Inherited Tenant Problems at my first property- need advice!

Inherited Tenant Problems at my first property- need advice!

Investor · New Windsor, MD · Member since 2016 · 28 posts · 23 votes

Hi, I just bought my first rental property 2 weeks ago (I'm in Maryland), and I'm feeling a little overwhelmed with my inherited tenants- any advice would be greatly appreciated!

The property is a 3-unit building. 2 of the units came occupied, 1 was vacant. After purchasing the property on the 12th, the seller was supposed to send me prorated rents for July. I received a check for 1 tenant's rent, along with a note indicating the other tenant had not yet paid. The seller told me before the sale that this tenant had been there 5 years and always paid on time, and in the Estoppel agreement, it was indicated that he had paid July rent on July 5, which was not true. I knocked on the tenant's door to address this issue, and found out there was more to the story than the seller had told me (surprise, surprise.)

It turns out, the original tenants were the current tenant's parents. They lived there for 5 years and paid on time. At some point, they had let their son, who was homeless, move into the common laundry area in the basement. A few months ago, they moved out, and the son moved into their apartment and took over the payments. There was never a written lease. This tenant only makes $1200/month and the rent is $710 (which is also under market). He clearly cannot afford the apartment, but he's convinced he can afford it, even thought he missed last month's rent because he was apparently in the hospital, or something. Also, I ran a background check and found a court date coming up soon, which I asked him about. Apparently the police searched his apartment and found a crack pipe? He claims that he's a recovering addict and the pipe was "old". These tenants also never paid a security deposit.

Before I found out about the crack pipe and some of the other issues, I had told him that I would waive July's rent if he agreed to sign a biweekly lease with auto-pay on his paydays, starting August 4, and the rent would be raised to $380 biweekly. I told him he'd need the first 2 weeks rent, plus a security deposit, and that he'd need to pay $250 on August 1 with the remainder on the 4th, at which point he could sign the lease. I regret telling him that... I'm new to this, and I know I made a mistake. I was trying to work with him because I didn't want another vacancy right now while I'm renovating the 3rd apartment, and I also don't want him to cause problems if I try to get him to leave.

Anyway, I'm just wondering if any more experienced landlords have advice on what the best course of action would be from here. I have not taken any money from him yet. If he doesn't pay me the $250 tomorrow, do I give him a notice to pay or vacate, or a different type of notice since we never even had a lease? If he does have the money, can I back out of what I told him and tell him he needs to leave? Should I try cash for keys, and if so, how much time should I give him, and how much cash? Thanks for taking the time to read, sorry for the long-winded explanation :)

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

Just start the eviction now . he will try to play you , he has already started  with the excuses . Now if you keep him you have to drop your standards for all the tenants to what you have accepted from him or someone could cry discrimination .  File the papers tomorrow .

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  • San Jose, CA · Member since 2015 · 4k+ posts · 3k+ votes
    9y

    Yeah, kick out the bad tenant, and threaten to sue the seller.  The cheapest option would be to file in small claims court for any out of pocket losses you end up with kicking out this bad tenant.  You could either wait to see how much that will be, or negotiate a settlement now with the seller.  

    If you just want some fast money out of the seller, what you could do is first contact the seller asking for a settlement amount, which they'll probably ignore, then after you've done the request for money (which is required), you can then file a claim in small claims court.

    This will prompt the seller to contact you to settle.  Worst case scenario, the seller ignores you.  Then, you show up in court and show the judge that the seller acted in bad faith, which I'm hoping you can prove with some documentation they provided saying this tenant had paid, etc.  There should be some type of punitive damages available under the law.

    Or, hire an attorney to scare them into paying you some money, but that will probably cost you more money.

    Sorry for the hassle.  I hope you figure out some kind of consequence that will matter to this seller, though. I fully believe in providing consequences to people like this.  Good luck.

  • Real Estate Investor · Catonsville, MD · Member since 2016 · 90 posts · 49 votes
    9y

    @Emily McCabe When I offer cash for keys I do it on a sliding scale.  I will say if you leave in 3 days I will give you $500.  Everyday after that it is going to be $50 less until it goes down to zero. Sometimes it works other times it doesn't.  I have seen people refuse up to $9000 to leave and eventually got evicted.  How long has he been there?  He may have squatters right if he has utilities in his name and is getting mail there. Check with Jeff.  Good luck. 

  • Investor · Perrineville, NJ · Member since 2015 · 15 posts · 11 votes
    9y

    Just went through a similar process with a 4 unit I acquired.  My advice, evict.  I too tried to be flexible and ended up getting no money from the tenant and wasted a month.  File the eviction and take no partial payments.  Report to the credit agency and establish a reputation.  Cost of doing business in my opinion

  • Professional · Evans, GA · Member since 2017 · 28 posts · 8 votes
    9y

    @Tom Higgins You have to check local laws. It is illegal in some states to do that.

