Tenant doesn't want prospective tenants in the house

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Tenant doesn't want prospective tenants in the house

Joseph Rios
Investor · Paterson, NJ · Member since 2016 · 73 posts · 16 votes
My tenant said he doesn't feel comfortable having prospective tenants in the house and asked to wait until they move out before showing the house. It's 3/20 today and they're supposed to move out on 3/31 (lease ends). However they keep telling me they are looking for a new place and cannot find one, and that "we're not going to live in the street." This tells me that they might not be moving out on the 31st. They still owe almost half of this months rent and they are consistently late. They've also brought a dog when the contract specifically said no pets although I agreed to it since they promised they would be up to date with the rent (their daughter moved in with her dog and said she would help). My question is, what should I do now? I don't want to have my unit vacant for 1 month, my contract states that I should give them 24hrs before showing but it doesn't state whether they can refuse or not. Also is it better to file an eviction if they don't leave on the 31st or should I change to month to month. I really want them out.... Thank you BP community!
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Steve B.
Engineer · Portland, OR · Member since 2014 · 1k+ posts · 1k+ votes
9y
I predict one months lost rent is going to be the least you are going to deal with at this point.
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  • Jason Hirko
    Lender · San Antonio, TX · Member since 2016 · 1k+ posts · 1k+ votes
    9y

    @Joseph Rios It all depends on your lease. Do you have a clause in it that says you can show it the last 30 days of the lease? Do you require them to give you 30 days notice before they move out, even if the lease is coming up?

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  • Deanna McCormick
    Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
    9y

    I'd flle for eviction, they are just going to not move and don't be surprized when they are their on the 1st and longer if you don't file now, it will take at least 2 plus weeks for eviction action.... 

    As for showings you can schedule them with proper notice but at this point are you comfortable renting knowing it's probably not going to be vacant..

    If they chain the door shut or have changed the locks your not going to get in.. and more than likely if you do the place will be a utter mess and they have given you every reason to believe it's not going to be easy.. 

    File,, don't extend their lease.. 

    2Reply
  • Bill F.
    Investor · Boston, MA · Member since 2015 · 1k+ posts · 3k+ votes
    9y

    @Joseph Rios I think you answered you own question. If you don't want them as tenants any more, don't transition them month to month.  I wouldn't turn this into a federal case though. Get them current today on their rent and agree to not show the unit for the next 11 days, but make it clear that their lease will not be renewed and come April 1 you will begin the evection process. If they can't/won't pay what they owe, start the evection process today.

    With respect to the dog, you made your bed and now you have to lie in it. Take it as a learning point; in the future ensure they hold up their end of the bargain before you  give them what they want.

    Hope this helps.

    1Reply
  • Kim Meredith HamptonBusiness Member
    Real Estate Broker · St Petersburg · Member since 2014 · 2k+ posts · 2k+ votes
    9y

    @Joseph Rios look at your landlord tenant laws, it should state what reasonable notice should be . Normally 24 hours. Let them know that you will be showing the property on cxxx date at xxx time to prospects and include a copy of the law. 

    Have you given them a late notice for the unpaid rent? Can you evict for partial payments? Did buoy think you could get them out with a cash incentive prior to the 31st? If not, you will need to wait until they vacate. Hopefully they haven't changed the locks 

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  • Steve B.
    Engineer · Portland, OR · Member since 2014 · 1k+ posts · 1k+ votes
    9y
    I predict one months lost rent is going to be the least you are going to deal with at this point.
    3Reply
  • Max T.
    Investor · Philadelphia, PA · Member since 2015 · 3k+ posts · 3k+ votes
    9y

    start eviction for the unpaid rent

    your lease should specify a per diem holdover charge. Charge it if they hold over.

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  • Account Closed
    Investor · Excelsior, MN · Member since 2017 · 85 posts · 37 votes
    9y

    I'd say if you get out of this situation with only being out 1/2 months rent you should consider yourself lucky.  You must have a 3 strike policy because after being "consistently late with rent" and bringing a dog in when the lease says no pets, I would have started eviction at that moment.  You should start the process ASAP!!!

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  • Daniel Guas
    Real Estate Professional · Levittown, NY · Member since 2016 · 38 posts · 10 votes
    9y

    It doesn't sound like they are planning on moving any time soon. I would contact your attorney and start the eviction process.

    0Reply
  • Kathryn Daniel
    Property Manager · Gurnee, IL · Member since 2012 · 94 posts · 43 votes
    9y

    I think you need to put your foot down.  It sounds like you've given them too many chances to redeem themselves and now they know that they can push the envelope without suffering any negative consequences.  Give them notice in writing (or however the lease specifies that it must be done) that you're not renewing their lease and notify them that failure to vacate by the 31st will result in legal action.  Good luck.

