Tenants don't want to move

Investor · Port Jefferson Station, NY · Member since 2016 · 45 posts · 12 votes

My tenants have loved at my property since 2011. We now have a month to month lease. I have them 60 day notice (even though I only have to give them 30 as per lease) and they told me that they won't move out. Do I evict them? I'm in LI and the law here is very tenant friendly... help!!!

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Jassem A.

Investor · PA · Member since 2013 · 1k+ posts · 602 votes

Do you think your brother would be a better tenant? Is he worth losing out on 6 months of rent plus court costs? Usually renting to family is a bad idea to begin with.

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Nick C.
Investor · Tampa, FL · Member since 2011 · 2k+ posts · 3k+ votes
9y
I guess it varies state by state but here in Florida the answer is yes, you would have to evict them.
1 Reply
Shawn AckermanPro Member
Real Estate Entrepreneur · Mid West, East Coast · Member since 2015 · 3k+ posts · 1k+ votes
9y
@Maria Marrero This story is all too familiar here on the Island. Either cash for keys or evict would be my suggestion. Are you selling the property?
1 Reply
Maria Marrero
OP
Investor · Port Jefferson Station, NY · Member since 2016 · 45 posts · 12 votes
9y
My brother has need of the house so I am renting it to him. How long would the eviction take? they told me that they will not be paying me anymore rent and that they can legally stay up to 6 months without paying. Their credit is not good so they dont care about that.
0 Reply
Marcia Maynard
Investor · Vancouver, WA · Member since 2013 · 3k+ posts · 4k+ votes
9y
What is the reason you are asking them to move?
Be sure you know, understand, and abide by the landlord-tenant laws for your jurisdiction. Be sure to serve proper notice and serve it in the right way.
Anytime you disrupt a tenant's life so dramatically, you will be faced with some push-back. Find out why they don't want to move. Let them know that staying is "not an option" and negotiate a move-out plan.
What barriers do they face? Sometimes a "cash for keys" approach works if lack of funds is the barrier they face or if by offering a little cash it helps lessen the blow. We've never offered cash for keys, but we have offered moving boxes, tape, 3-mil plastic bags, helpers with a truck, etc.
1 Reply
Kristopher HanksPro Member
Rental Property Investor · Davenport, FL · Member since 2016 · 593 posts · 382 votes
9y
It blows my mind that there are people out there that just say, nope we are not moving. It must be a really nice place.
4 Reply
Shaun C.
Royal Oak, MI · Member since 2015 · 257 posts · 230 votes
9y
If you can issue a 30 day notice, and that is the state requirement; you should do that today.
0 Reply
Deanna McCormick
Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
9y
research you state landlord tenant laws. Was your notice of Non-renewal written and give to them properly, copy in the mail is usually also a required form of notification.
Just let them know in another letter, that you gave them proper notice with extra time because you wanted them to have more time to prepare for relocating. That it is required that they vacate by the end of the (month at 12 noon and return keys to management ) that you require a forwarding address for the security deposit. You could mention in the letter that if they fail to remove all of their property by the 30th at noon you will be forced to take further action and file for eviction, which will be on their housing record for years, and the cost of the court fee's will be $$$ that they will be charged for.
If they fail to vacate then you file for eviction. You can't do a thing until they don't vacate. You are prepared to do what you need to, because they are saying they won't move... but as long as they continue to pay rent for the proper period you can't file eviction until they are not gone by 12 noon (or whatever time is in your lease).
I wouldn't rent or show the unit until this is resolved, to much tension.
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Kim Meredith HamptonBusiness Member
Real Estate Broker · St Petersburg · Member since 2014 · 2k+ posts · 2k+ votes
9y
@Maria Marrero sorry the answer is yes, you would need to evict a tenant that holds over beyond their notification that their lease will not be renewed . Find a landlord tenant lawyer in your area to help
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Jassem A.
Investor · PA · Member since 2013 · 1k+ posts · 602 votes
9y
Do you think your brother would be a better tenant? Is he worth losing out on 6 months of rent plus court costs? Usually renting to family is a bad idea to begin with.
7 Reply
Maria Marrero
OP
Investor · Port Jefferson Station, NY · Member since 2016 · 45 posts · 12 votes
9y
Well my brother needs it because my nephew was diagnose with cancer recently and they need a better place. He will be paying less but whats family all about? I gave the tenants 2 months but the husband went ranting on me. We've had our fair share of fights so he is not allow to call me because he is too nasty. I also caught him growing marijuana in my yard once and let that slide. They feel as though they own the house now.
1 Reply
John Ellzey
Investor · Austin, TX · Member since 2017 · 8 posts · 3 votes
9y
Someone once told me, there's a difference between making a friend and making a dollar. By making their intentions known, your tenants have made it clear they need to be evicted. It's a matter of ownership. Do you own the property or do they?
I would make it a point to learn completely the eviction process in your state and begin it. Some people know what day the sheriff will show up and take advantage of it. I found it's best to work without grace periods and I personally work on trust. When it is made plain that I cannot trust a tenant, I have learned how to start an eviction the next day. You may find it to your advantage to get a lawyer immediately and start.
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JD MartinBusiness Member
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Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes
9y
