Need some eviction help for the tenant from hell

85 Replies

Hi BP, need some help here about a tenant im evicting .. short story she lies about paying rent and constantly late. There is always a major catastrophe in her life. Anyway got a lawyer involved and the decision was she has to be out by September 30th 2018.. today she calls me up asking for a extension because she cannot find a place. I tell her sorry I cannot and there is a agreement in place. After that she tells me goodluck and see you in court again. Next her husband calls me up and tells me he doesn't like the way I'm treating his wife. Keep in mind this is the same husband who just got out of jail for trying to kill her... same guy who broke her jaw and same guy she pleaded with me to change her locks which I went half on. So with all that said if she's not out by the 30th what will the court do? When is enough enough with this kind of tenants? How should I handle future interactions with this tenant and her husband? The house is in a real nice area just got a real bad tenant . Thanks! Ryan
@Ryan Keenan They need to leave. I am assuming they got a 30 day notice? If they don't leave just proceed with the eviction.. just make sure you keep your ducks in a row. Do not accept September rent unless your lawyer instructed you to.. I wouldn't even both talking to them anymore. Your last conversation should be pay or leave.. Your last resort will be to offer cash for keys.. Pay for the moving van in exchange for keys..
@Hai Loc Thanks for your response! I'm at the last step basically the court is ordering her out by Sept 30. I sent the notice and everything and I thought I was in the clear because she agreed to it. But now she says she needs more time so was wondering what will the court do?
@Ryan Keenan Depends on how landlord friendly your township/county is. Usually when I evict someone who is behind in rent the judge gives them a week to move out.. Any other reason the judge may allow them to remand for another 2 weeks. This is in central Ohio.. Make sure you and your attorney have a game plan in court. You need to tell the magistrate that you gave them chances and you are behind on your bills as a result.. your attorney should know to say this if he is good.. Good luck.. I hate bad tenants..
Originally posted by @Hai Loc :
@Ryan Keenan

Depends on how landlord friendly your township/county is. Usually when I evict someone who is behind in rent the judge gives them a week to move out.. Any other reason the judge may allow them to remand for another 2 weeks. This is in central Ohio.. Make sure you and your attorney have a game plan in court. You need to tell the magistrate that you gave them chances and you are behind on your bills as a result.. your attorney should know to say this if he is good..

Good luck.. I hate bad tenants..

 Ugh this is my first real bad one, thanks for the insight!

@Ryan Keenan  

I would recommend consulting with an eviction lawyer regarding this case. 

However on a general basis you can look into your state's statues concerning rent collection, and in which cases you can give them a shorter notice to vacate. There should exist a 24-Hour-Notice-To-Vacate procedure for special cases such as: imminent threats, reckless endangerment (causing serious risk of injury to someone else on the premises other than you), inflicting substational personal injury ect. In other words, extreme but spesific situations which can occur. 

The 24-hour notice should in short provide you with 24 hours to file it with the court if they remain. This may differ from state to state, so consult with an eviction lawyer. Best of luck!

Maintaine your going to follow the judgment and the lease until the move out date . Accept no money from this idiot and be sure to have any correspondence sent to your attorney . Make no deals or communicate with the tenant those days are over . It’s time to ride it out 

My worst mistake when managing my own rentals has been "a belief that bad renters will do what they say. We have learned the hard way to evict immediately. Mercy only costs money. Fair but firm and quick

Hi Ryan,

I'm unclear about where in the process you are. Ohio, unless you are in a big city like Cleveland, is landlord friendly. With properly served notice your tenant should be out in 5-6 weeks. For example:

Default on rent per lease: 3rd day of month

Post 3-day notice to quit or pay on 4th day of month. Count 3 BUSINESS days beginning on 5th. For August 2018 that would make your first day available to file on the 9th day of the month. it takes about 2 weeks to get a hearing. You have a hearing around the 23rd. If your tenant knows the ropes they can show up and ask for one more week. That puts you at the 30th for the hearing. If it's for non-payment, and you served the notice properly then you'll probably get a judgement for a writ of restitution and in my county, your tenant will have 7-10 days before the set-out. You'll have to have another hearing if you want to try to get a judgement for your back rent and/or damages but the tenant should be out in 6 weeks even with an extension "to find counsel"

This is going to sound a little off the wall, but if it didn't, it wouldn't come from me.  LOL.

