Skip to content
General Landlording & Rental Properties

User Stats

2
Posts
0
Votes
Tyson Richards
  • Fargo, ND
0
Votes |
2
Posts

Renters refuse to leave/pay

Tyson Richards
  • Fargo, ND
Posted Dec 1 2017, 18:05

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!

User Stats

5,116
Posts
5,163
Votes
Kyle J.
  • Rental Property Investor
  • Northern, CA
5,163
Votes |
5,116
Posts
Kyle J.
  • Rental Property Investor
  • Northern, CA
Replied Dec 1 2017, 18:24

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.

User Stats

23
Posts
8
Votes
Matt Zimmerman
Pro Member
  • Investor
  • Fargo, ND
8
Votes |
23
Posts
Matt Zimmerman
Pro Member
  • Investor
  • Fargo, ND
Replied Dec 1 2017, 19:44

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!

BiggerPockets logo
BiggerPockets
|
Sponsored
Find an investor-friendly agent in your market TODAY Get matched with our network of trusted, local, investor friendly agents in under 2 minutes

User Stats

14
Posts
14
Votes
Johnny Sumner
  • Savannah, GA
14
Votes |
14
Posts
Johnny Sumner
  • Savannah, GA
Replied Dec 1 2017, 20:37

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. 

User Stats

1,403
Posts
1,468
Votes
Cara Lonsdale
  • Realtor and Investor
  • Scottsdale, AZ
1,468
Votes |
1,403
Posts
Cara Lonsdale
  • Realtor and Investor
  • Scottsdale, AZ
Replied Dec 1 2017, 20:52

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.

  • Real Estate Agent Arizona (#SA505546000)

Cara Lonsdale, PLLC Logo

User Stats

2
Posts
0
Votes
Tyson Richards
  • Fargo, ND
0
Votes |
2
Posts
Tyson Richards
  • Fargo, ND
Replied Dec 2 2017, 22:12

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