  • Mindy JensenPro Member
    BiggerPockets Money Podcast Host · Longmont, CO · Member since 2014 · 7k+ posts · 10k+ votes
    9y

    @Emily McCabe , I don't like cash for keys as a concept. It's like the tenant wins for being a bad person. I wouldn't offer cash for keys at the outset. This guy sounds like a leech and a mooch and will stay until he is forcibly removed from the home.

    You've already told him you'd give him July free, no need to back track on that now. Today is August 1, if you don't have rent by midnight tonight, start the process.

  • Investor · Front Royal, VA · Member since 2013 · 586 posts · 418 votes
    9y

    @Emily McCabe as suggested above, try cash for keys. Give him three days to get out and he gets $300 (just a suggested amount). Go ahead and give him a three days notice at the same time, that way he knows it's either I get some money or I get evicted. Make it very clear there isn't another option.

    I had a similar situtation and I gave WAY too much away before I realized that some people just suck and you need to protect yourself first. Crack isn't a joke and might put you in legal bind if other tenants find out you knew about his past run-ins. He clearly needs help, but it doesn't have to come from you! Good luck!

  • Investor · Front Royal, VA · Member since 2013 · 586 posts · 418 votes
    9y
    Originally posted by @Mindy Jensen:

    @Emily McCabe , I don't like cash for keys as a concept. It's like the tenant wins for being a bad person. I wouldn't offer cash for keys at the outset. This guy sounds like a leech and a mooch and will stay until he is forcibly removed from the home.

    You've already told him you'd give him July free, no need to back track on that now. Today is August 1, if you don't have rent by midnight tonight, start the process.

    @Mindy Jensen Cash for keys makes me feel like a loser and that there is no justice, but it isn't to make me feel better, its to save money! Especially in a tenant friendly state like Maryland, it could take a while and be really expensive to evict someone. You're right though, they are winning for being a bad person, but it's a relatively cheap way to learn the value of choosing the right tenant. 

  • Real Estate Investor · Catonsville, MD · Member since 2016 · 90 posts · 49 votes
    9y

    @Emily McCabe  Please consult with Jeff and the rent court people I told you about before doing anything.  Maryland is a tenant friendly state.  Do it right.  I have been a landlord here for over 15 years.

  • Investor · Omaha, NE · Member since 2015 · 366 posts · 184 votes
    9y
    I'm not sure of the landlord laws where you are but I say DON'T accept any payments and start eviction process. I would first try to give him cash for keys. If that doesn't work proceed with eviction immediately!
  • Stan BednarekPro Member
    Investor · Algonquin, IL · Member since 2016 · 6 posts · 8 votes
    9y
    Emily McCabe, I will hold my personal feelings aside on your next step to take (as I live outside of Maryland) to not confuse any state-specific legal issues. I do live on the side of the fence of cutting losses early. What I wanted to comment on was congratulating you on your new purchase! Another step toward your RE goals which is great. I also believe you are getting an in-depth lesson from the start that will provide a greater level of confidence moving forward. Having hands-on experience with these issues is invaluable! Keep up the great work in making your properties better as well as the neighborhoods they are in!
  • Investor · Chicago, IL · Member since 2015 · 87 posts · 42 votes
    9y

    @Emily McCabe I had a similar situation happen to me. I would recommend just giving them a 5 day notice to pay the full rent amount or vacate. It is not worth the headache of trying to work with a tenant like that. You have already gotten multiple red flags about this person and their excuse for why they didn't have the rent for July is just foreshadowing what will come, if you continuing to rent to this person. If rents are currently under market, then you should not have very much difficulty filling the unit once the tenant is out.

  • Flipper/Rehabber · Berkeley Springs, WV · Member since 2017 · 164 posts · 103 votes
    9y

    @Emily McCabe First of all congratulations on this purchase. As many have said on these forums and on the podcast you either win or you learn. 

    I have gone through this before with a tenant and I would disagree that you need to hire an attorney. The paperwork to start the eviction process is not all that complicated but you should go ahead an study it, learn it, and start the process right away. This is what I did and while that was working it's way through the legal system, I began working on the tenant and eventually went to court but by that point, we had come to an agreement, so all we had to do was go into a room with a mediator and give them the details of the agreement, which in my case was forgiveness of the 1.5 months of back rent and I threw in some cash to help him move.

