Tenant threatening to drag out eviction process

Tenant threatening to drag out eviction process

Architect · Seattle, WA · Member since 2017 · 160 posts · 81 votes

Afternoon all, 

I currently have a tenant in the upstairs of a duplex that was inherited in the sale and is becoming a bit of a problem. 

They are on a month to month lease which we have informed them we will not be renewing for a couple reasons, the first being that they are a complete slob and are trashing the place / from the looks of it are the reason the place had bedbugs with the previous owner , the second being that they have dogs that are not covered under my insurance. 

They were on a month to month lease so my first mistake was assuming this would be a quick removal. 

My property manager has notified them that we will not be renewing the lease at the end of the month (last month) and the tenant has reminded her that she evicted him a few years back from another place. In an attempt to work with the guy (since he had been there for a few years prior)  when he said he needed until the end of this month to get a place for him and his dogs (while threatening to make moving out a pain for all of us if we didn't let him hang until then) it seemed like the easiest thing would be to just have him for an additional month and then have him out after this month. 

It shouldn't have surprised me when he didn't pay for this month but for some reason it did. My manager has basically said that we can either go after the money or the eviction and that her inclination is to wait until the end of the month and then if he isn't gone begin proceedings (to avoid legal fees) .

Am I looking at this wrong when I think its best to get the ball rolling on the eviction now and stop the bleeding as fast as we can?  The way I see it if he doesn't pay for 2 months we are already out $900. 

I know there are people out there with similar stories. How'd you resolve this and get business back to usual, and what would you recommend someone in my shoes should be looking at as a best course of action? Also the property is in Michigan. 

Thanks for the read! 

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Investor · Chicago, IL · Member since 2016 · 1k+ posts · 930 votes
8y

Sounds like Cash for Keys might be your best bet. Give a very short window for them to leave. If that doesn't work, and they are not gone by the end of the month, pursue an eviction and go after every dime you can get, including past due rents, and make sure to file your judgement on their credit report.

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  • Dick RosenPro Member
    Property Manager · Gilbert, AZ · Member since 2009 · 1k+ posts · 451 votes
    8y

    I'd suggest you start the eviction as soon as possible and after that's over I'd find a new PM.

  • Naperville, IL · Member since 2018 · 330 posts · 357 votes
    8y
    Originally posted by @Ned J.:

    @Nancy P.....ok..... so when the PM took over managing that property, they didn't pay attention to who was in it? Didn't act on "huh, that name seems familiar?"..... and when she realized she had evicted him before, took the "lets wait and see" approach?

    Then fire her for the stupid plan of "well lets wait until the end of the month and see if he pays or leaves"....that's straight up lazy PM work....no excuses for a very passive approach to tenant that you have evicted before.

    Start the eviction ASAP....best case they leave based on that..... don't start with cash for keys as it kills all your leverage....you can always use that strategy later, but you cant take back the time you wasted before you started the formal eviction process....that should start at day one of issues, since you can always cancel it our change course before it goes to court etc

    I agree to start with the notice,  as I said in my post. Don't lose any time.  But try to avoid the actual court date.  As for the PM,  maybe she's too passive for the OP.  But for all we know, the tenant's name is John Smith or another very common name.  No need to pile on for not recognizing a tenant from the past who CAME WITH THE DUPLEX. 

  • Investor · Phoenix, AZ · Member since 2016 · 349 posts · 418 votes
    8y

    I have never been in a situation so grave to warrant cash-for-keys, but I think it is a valid path depending on what state you're in and the overall situation. 

    To me, the eviction process (aside from above) is gospel as the only recourse for a non-performing tenant. I tell my PMs to not waste a single day when rent is late. Always start the process the first day the law allows.

    And as many others have mentioned, that property manager in this saga is almost as bad as the tenant. Fire the PM as soon as your situation allows, if not immediately!

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