What to do: 3 days left and tenant hasn’t packed

What to do: 3 days left and tenant hasn’t packed

Flipper/Rehabber · Springdale, AR · Member since 2016 · 79 posts · 41 votes
So I bought an inhabited duplex with FHA financing intending to get both sides to leave so I could renovate both sides. The tenant on the side we intend to live on got booted by PM the day before we took possession. Other side knew through our limited conversations and the advisement of the PM that they’d probably need to leave as well. Upon taking possession I made him aware i was going to need him to leave, and then a week later, gave him formal notice in writing (and notarized) that he had 46 days to leave. I later verbally extended it one day. So between former PM warning him during closing, my conversations with him, and the 46 day notice, he’s known for over 60 days he needed to leave. We’re 3 days away and I haven’t seen a single box or evidence of packing. In Arkansas, I can choose to do criminal or civil eviction, but would rather do neither. This is my first unit to manage myself, and just looking for ideas and thoughts from those more experienced who’ve been here. I’ve offered him his deposit in cash when he hands keys to me on or before deadline, but that doesn’t seem incentive enough.
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Brie SchmidtBusiness Member
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Real Estate Broker · Chicago, IL · Member since 2013 · 6k+ posts · 5k+ votes
8y

I have also learned in my years of doing this that some people are just serious procrastinators.  I have seen single guys literally walk in at 8 am with a box of black garbage bags and hand me the keys to a vacant apartment at noon.

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  • Real Estate Broker · 3412 S. Harlem Avenue Riverside, IL 60546 · Member since 2015 · 6k+ posts · 5k+ votes
    8y

    @Jonathan Boyd unfortunately, you may have to go the eviction route if the person doesn't leave. If the person still has not left by the correct day, begin the course towards eviction immediately. In my experience, when a person needs to be evicted nothing else will do the job. Cash for keys, good relationships, etc, are all helpful, but the eviction process is there for a reason. Fortunately, you have the security deposit if it comes to that point to help cover some of the costs. 

  • Member since 2016 · 13k+ posts · 12k+ votes
    8y

    Evictions are simply part of doing business. If he does not leave by the time limit provided you only have one option...evict. You may not want to evict however at this time your tenant controls the property. Ther eis no reason for him to give it up prior to you filing for eviction.

  • Rental Property Investor · Gulf Breeze, FL · Member since 2014 · 1k+ posts · 733 votes
    8y

    @Jonathan Boyd - I wouldn’t get concerned. If the move out date comes and goes then take the necessary actions. You didn’t mention this, but when does his existing lease expire (regardless of the notice you presented)? What does it say in writing?  

  • Flipper/Rehabber · Springdale, AR · Member since 2016 · 79 posts · 41 votes
    8y
    Jay Helms he was on a month to month that only needed 30 days notice. He’s been on month to month for about 3 months
  • Flipper/Rehabber · Springdale, AR · Member since 2016 · 79 posts · 41 votes
    8y
    John Warren Thomas S. Thanks for the reply. Yeah, i always hear from podcasts and other investors that evictions are part of the process, you always just kinda hope you don’t do them. (Especially on your first property!)
  • Real Estate Agent · Cupertino, CA · Member since 2016 · 4k+ posts · 1k+ votes
    8y

    Should do one side at a time. When one side is done he knows he has no choice. Offer recommendation as incentive.

  • Flipper/Rehabber · Springdale, AR · Member since 2016 · 79 posts · 41 votes
    8y
    Sam Shueh The side I’m going to occupy was evicted the day before we closed and I took possession, so not a huge deal there. We began cleaning and rehabbing immediately. Other side has seen rehab going on and has heard from me that I intend to do similar to his side, hence the reason I need him out.
  • Brie SchmidtBusiness Member
    Moderator
    Real Estate Broker · Chicago, IL · Member since 2013 · 6k+ posts · 5k+ votes
    8y

    I have also learned in my years of doing this that some people are just serious procrastinators.  I have seen single guys literally walk in at 8 am with a box of black garbage bags and hand me the keys to a vacant apartment at noon.

  • Patterson, CA · Member since 2017 · 23 posts · 10 votes
    8y

    Once you own the place. Post a 3 day notice to move or Evict. I they do not leave then Evict them. Charge the fees for the eviction to the tenant and send those fees to a collection agency. Simple and good practice for a new property manager like your self.

  • Flipper/Rehabber · Springdale, AR · Member since 2016 · 79 posts · 41 votes
    8y
    Brie Schmidt That’s what I’m hoping for and holding out for, but while still preparing for the eviction process.
  • Flipper/Rehabber · Springdale, AR · Member since 2016 · 79 posts · 41 votes
    8y
    Luke Myers I hadn’t thought about charging eviction fees to the tenant. That’s a smart practice that I will look into. Is that something you put in your lease, that in the event of an eviction, all costs will be attributed to tenant?
  • Flipper/Rehabber · Springdale, AR · Member since 2016 · 79 posts · 41 votes
    8y
    So a quick update to those who advised on this: went there last night to work on my side and give the other side the final ultimatum (so I thought.) I arrived to a flurry of activity, trucks, furniture, and a near empty house. In the end, he asked for one more day (which he agreed to pay for out of deposit) and promised it will be empty, cleaned, and swept. Thanks again for all the helpful input! Prepared for the worst, hoped for the best, and got the latter.
  • Member since 2016 · 13k+ posts · 12k+ votes
    8y

    I personally did not expect this result. Most would hold out till the eviction paper was issued then maybe leave.

    Congrats. it sounds promising but keep in mind promises can not be cashed at the bank. Good luck

  • Flipper/Rehabber · Springdale, AR · Member since 2016 · 79 posts · 41 votes
    8y
    Thomas S. Yeah, I kinda was expecting the same, though the guy is pretty easy going. I had paper in truck ready to hand him and I would not have hesitated, but he’s gone now.
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