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  • Peter MacKercherBusiness Member
    Residential Real Estate Broker · Saint Louis, MO · Member since 2014 · 1k+ posts · 567 votes
    9y

    @Joseph Rios You've already been given the bad news that you've been too lenient with the tenants in the past, so I'd be surprised if you're able to retrain them in this final circumstance into tenants that will follow through with the word of the lease. If you're looking to have them out, gear up for filing the eviction, plain and simple, as you're right about the likelihood of them staying over term.

    That said, unless your lease says something explicitly about showing the unit while they occupy it AND (my personal opinion) you've gone over that eventuality with the tenants and they've said that would be OK, I understand them being uncomfortable with strangers walking through their home. If you're looking at potentially filing an eviction straining your relationship with them now might be an expensive decision. 

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  • Matthew Paul
    Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    9y

    Another vote for " start the eviction " .   

    1Reply
  • Daniel O.
    Investor · Takoma Park, MD · Member since 2016 · 166 posts · 147 votes
    9y

    Not to pile on, but you have been training your tenants to see how far they can push you.  Can our daughter move in? We'll pay our rent in full if she can bring her dog (they didn't). Well....OK.  Will you accept partial rent? Well....OK. Can we still live here if we don't pay on time? Well...OK.

    NEVER DO THIS.

    What is the point in having a lease if you consistently let the tenants violate it without consequences? Think about your own role in creating this situation. You can think about it on your way to file for eviction.

    1Reply
  • Joseph Rios
    OP
    Investor · Paterson, NJ · Member since 2016 · 73 posts · 16 votes
    9y

    Thanks for your reply everyone, yes I have been too soft! I've been afraid of filing an eviction based on the stories I've heard on the forums. This is my first time being a landlord definitely a lot of lessons learned. I contacted my attorney and he said he charges $750 for evictions. He said that if they owe money he can:

    A) Send them a threatening letter

    B) File an action for Eviction

    I think at this point it is inevitable that I will have a vacant unit next month. This is what my contract states: "Owner shall give 24 hours advanced notice and may enter for the purpose of showing the premises during the normal business hours to prospective renters, buyers, lenders.." So there is another breach of contract there.

    I can also try threatening them with filing an eviction on the 31st but the clock is ticking and I don't want to wait until then to see what happens. Also per my contract it states that I should give a 30-day written notice of intention to terminate (which I stated verbally but never written) otherwise the agreement is automatically renewed from month to month (I grabbed a general lease, I should have customized it).

    - What if they pay the rent they owe for this month? Would that cancel the eviction? Or should I wait until the 31st?

    - Should I file the eviction myself or pay my attorney the $750?

    - How long does an eviction normally take?

    - Will the court order them to pay me for the amount of days they overstayed their lease (if they don't move out)?

    Thank you so much!!

    @Jason Hirko @Deanna McCormick @Bill F. @Kim Meredith Hampton @Steve B. @Max T. @Account Closed

    1Reply
  • Patrick Philip
    FL · Member since 2016 · 912 posts · 107 votes
    9y
    Originally posted by @Joseph Rios:

    My tenant said he doesn't feel comfortable having prospective tenants in the house and asked to wait until they move out before showing the house.

    It's 3/20 today and they're supposed to move out on 3/31 (lease ends). However they keep telling me they are looking for a new place and cannot find one, and that "we're not going to live in the street." This tells me that they might not be moving out on the 31st. They still owe almost half of this months rent and they are consistently late. They've also brought a dog when the contract specifically said no pets although I agreed to it since they promised they would be up to date with the rent (their daughter moved in with her dog and said she would help).

    My question is, what should I do now? I don't want to have my unit vacant for 1 month, my contract states that I should give them 24hrs before showing but it doesn't state whether they can refuse or not. Also is it better to file an eviction if they don't leave on the 31st or should I change to month to month. I really want them out....

    Thank you BP community!

     Evict their deadbeat butt ASAP. In Florida, law says the landlord has the right to show prospective tenants with proper notice.

