!
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  • Rental Property Investor · Canton, MI · Member since 2016 · 70 posts · 17 votes
    10y

    Hi Tiffany, I'm glad it worked out for you. Don't blame yourself or feel 'crappy' about the eviction.  Choices were made, there are consequences for those choices... Not your fault, she took advantage and now reaps what she has sown... 

    Now you can start fresh with your own tenant, good job sticking to it!

  • Investor · Neptune Beach, FL · Member since 2015 · 143 posts · 172 votes
    10y

     Aww. Dont feel bad. You didnt get into this to start a charity out of your own pocket, did you? Your responsibility is to provide good housing. The tenants responsibility is to pay rent. If the tenant cant do it, they cant stay. Period. I never feel guilty anymore. I used to but after a half dozen times of cleaning up after an eviction, you wont feel guilty either. Its a life lesson. If they dont pay, you have to (unless you are mortgage, tax, and insurance free).  Somebody always pays.

  • Investor · Seattle, WA · Member since 2016 · 2 posts · 0 votes
    10y

    After going through this with the court, does anybody feel like a cash for Keys scenario would have been better than going through the court process? Just trying to get an experienced opinion here? 

  • Oak View, CA · Member since 2016 · 32 posts · 21 votes
    10y

    ©Jordan Stoneman: Nope. If she didn't pay the rent before, and put off the most recent rent... but managed to get to the court house at 8AM, she was pushing the new landlord to see how much she could get away with. Cash for keys would just lead to another ransom demand. Tiffany N. Did the right thing.

    @Tiffany N.: I wouldn't feel bad for too long. If she had any good intentions or sense of responsibility she would have contacted you beforehand to let you know and maybe work something out.. If she wouldn't do even that much she made her bed.

  • Investor · Century, FL · Member since 2015 · 950 posts · 603 votes
    10y
    Originally posted by @Jordan Stoneman:

    After going through this with the court, does anybody feel like a cash for Keys scenario would have been better than going through the court process? Just trying to get an experienced opinion here? 

     Nope, because then the tenant realises that they can do this to the next landlord. It's a slippery slope.

    However, with an eviction, what she will discover is that renting just became really difficult. 

  • Lansing, MI · Member since 2015 · 15 posts · 2 votes
    10y
    Originally posted by @Jordan Stoneman:

    After going through this with the court, does anybody feel like a cash for Keys scenario would have been better than going through the court process? Just trying to get an experienced opinion here? 

     Absolutely not. In this case, the tenant had ample opportunity to request a payment plan or go through DHS (social services) to get assistance. The fact that she didn't, until the last minute, tells me she didn't need help (and the fact that DHS would only kick in about $250), tells me she was not paying her rent for some other reason other than financial difficulty. She was playing a game and she lost. To give her money, would be a reward for bad behavior.

    The court experience wasn't that bad. In Michigan, its pretty cut and dry, did you pay the full amount by the deadline? Yes or no? If the answer is no, the tenant needs to move out. Filing the motion (bogus motion that it was) bought the tenant two extra weeks, but the result is the same, she has to move. The only thing I would do different would be to never alert the tenant in advance that the sheriff is coming to evict them. In that time, she went to court and filed the motion, which delayed her eviction. As a result, I'm probably not going to have another tenant until mid September or later.

  • Temple, TX · Member since 2016 · 43 posts · 11 votes
    10y

    @Tiffany N., How long until the tenant is officially out of your unit? I read above that you were concerned about the condition she'll leave the unit in. I'd love to hear back on how that turns out. 

  • Lansing, MI · Member since 2015 · 15 posts · 2 votes
    10y

    @Andrew Glenn, 

    Over the weekend, I saw signs of her vacating the property. In Michigan, I can't legally take possession until she has been served by and an officer of the court. The first time around, it took 3 days so I expect her to be out, legally, by the end of the week. However, she's been moving stuff late at night so she may be gone sooner.

    She was parked on the front lawn yesterday and there were fast food bags by the front door. I hope that's not a sign of what I will find when I enter. Her place has been relatively neat every time I've been there.

  • Lansing, MI · Member since 2015 · 15 posts · 2 votes
    10y

    **UPDATE**

    About 2 1/2 months into the game.

    My tenant is out. When we went to serve her, she had already moved. She left a huge mess. I had a meltdown of epic proportions (just short of hyperventilating). It took me a few days to regain my composure. 

    She poured cooking oil on the carpet, pulled the bathroom mirror off the wall, I'm not sure what she did to the bathroom sink but it may need to be replaced. She left a lot of junk. Not to mention, she wasn't the domestic type. I'm so glad this is over. It took me a few days to calm down. I knew this wasn't going to be easy however I wasn't prepared to go through this so early in the game. 

    Now I'm picking up the pieces. New paint throughout, new laminate flooring (no more carpet for me) and dealing with a handy man. (SIGH) 

    I will feel better when it has been relet.

  • Investor · Milwaukee, WI · Member since 2014 · 811 posts · 420 votes
    10y
    Tiffany N. Do you have another court date where you can obtain a money judgment? I don't know MI law but make sure to document all the damage and the money you will now have to spend. Get a judgment against her. You probably won't see a dime in the near future. But if she ever wants to get a loan for anything, maybe she will pay it off. Does she have wages to garnish?
  • Investor · Philadelphia, PA · Member since 2015 · 3k+ posts · 3k+ votes
    10y

    Your unit will be better than ever once the make-ready work is done. You're almost there.

  • Member since 2016 · 13k+ posts · 12k+ votes
    10y

    Good news, now you need to start separating your feelings from your business. There are no feelings allowed in business. Compassion and understanding begin only after the rent is paid in full on time and terminates at the end of the month.

    I tell new investors that if they can not put a young mother or disabled senior on the street in the dead of winter for non payment without emotion they are in the wrong business.

    Tenants evict themselves the landlord just does the paper work.

  • Lansing, MI · Member since 2015 · 15 posts · 2 votes
    10y

    @Max T. & @Thomas S.

    Thanks for the encouragement guys. I must say it looks much better with a fresh coat of paint. I don't think I'll have any problems getting renters. It was just shocking to see the mess. Once it's rented I'll be back in my happy place.

  • Rental Property Investor · Concord, GA · Member since 2015 · 3k+ posts · 3k+ votes
    10y

    How the tenant left the residence is insight into her character (or lack thereof). Be glad they're gone. A property down the street from me was left in such a shambles by a long term tenant, the owner literally bulldozed it and put it all in several dumpsters. It's now a vacant lot. I saw the inside before the dozer got there. Took my breath away.

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