This is something I would recommend every REI do before they buy into a market for a rental(s):

1 - Find out the day the court is doing evictions (usually it's an all day thing...and the same day(s) every week/month.

2 - Clear your schedule for the day

3 - Go to the court, bright and early that day

4 - Bring a pad of paper and pen (remember how those worked...they still do), because most courts won't let you bring your tablet, laptop, phone...into court.

5 - Sit in the middle of the room

6 - Watch and listen

7 - Take notes (see #4)

8 - Learn.

@Ryan Keenan sounds like the situation i just got out of. I was lucky enough that they moved on time. However they left 2 huge trailers that had to go the the dumps and a broken window and filth everywhere. Cost me $1600 plus the $1600 they were late on. Keep a lawyer involved. If they aren’t out you will need to do the 3 day eviction. Make sure you are following every single law. I’m sorry. It stinks, i know!!!!
Originally posted by @Ryan Keenan :
Hi BP, need some help here about a tenant im evicting .. short story she lies about paying rent and constantly late. There is always a major catastrophe in her life. Anyway got a lawyer involved and the decision was she has to be out by September 30th 2018.. today she calls me up asking for a extension because she cannot find a place. I tell her sorry I cannot and there is a agreement in place. After that she tells me goodluck and see you in court again. Next her husband calls me up and tells me he doesn't like the way I'm treating his wife. Keep in mind this is the same husband who just got out of jail for trying to kill her... same guy who broke her jaw and same guy she pleaded with me to change her locks which I went half on. So with all that said if she's not out by the 30th what will the court do? When is enough enough with this kind of tenants? How should I handle future interactions with this tenant and her husband? The house is in a real nice area just got a real bad tenant . Thanks! Ryan

My friend...  You haven't learned yet how to deal with these kind of people. You send the notices, you file the paperwork with the court, and you just keep it moving. Don't answer any phone calls, any texts... nothing.  Someone sends you texts and harasses you, just read it and laugh.  Don't even respond.  You can never win an argument with these kind of people.. They are uncivilized critters, and any valid point you make, they will shout you down, or change the subject. They will use threats, coercion, fear..every kind of tactic to stay rent free. Best dialogue you can have when them is none at all. 

If you can't handle this by yourself and its mentally overbearing on you, remove yourself from the equation and hire a PM. 

@Ryan Keenan  I can speak from experience with a tenant from hell: Chuck it to a learning experience.  As many posted leave it to the lawyers, do not communicate with them.  If they leave texts or messages save them.  Keep your cool cause this too shall pass. Trust me it will.

Originally posted by @Dominique Pradel-Lewis :

@Ryan Keenan  I can speak from experience with a tenant from hell: Chuck it to a learning experience.  As many posted leave it to the lawyers, do not communicate with them.  If they leave texts or messages save them.  Keep your cool cause this too shall pass. Trust me it will.

 Thank you!

Originally posted by @Chinmay J. :
Originally posted by @Ryan Keenan:
Hi BP, need some help here about a tenant im evicting .. short story she lies about paying rent and constantly late. There is always a major catastrophe in her life. Anyway got a lawyer involved and the decision was she has to be out by September 30th 2018.. today she calls me up asking for a extension because she cannot find a place. I tell her sorry I cannot and there is a agreement in place. After that she tells me goodluck and see you in court again. Next her husband calls me up and tells me he doesn't like the way I'm treating his wife. Keep in mind this is the same husband who just got out of jail for trying to kill her... same guy who broke her jaw and same guy she pleaded with me to change her locks which I went half on. So with all that said if she's not out by the 30th what will the court do? When is enough enough with this kind of tenants? How should I handle future interactions with this tenant and her husband? The house is in a real nice area just got a real bad tenant . Thanks! Ryan

My friend...  You haven't learned yet how to deal with these kind of people. You send the notices, you file the paperwork with the court, and you just keep it moving. Don't answer any phone calls, any texts... nothing.  Someone sends you texts and harasses you, just read it and laugh.  Don't even respond.  You can never win an argument with these kind of people.. They are uncivilized critters, and any valid point you make, they will shout you down, or change the subject. They will use threats, coercion, fear..every kind of tactic to stay rent free. Best dialogue you can have when them is none at all. 