    The problem with taking general advice with evictions is that these things then to be very state and city specific, so what might work in one area could be problematic in another. In my market of DC for example I know that my tenants can make my life very difficult, so i'd rather try to work with them than against them. In my opinion avoiding a conflictual confrontation will save me money (in my market), so that is my strategy. What I tell people in DC is that you can win in court and still lose on the deal because of the time, costs, and frustrations associated with battle. Of course there is always a situation where conflict is unavoidable, but I try not to let my ego get the best of me and think about the medium and long term sustainability of my business rather than trying to get a win.

    Please keep us updated--this is an important lesson for folks to learn from.

    Seb

  • Investor · Chicago, IL · Member since 2016 · 1k+ posts · 930 votes
    9y

    The parents' lease is no longer valid as they no longer live there. The son is basically on a month to month tenancy, OR you can call him a squatter since he has no paperwork. But in most states 30-32 days he has a right to tenancy. You can simply ask him to leave, and hopefully he will without problems. If that doesn't work you can offer him cash for keys. If that doesn't work, then you start talking court and all that stuff.

    But just say you are going in a different direction and you need the unit empty by such and such date. Have him sign something stating he will be out by a certain date.

  • Attorney · Clinton, MD · Member since 2016 · 70 posts · 55 votes
    9y

    Maryland Eviction Attorney here.  I'm unclear whether or not you have a signed valid lease agreement with the tenant based on what I've read.  If you do, then a failure to pay rent will get you into court faster than a tenant holding over case.  You don't have to give notice before filing for failure to pay rent in most jurisdictions.  

    If you don't have a lease, then you have to take the slower tenant holding over route.  It's slower because you have to wait until the notice expires before filing to evict, which is 30 days (oral leases) or one month (written leases) in most jurisdictions.  Two months in a couple.  Feel free to message me if you have any questions about the process.

  • Rental Property Investor · San Diego, CA · Member since 2014 · 1k+ posts · 2k+ votes
    9y

    @Emily McCabe

    You need to pay an eviction specialist or an eviction attorney $300.00-$500.00 and move swiftly.  The resident's responsibility is to pay rent on time.  Your responsibility is to treat your good residents like royalty.  If they call, reply in 24 hrs or less, fix their work orders in a timely fashion.  Yearly charge nuisance increases in rent. Don't cheap out and treat this like a business.  When you give them your hand, they will want your entire arm.  

    Go for it!!!

    Swanny

  • Portland, ME · Member since 2012 · 616 posts · 550 votes
    9y

    I would try to get him to move in with his mother while at the same time starting the eviction process.  Tell her that since she's the one on the rental agreement, that you would have to include her name in the eviction and it would become a public record, making it harder for her to rent in the future.  She can use the $200 for moving expenses if they give you the keys and sign a document giving up possession of the property.  Otherwise, he will have nowhere to go and will make this process drag out.

    I have come to the realization that well-managed and performing apartment buildings are never for sale.  There are always problems.  Once you solve the problem, you will have a nice long-term investment.  Good luck!

  • Real Estate Agent · Baltimore, MD · Member since 2014 · 215 posts · 123 votes
    9y
    Originally posted by @Account Closed:

    If you just want some fast money out of the seller, what you could do is first contact the seller asking for a settlement amount, which they'll probably ignore, then after you've done the request for money (which is required), you can then file a claim in small claims court.

    Or, hire an attorney to scare them into paying you some money, but that will probably cost you more money.

    What ever happened to just talking to the seller first? Not to pick on you Sue but court should be the last resort and from the words that you used, it sounds quite like a shakedown. Yes, the situation does suck and lots of blame to go around but I think that good ole conflict resolution deserves a chance. 

  • Investor · Keymar, MD · Member since 2016 · 10 posts · 3 votes
    9y
    Do not reward a tenant for not paying his rent. March done to 101 Court street Westminster Md file a failure to pay rent. They will give you a court date right then and there.He will be served in the next couple days.He won't show up for court (probably has no car). Wait 4 business days then file warrant of restitution. When that form comes back signed by judge then call sheriff's department to schedule eviction.
  • Real Estate Agent · Reno / Sparks, NV · Member since 2013 · 174 posts · 59 votes
    9y
    Hire a good property manager who knows the laws In Your area and let them help you evict.
  • Mount Laurel, NJ · Member since 2017 · 5 posts · 3 votes
    9y

    "I have zero sympathy for him and I'm not going to let him play me"....except you did let him play you. He even admitted to drug paraphernalia being found in the unit. That should have been even more of a reason to not work with him. It's a sticky situation but I guess that teaches us all to be very careful with tenant screening, and even screen inherited tenants when going over the new lease.