    0Reply
  • John Thedford
    Real Estate Broker · Naples, FL · Member since 2013 · 9k+ posts · 6k+ votes
    9y

    First--google your landlord-tenant statutes and print them out. You need to know these now and in the future. Second: consider posting all relevant forms as needed. This may be a 3 day notice, a 7 day notice to cure default, etc. Don't worry about losing a months rent. That will happen in this business. Hopefully you have funds set aside for mortgage payments (if needed), etc. As in any business, we all learn as we go, asking questions, etc. Now that you know you have made a mistake, next time you will know how to handle these issues better. These people are going to do as they please because you have allowed that. Now, it is time to determine what needs to be done to cure the situation. Simply posting a notice may not work. Hiring an attorney will usually work but that costs money and time. Also, consider next time that when you allow a tenant to continually violate lease provisions, you may be creating a waiver situation where you may not be able to take action at a later date for the same problem. This is why I stick to my leases 100%. My tenants know I demand that and I have a great relationship with them for doing so. 

    1Reply
  • Daniel O.
    Investor · Takoma Park, MD · Member since 2016 · 166 posts · 147 votes
    9y

    I don't know the laws in your state, but my thinking would be something like this: The difference between using a lawyer and not using a lawyer could well be the difference between getting them out at the end of March and getting them out at the end of May or June. From that perspective, $750 is cheap. Also, you may stand a better chance of collecting what is owed if you use the lawyer. Does your lease say anything about collecting reasonable legal fees in the event of a breach?

    Good luck.

    0Reply
  • Kim Meredith HamptonBusiness Member
    Real Estate Broker · St Petersburg · Member since 2014 · 2k+ posts · 2k+ votes
    9y

    @Joseph Rios Go ahead and let the attorney file the eviction. If they pay prior to the writ being filed, have the attorney do whats called a stipulation; this means that if they can pay eveything, but if they miss a payment in the future, the eviction will continue again exactly where it left off. This puts them on the hook that you mean business

    In Florida our evictions take about 45 days, sometimes shorter. This can depend on what kind of response they send to the court, will they put any money into the registry and/or are there any holidays.

    If the eviction runs its course, at the end the sheriff will come out and you will meet them there with a locksmith and maybe an extra hand in case there are items left in the house. If Florida, the sheriff opens the door, walks around to make sure no one is there, then you sign for the writ of possession. You can move anything left in the property to the nearest curb. Important to know what you state laws are regarding landlord/tenant. Especially important to have a lawyer that specializes in this, so you dont have any issues.

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  • Deanna McCormick
    Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
    9y

    @Joseph Rios  You've gotten some good advice.

    1. download your landlord tenant laws for your state and print it off this is your handbook.

    2. google how to file eviction for your county where the apartment is located.. and go to the county website and download the paperwork to fill out for the eviction action.

    3. Go to the housing court , take part of a day and sit thru a morning session so your familiar with how the housing court process is done.

    4. you can file the action yourself and it's nothing to be afraid of if you have a good idea of what you need to do and visiting the housing court will make you prepared.

    5. Give the tenant the pay or quit notice again, you can download one on BP. Do that today.

    6. Give separate letter with the pay or quit that states if rent is not paid in full by Monday at 12 noon by money order or cashiers check you will file the eviction action that day.

    7. Tape the notices to the door right over the door lock take a photo that it's been posted, I put over the lock because they have to remove it to enter.. so I know they got the notice if I go back.

    The cost for you to file your own eviction action is of course less than a attorney would charge and if he has to go to court for you I bet his charges would be more.. 

    8. If you know the daughters name add that to the notices, and eviction action or put the term "Et El on the paperwork this is court lingo for "anyone else" basically .

    otherwise sit back and wait till the 1st and see if they are gone,, if not, file on the first include Aprils rent.

    Your showing the apartment without knowing if they will be gone is at this point fruitless. With normal people a 24 hour showing notice is standard and you'd have new tenants moving in. 

    Court schedules are such it would take about 10 to 14 days for the action to be scheduled for court day, then the hearing, and judge usually give 3 to 7 days for them to be out.. if they don't leave within that period you have to take the writ to the sheriff and have him post,, that's like a few more days. So you'd be lucky if they were actually out by end of April. And your showing the apartment during this month is virtually not worth the hassle. I never show a unit that I've served or am in the middle of eviction on.

    Good Luck

    1Reply
  • Bill F.
    Investor · Boston, MA · Member since 2015 · 1k+ posts · 3k+ votes
    9y

    @Joseph Rios I would personally pay for the attorney. He will know the answers to a lot of your questions. Don't think of paying $750.00 for a one time service. Think of it as paying $750.00 to shadow someone during the evection process. You  may see how it goes and pick the process up quickly so you could handle the next one yourself. On the other hand you may realize that you can't or don't want to do evictions ever. I'd rather learn that lesson with the safety net of a lawyer around than on my own.

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