Evicting Tenant with Fake Medical Issue

9 Replies

I have a troublesome tenant that I am having a hard time getting out of one of my multi-family properties.  The tenants were all on a month to month lease.  I had all of my tenants sign a year long lease after increasing their rent.  This particular tenant thought the increased rent was too much and told me that they refused to sign the lease and would be moving.  I notified the tenant that they had 30 days to vacate the property.  10 days prior to the scheduled move out date an ambulance was called to the property and the tenant was taken to the hospital.  The tenant notified me that they broke their back and they could not move out in the remaining days. They provided me while medical documents proving the story (they volunteered to provide the documents).  They explained that they would move out by the end of August.  They claimed that they had a place set up to move to, however then asked to sign the year long lease with the increased rent.

All of my other tenants have told me that they have seen the tenant walking, driving, and seems completely normal.  Through text/emails the tenant claims that they are basically hanging on for life and "moving all their stuff could sever their spinal cord at any moment."  

I allowed the delayed move the first month because I wanted to give them the benefit of doubt, however now I have a feeling that I am getting played.  There is no signed lease at this point for them to live there, they have not provided a security deposit, a notice to vacate was delivered at the end of June.  I am confident that they will not be out by the end of the month unless I take action.  The only ideas I can come up with is "Cash for Keys" or start working the eviction process.  

Do I have any other options?

Updated almost 3 years ago

She has been paying rent while occupying the property, despite the fact that her lease is up and has not moved.

If you delivered a notice to vacate properly, then upon the date they should have moved out, you'll start eviction due to holding over (or whatever they call it in your area). You could offer them cash for keys to move out in 5 days, but I would still recommend you file the eviction immediately so that it is in progress if the cash for keys falls through. Then you haven't wasted more time waiting for them to preform on the cash agreement.

Simply follow the law for this situation. Just because they're allegedly hurt does not mean they get free housing. Don't get sucked into the stories and drama. Just keep it professional and non-emotional and follow the steps set forth by your local laws. Good luck!

I think you can be sympathetic to their health issues but it's kind of irrelevant to moving out/paying rent. Plenty of people aren't physically able to move their furniture themselves but they figure it out. They can pay movers/ask friends/family. You're not asking that they single-handedly move out, just that they pay the rent if they occupy your property. They are exploiting your sympathy to medical issues you because it's working - all that should get them is leniency, but not months of free housing.

Could be different in your state, but I've been advised by an attorney here in CO that medical issues are not relevant to a lease.   I paid rent on my grandma's apartment after she passed away.

@James Bradin . In many states it is called a holdover once the lease expires if they are still there. So if he is here in September I would file the papers and get him out. Having s medical issue does not matter. He can hire movers or find friends or family to help him move out. I would research your area’s laws online in regards tot his situation or consult with a local real estate attorney ASAP so that when he does not move out his month you are prepared to start the process to get him out at the beginning of September.

Something you may consider - and I'm not sure of your local laws, BUT - increasing their M2M rent significantly until they either sign the lease or move on. Something like, "...because you're considered a Hold-Over Tenant (not on a lease, refusing to sign one) you're new M2M rent will be $XXX ($250+ more - or something significant) - this may entice them to make a move. But I also agree with @Nicole A. - start eviction proceedings, follow the law. Sorry this is happening - but hope it resolves itself swiftly!