Getting rid of month to month tenant with troublesome boyfriend

17 Replies

Closing on a duplex may 31. Currently both sides month to month. Rents will be raised and lower occupant has a cat (won’t be allowed), but also just learned she has a boyfriend (not on lease) who has also been a noise nuisance in neighborhood and punched out someone’s car window. I want to give her 30 days notice Right after closing, in the smoothest and safest  way possible. Will say due to rent increase and no pet policy, I am giving 30 days notice. I will plan to turn over June 30 and have new, well screened tenant July 1. 

2 questions (or anything else one would want to point out)

1. Other than discussing good references and treating them with respect and courtesy , how do I get them to pay June rent and not trash the place ?

2. What if they don’t leave June 30th? Can I get the police involved?

Thanks!

You will need to get to your area's rental laws. I highly doubt that you will be able to place a new tenant one day after the old tenant moves out.

Learn the local laws and see what the first step is to ask someone on a month to month to move out. Do that step. It might simply be sending a letter spelling out the day they need to be gone by and sending via certified mail how however is required.

In the meantime, do not get involved with the tenant. She might get angry or manipulative. Just let your legal paperwork do the talking.

If she doesn't move on 30 June, you will then go file papers for the first step in eviction/holdover. Again, you need to know your area's laws to know what steps to take. Learn them now.

Make sure the seller gives you the security deposit(s) at closing.

Personally if i didn’t want the current tenants I would have put in purchase offer house is to be empty upon closing

What to do now, do what the person above said.

Eric,

I would take the opposite approach. If someone trashes out your apartment it will cost you a ton. If you let the “legal process” happen it could cost you a ton to get them out. This is what I would do.

1. Collect the months rent after you close for the next month like June.
2. After you collect give them the proper notice for your area.
3. Tell them if the place is in great shape you will give them back their security deposit.

Stay strong in your resolve to get them out. Do not let some sob story deter you away from having the property be where it needs to ultimately be. I am always thoughtful and respectful towards folks but push for what NEEDS to happen.

What @Account Closed says is an option too, but you still need to know the rental laws because if that person doesn't move out when they promised, you will need to take legal action to insure you get the property back.

I always tell a tenant that I had to file, but I will definitely make sure to cancel the eviction if they pay and/or move out before then. That way, if they break a promise, I will not have wasted time by *not* filing because I believed their word.

Ok thanks everyone! I’m looking into local laws. We need to give 30 days notice. So instead of waiting a month, I’d like to do it on day of closing. So Kelli, I don’t think it’s possible to collect rent then give notice, id always be a month behind given grace period and need for 30 days. 

Also keeping in mind that this guy is not on the lease. And I am keeping the upper tenants provided they’re ok with rent increase.

@Eric Geurkink To clarify, yes, the tenant should still be paying you for June rent if if issued notice to vacate in 30 days, unless your area for some crazy reason specifically says you can't. 

Many leases even state this and they also clarify that the last month's rent is not to be paid by the security deposit. If they don't pay, yes, you can keep the deposit, but you have nothing left to cover any possible damages that are not wear and tear.

Definitely learn your laws. I'm glad you're reading them.

We have had to start the eviction process when purchasing a property. I try to always be kind and straightforward. I let them know if they do not move in the specified time I will have to start an eviction. I also let them know that an eviction will harm their chances for future rentals.
If they are in the eviction stage, I tell them they have about a 2 week window of time before it is too late to stop it.
When a property is being sold tenants usually know that there is a chance that they will have to move.

Does it already need a rehab? Using that as an excuse to get the tenant out can help spare some "feelings" where the tenant may get pissed and trash the place. So its not " I want YOU out".....its "I want to rehab the unit and up the rent and I cant do that with ANY tenant in there"...less personal and more centered around the work you want to do on the unit and that cant happen with a tenant in there....

Great point. It doesn’t need a rehab but needs repairs already from them.  im thinking of taking the (less convincing) tactic of saying “I have a no pet policy and gonna to have to raise rent by 25% (also true per market)”.  Any other thoughts on this kind of “sideways” approach ?

And if they agree to get rid of the cat? Or pretend to do so......

And if they agree to the increase rent?

If you want them gone, you need something that they cant wiggle around and stay. You can always exaggerate the actual work you want to do....doesn't mean you have to actually do it all..

@Eric Geurkink you do not have to give them a 30 day on the 1st of the month. It could be any day of the month. So Lets say they pay on the 5th, give them a notice then. It does not have to be on the first. You could also prorate the new tenants start date to whatever day works out the best for everyone. Just a few ideas. Good luck!!!

I have also tried to raise the rent on inheriting tenants and they all stayed :( Try a tactic that you have a family member that is going to move in. Just trying to give you different ideas.

@Eric Geurkink I strongly suggest you don’t try to convince them to go, don’t create a story or a reason - those can always be discussed and debated.  Simply give them the required notice to terminate.  I simply say, “I’m making some changes and this notice describes your responsibilities.”   

Don’t make it personal, stay professional.  When they follow up with questions or concerns I let them know this is not an eviction and doesn’t have any negative affect on their rent history -unless they don’t leave as instructed.  

Good luck!

I would learn your local laws to find out how much notice you are required to give them. Then give the notice in writing. I would just give them the notice and not give details such as the cat or a rent increase. They may agree to a rent increase and to get rid of the cat. If you truly want them out then do not allow room for them to defeat your excuses.

Also it is not realistic to have renters move in July 1st. The tenants may not leave June 30 which could result in a court eviction and you will likely need to do some repairs in the apartment. I would wait until the tenants are out and you can check out the empty apartment and determine necessary repairs before finding a new tenant.

Originally posted by @Curtis Bidwell :

@Eric Geurkink I strongly suggest you don’t try to convince them to go, don’t create a story or a reason - those can always be discussed and debated.  Simply give them the required notice to terminate.  I simply say, “I’m making some changes and this notice describes your responsibilities.”   

Don’t make it personal, stay professional.  When they follow up with questions or concerns I let them know this is not an eviction and doesn’t have any negative affect on their rent history -unless they don’t leave as instructed.  

Good luck!

THIS.  ^^^^

Don’t start out your career in real estate trying to come up with excuses man/woman up and do it in an honest and professional way  

What you give you will receive 

A 30 day notice of non-renewal generally doesn't require any reason and you're typically better off not giving any reason. If they don't leave you will have to go through the eviction process to get them out.