    Is this a cheap property that will continue to attract bad tenants? If so, maybe rehab all three units so that a higher rent is justified. Just my two cents.

  • Investor · New Windsor, MD · Member since 2016 · 28 posts · 23 votes
    9y

    @Jordan Ursino I just found out about the drug paraphernalia yesterday. This was my first deal, there were definitely mistakes made that I won't make again. It's not a cheap property, it's a good property in a good area. The 2 occupied units are in good condition, the vacant unit needed some cosmetic work and that's in progress. The reason his rent was low was because his parents had rented the unit for 5 years, rent was never raised, and the previous owner (who passed away) had cut them a deal for doing yard work, etc. His unit is also the smallest (1 bedroom, the other units are 2 bed and 3 bed). I still think this will be a great property once I get rid of this 1 tenant. The other inherited tenant has been fine so far, and he has a written lease, security deposit, etc.

  • Mount Laurel, NJ · Member since 2017 · 5 posts · 3 votes
    9y

    @Emily McCabe that's awesome, looks like you should be okay once this clears. Sorry for this to happen to you, best of luck in your future!

  • Jennifer T.Pro Member
    Investor · New Orleans, LA · Member since 2014 · 1k+ posts · 944 votes
    9y

    If you want to go "cash for keys", I would consider "splitting up" the cash for keys with $X cash and $X for a storage unit.  If you already know he has a lot of stuff, it is spoon feeding him the answer for what to do with all of it.  Don't rent the unit for him!  Just include it as part of the "deal".

    I've used the "cash for keys" strategy once and phrased it that way.  My situation was, I bought a duplex where the previous owner's brother was living in one of the units for free.  It was an extremely good deal, so I let the fact that he lived there slide and included an estimate to evict in my costs.  After closing, I served him with a 30-day notice to vacate.  I offered him $500 if he was out in two weeks and $250 if he was out in the 30 days.  And the unit was in the same condition.  I also told him I would give him another $100 on top of either of those amounts that he could use toward his first month of a storage unit.

    He freaked out that he couldn't leave in 30 days.  He needed at least 3 months.  I gave him the option to borrow money from family (already been discussed) and pay a discounted rent 3 months up front.  Then the cry was he couldn't afford any rent (I hadn't even mentioned an amount) because he was on disability.  Totally understand, no problem, than you need to be out in 30 days because I'm not running a charitable organization.  I pointed out that, by law, I only needed to provide him with 30 days.  I didn't need to pay him anything.  But was also offering him some cash to make the transition smoother for both of us.    I again suggested he use some of the money to get a storage unit for his things and then rent a room or couch surf temporarily until he could find other accommodations.

    He still wasn't a happy camper.  I'm sure I wouldn't be either after losing my 10-year free rent "gravy train".  But he was out in 30 days and didn't cause further damage (it was already in shambles when I bought it).

  • Joe SplitrockPro Member
    Moderator
    Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
    9y
    Originally posted by @Luke Miller:
    Originally posted by @Mindy Jensen:

    @Emily McCabe , I don't like cash for keys as a concept. It's like the tenant wins for being a bad person. I wouldn't offer cash for keys at the outset. This guy sounds like a leech and a mooch and will stay until he is forcibly removed from the home.

    You've already told him you'd give him July free, no need to back track on that now. Today is August 1, if you don't have rent by midnight tonight, start the process.

    @Mindy Jensen Cash for keys makes me feel like a loser and that there is no justice, but it isn't to make me feel better, its to save money! Especially in a tenant friendly state like Maryland, it could take a while and be really expensive to evict someone. You're right though, they are winning for being a bad person, but it's a relatively cheap way to learn the value of choosing the right tenant. 

    Cash for keys because is a problem because it gives you no legal standing. The tenant could easily pack their stuff up, take your money and leave, only to come back the next day. Then you need to go through the eviction process anyways. Notice to vacate, followed by eviction costs less money in the long run. The truth is most people will leave after being summoned to court, so in many cases people are being "paid off" for no reason. Most professional landlords and property managers don't play the cash for keys game and that is for a good reason.

    I also agree with Mindy that rewarding bad behavior is a not a good idea. All it means is they will ASK the next landlord for money to leave instead of being offered it. You are just training the looser how to be a better mooch. 

  • Rental Property Investor · Atlanta, GA · Member since 2016 · 37 posts · 9 votes
    9y

    I agree with the posts saying to just get the tenant out as soon as you can. Get a good family in there that is going to cause less headaches. I only held onto my inherited tenants to float the rehab costs, but there doesn't seem to be must benefit here to hold on to him. 

    There's always a hospital visit or wreck or death that causes them to not be able to pay. 

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