Renters refuse to leave/pay

5 Replies

I have a rental property that is not producing like I expected. The tenants are also consistently behind on rent, so we are deciding to sell the property. The lease is up tomorrow but our state requires a 60 day notice; so we are changing the lease to a month to month for the final two months. The tenants still have not signed a new lease (sent them one two weeks ago) and are now refusing to pay or sign the new lease for the final 60 days. Is there anything legally we can do to get them to pay? Or are we stuck?? Any help would be great, thank you!

You can't force them to sign a new lease but you can enforce the payment of rent.  If they don't pay, serve them proper notice for non-payment of rent and then - if they still don't pay - begin the eviction process.  It's pretty straightforward.  Don't delay though.

Here's a link for your state that has some more information:  The Eviction Process in North Dakota: Rules for Landlords and Property Managers.

Hey Tyson - A great scare tactic is threatening that you are going to the court house to file for eviction tomorrow if they don’t sign/communicate/start paying on time. That usually gets their attention pretty quickly. 

I’d love to get some more info on this property if you are planning to sell. I have a triplex in Moorhead and am familiar with the area. 

Hope that helps!

I've seen people get rid of bad tenants by offering them cash. It sucks that you have to pay them to leave but its a cost to benefit situation you have to do. DO NOT PAY THEM UNTIL AFTER THEY ARE MOVED OUT, then change the locks promptly. 

Start eviction proceedings immediately.  This usually starts with a 5 day pay or quit (I say usually, because I don't know if it's different where you are located.  I am in AZ, and that is how it starts here).

You have to send the 5 day notice certified mail.  I also send it via regular mail so I know they get the message even if they refuse service.

Then, after the 5 days, you go to the courthouse and file for eviction.  This is usually a 3 week process as the court gives the tenant an opportunity to respond to your complaint, before setting a court date.

If it is for nonpayment, the judge should make a swift decision as there really is no answer to defend nonpayment.

Best of luck to you.

Thanks for all the replies, helps a lot. This specific property is in MN. If anybody has local experience it would be greatly appreciated.

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