Ugh. You trained these tenants poorly. Allowing a tenant that fights with you and grows illegal substances on your property to stay is bad form. Yes, you will have to begin eviction proceedings.
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5 Reply
Christopher Morin
Flipper/Rehabber · San Francisco · Member since 2014 · 124 posts · 49 votes
9y
You have an awful relationship with these tenants. You sum it up with "they feel as though they own the house now"
Consider letting them stay. Sell them the home with Seller Financing with a PI payment equal to their rent. Take a down payment, get a home warranty, force them to get an insurance policy with you named as additionally insured. In exchange, they don't have to deal with a landlord anymore and they can do whatever they want to the house. Buy a new rental property for your brother in the time it would take you to serve and evict them (60-120 days), and keep this one as an income producting asset.
Alternatively, tell them that if they don't want to leave, that you have to increase the rent because your circumstances have changed. Bump up the rent 10-20% (with appropriate notice). They could become your best tenants.
3 Reply
Deanna McCormick
Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
9y
They will not be your or become your best tenants.
Follow your state laws for notice period and eviction.
If you don't think it's wise to continue contact with them find a attorney to get them out.
Keep copy of any text messages and don't go to property alone for any reason.
1 Reply
Colleen F.Pro Member
Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
9y
First it is your house , if you want to have your brother living there rather then a ranting tenant that is your option and in this case you have good cause but you don't need it. Make it clear that you as the owner need to do something different with the house. If they have been paying well (and since it is from 2011 I would think they are) I would say I need the house, I appreciate you are upset but this is what I need to do right now. At this point I can verify your payment record to another landlord (if you can) but if you stop paying I cannot and if you don't leave by x date I will go to eviction. This will make it hard for you to get another place.
If you can find a way to talk to the rationale tenant living I would try to find out what would make it possible for them to leave without eviction. If this is an initial reaction and they are there since 2011 they may just be overwhelmed by the idea of moving. If you know what makes it hard for them that may help you figure out if there is anything other then eviction that will m it happen. First non-payment have a lawyer on board to evict. Sorry that they are adding this on to what is already probably a rough time for your family
2 Reply
Thomas S.
Member since 2016 · 13k+ posts · 12k+ votes
9y
I would suggest that rather than rent to your brother, something that is usually a mistake, put the time and effort into finding him another place close by to rent. There is no reason you should be going through the hassles you are going to face when he is competent enough to manage his own affairs. Simply tell your brother you will be facing a long drawn out eviction and financial hardship and find another place for him. In the end you will both be far better off.
Once he finds a place you can then tell your tenants they can stay and concentrate on turning their lives into a living hell (that is my approach to arrogant entitled tenants).
Eventually they will leave and you can find better tenants.
1 Reply
Maria Marrero
OP
Investor · Port Jefferson Station, NY · Member since 2016 · 45 posts · 12 votes
9y
ok let me add to my already messy situation... My house does not have a rental permit. I also finished the basement without permits, there's no kitchen there or anything of that matter but the outside entrance does not have a CO and neither does the bathroom. I applied for it 4 times and was denied so I built it and forgot it. Now I am thinking of closing out this outside entrance [not sure how?], try to get the town in and get the rental permit for the house and then start with the hard time?
@Thomas S. I really like your idea better and I believe its what can work best... how do I make it hard for them when the time comes?
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Thomas S.
Member since 2016 · 13k+ posts · 12k+ votes
9y
You will need to be creative, if they ever pay late take immediate action to serve notice, possibly have someone come in intermittently to do repairs/cosmetic upgrades to disrupt their lives, inforce the lease to the maximum, sending them letters of violations to the lease, react slowly if at all to their requests, make quarterly inspections of the property and bill them for any damage repair work that is needed to be done, immediately start billing them for damage repairs, make sure you use a contractor for the work, use the state codes to enter with notice at inopportune times. Raise their rent to the maximum and keep raising it whenever allowable.
You basically need to make demands on their personal life much like a tenant would on a landlord but immediately try to bill them for damage repairs, make sure you use a contractor for the work.
1 Reply
Byron Bohlsen
Investor · Minneapolis, MN · Member since 2015 · 173 posts · 53 votes
9y
Maria,
Your latest post is a little concerning and confusing but putting the work permit issues aside a couple things come to mind:
-Dont bother with a 60 day grace period at this point, 30 days or start eviction immediately once they dont pay or are already behind on rent
OR
-Check your local laws but I think since you dont have a proper rental license the standard landlord/tenant laws dont apply and any lease is null/void. You should be able to treat/view them not as tenants but as squatters and be able to start evictions process immediately regardless if they are paid up or not.
Given your situation you need to hire a lawyer right now to handle this mess, seriously. Dont try to do this on your own.
2 Reply
Lois Ginter
Rockford, IL · Member since 2016 · 126 posts · 48 votes
9y
Originally posted by @Kristopher Hanks:

