Non Renewal of Lease, Selling home.

Member since 2017 · 21 posts · 3 votes

Hey everyone, This is the first time I rented and next time I need to do a better job screening. I found out my tenant was committing welfare fraud recently. The lease ends at the end of June but I was trying to get him to leave early by prorating the rent. No go. He mentioned a few times that he wants to leave at the end but when I spoke to him this evening he mentioned he has no where to go (his parents live 12 minutes away btw). I just got a job offer so I am trying to juggle a few things and my main concern is that he leaves when he's supposed too. Should I mention that I will be selling the home? Should I mention of reporting him for fraud to get him out sooner? Any tips would be greatly appreciated, I found a real winner here. Thanks for any help, James

0 Reply

38 views

Most Popular Reply

Amy Beth

Rental Property Investor · Edison, NJ · Member since 2016 · 753 posts · 565 votes

I would send him official notice that you are not renewing the lease and that he has to be out by June 30 without giving a reason. I would also ask him to schedule a time for a move out inspection. If he does not leave on that day then on the next business day I would file court papers for an eviction. You may want to consult with a lawyer since this is your first time so that you do it correctly and do not lose more time by not going through the proper procedures.

1 Reply

See this reply in the discussion

6 Replies

Jump to latestLatest

Sort by

Dick RosenPro Member
Property Manager · Gilbert, AZ · Member since 2009 · 1k+ posts · 451 votes
8y
I would file for immediate eviction on the grounds of welfare fraud but you'll need proof. At the very least I would send a notice of non-renewal.
0 Reply
Amy Beth
Rental Property Investor · Edison, NJ · Member since 2016 · 753 posts · 565 votes
8y
I would send him official notice that you are not renewing the lease and that he has to be out by June 30 without giving a reason. I would also ask him to schedule a time for a move out inspection. If he does not leave on that day then on the next business day I would file court papers for an eviction. You may want to consult with a lawyer since this is your first time so that you do it correctly and do not lose more time by not going through the proper procedures.
1 Reply
Greg H.Pro Member
Moderator
Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes
8y
@Dick Rosen
It doesn't appear the tenant is on housing so how would you evict based on the possibility the the tenant is going to be charged with a crime that might not be adjudicated for a year or more ? That wouldn't fly even in Texas
0 Reply
Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
8y
There is no need to give a reason. Let the tenant know you are not renewing the lease and he is expected to move out at the end of the lease.
The DIY Landlord Book4.7247 Reviews
Website View Page
1 Reply
Dick RosenPro Member
Property Manager · Gilbert, AZ · Member since 2009 · 1k+ posts · 451 votes
8y
Originally posted by @Greg H.:

@Dick Rosen
It doesn't appear the tenant is on housing so how would you evict based on the possibility the the tenant is going to be charged with a crime that might not be adjudicated for a year or more ? That wouldn't fly even in Texas
As I said, you would need proof of the fraud and if it hasn't been to court yet you probably don't have proof which leads me to my next response that I would at least give them notice of non-renewal.
1 Reply
James P.
OP
Member since 2017 · 21 posts · 3 votes
8y
Everyone, thank you for the amazing feedback. I consulted a lawyer and they said don't remind him or mention the rent is due. This would enable to file a notice to quit the 11th for nonpayment and at the same time because expiration of lease for July 1st. Also, the lawyer mentioned even if he pays his rent we could still get the process started and notice to quit the 11th for July 1st. Does this sound Iike good advice? Additionly, the tenant was bragging in front of multiple people/my friends about his welfare fraud during poker. Think I have ground if someone is willing to come forward?
0 Reply

Join the conversationCreate a free account to reply, vote on answers and follow this thread.