It blows my mind that there are people out there that just say, nope we are not moving. It must be a really nice place.
I know right.....I have one like that now. Sheriff will be escorting her out next week.
2 Reply
Pedro Candelario
San Antonio, TX · Member since 2015 · 1 post · 2 votes
9y
People change when they are in a property. Especially if the landlord lets them get away with stuff. Learning the eviction process for your state now is going to make it a more lengthy process but that is all you can do to get them out. Being a property manager, I don't agree with renting to family. I understand that you may be trying to help your brother out but unless you are just giving him the property, renting to family is not good. Other items start taking priority than paying the rent. If you could afford for him not to pay....than go for it. Not to say that your brother will do that but I have seen it too many times and a good intention deal becomes the downfall of a family.
2 Reply
Chris Masons
Investor · Union, NJ · Member since 2011 · 838 posts · 295 votes
9y
I Feel there is some bad advice in this thread...
You should give them proper notice and start eviction proceedings, PERIOD! In many states family needing to occupy a currently rented resident a perfectly legal and valid way to ask someone to move out.
Trying to make tenants life living hell is a mistake in my opinion because guess what? they can make yours a living hell 10 fold more than you can make theirs...
they have nothing to lose, you have property, income, time Etc. to lose.
Do everything legally and you shouldn't have anything to worry about from an eviction standpoint...
I have been here before..
good luck,
Chris
3 Reply
Deanna McCormick
Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
9y
FYI,
You are not required to give any type of reason as to why you are not Renewing their lease.
It's none of their business. I wouldn't give them any reason to question the "non renewal notice to vacate".
if you choose to rent to family or do otherwise it's your property but you have no choices obviously if they are still living there.
No rental license.. well if it's brought up then you'll need to address it, or go now and figure out what's needed to obtain that.
But current tenant is living there with a lease, so you have a written lease and need to follow landlord tenant laws for your state. and "they are not squatters unless they haven't paid rent."
Lots of comments some with helpful tips, some outside of the box.
Do it right the first time, and if you don't know how pay the money now and use legal assistance.
1 Reply
Jassem A.
Investor · PA · Member since 2013 · 1k+ posts · 602 votes
9y
If the rental license is an issue the city will let you know. I would not call them and ask them about it unless you want them to come condemn the property or force you to get a licensed contractor to make changes within a specified period of time.
0 Reply
Todd Campbell
Investor · Mc Lean, VA · Member since 2015 · 75 posts · 48 votes
9y
@Maria Marrero I'll echo a few things here, and you might not like everything I have to say. Get a lawyer who specializes in landlord tenant law, or at least handles these types of issues in your area (you should already have one). Do it by the book, and if your lease is compliant with local laws, then follow your lease - stop making exceptions to the lease and thinking you are being nice. You aren't, in fact you are making it harder. The fact that you already failed to evict the tenants when you discovered them illegally growing is a problem, the more you bend rules such as this the harder it is to enforce your lease.
It doesn't sound like your tenants will be motivated by cash for keys. It sounds like they are used to getting their way.
Good luck, it this story sounds all too familiar.
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