If you can't handle this by yourself and its mentally overbearing on you, remove yourself from the equation and hire a PM. 

 Thank you for your response ! I do have some learning to do . I did get a lawyer and the court said which she agreed to be out by the 30th of September. Now she wants to go month to month.. I thought I was in the clear but I guess not. If it goes back to court do I have the upper hand here? Will the judge finally side with me?

Originally posted by @Ryan Keenan :
Originally posted by @Chinmay J.:
Originally posted by @Ryan Keenan:
Hi BP, need some help here about a tenant im evicting .. short story she lies about paying rent and constantly late. There is always a major catastrophe in her life. Anyway got a lawyer involved and the decision was she has to be out by September 30th 2018.. today she calls me up asking for a extension because she cannot find a place. I tell her sorry I cannot and there is a agreement in place. After that she tells me goodluck and see you in court again. Next her husband calls me up and tells me he doesn't like the way I'm treating his wife. Keep in mind this is the same husband who just got out of jail for trying to kill her... same guy who broke her jaw and same guy she pleaded with me to change her locks which I went half on. So with all that said if she's not out by the 30th what will the court do? When is enough enough with this kind of tenants? How should I handle future interactions with this tenant and her husband? The house is in a real nice area just got a real bad tenant . Thanks! Ryan

My friend...  You haven't learned yet how to deal with these kind of people. You send the notices, you file the paperwork with the court, and you just keep it moving. Don't answer any phone calls, any texts... nothing.  Someone sends you texts and harasses you, just read it and laugh.  Don't even respond.  You can never win an argument with these kind of people.. They are uncivilized critters, and any valid point you make, they will shout you down, or change the subject. They will use threats, coercion, fear..every kind of tactic to stay rent free. Best dialogue you can have when them is none at all. 

If you can't handle this by yourself and its mentally overbearing on you, remove yourself from the equation and hire a PM. 

 Thank you for your response ! I do have some learning to do . I did get a lawyer and the court said which she agreed to be out by the 30th of September. Now she wants to go month to month.. I thought I was in the clear but I guess not. If it goes back to court do I have the upper hand here? Will the judge finally side with me?

Not following you here.. What do you mean by "and the court said..which she agreed to". Did the judge give judgement in your favor?  When the judge gives a judgement, the paperwork goes to the sheriff's department, and the sheriff will come and evict her. You will end up changing locks at this point.  Who cares what she wants..  Are you trying to handle this eviction without sheriff's department being involved? 

Originally posted by @Chinmay J. :
Originally posted by @Ryan Keenan:
Originally posted by @Chinmay J.:
Originally posted by @Ryan Keenan:
Hi BP, need some help here about a tenant im evicting .. short story she lies about paying rent and constantly late. There is always a major catastrophe in her life. Anyway got a lawyer involved and the decision was she has to be out by September 30th 2018.. today she calls me up asking for a extension because she cannot find a place. I tell her sorry I cannot and there is a agreement in place. After that she tells me goodluck and see you in court again. Next her husband calls me up and tells me he doesn't like the way I'm treating his wife. Keep in mind this is the same husband who just got out of jail for trying to kill her... same guy who broke her jaw and same guy she pleaded with me to change her locks which I went half on. So with all that said if she's not out by the 30th what will the court do? When is enough enough with this kind of tenants? How should I handle future interactions with this tenant and her husband? The house is in a real nice area just got a real bad tenant . Thanks! Ryan

My friend...  You haven't learned yet how to deal with these kind of people. You send the notices, you file the paperwork with the court, and you just keep it moving. Don't answer any phone calls, any texts... nothing.  Someone sends you texts and harasses you, just read it and laugh.  Don't even respond.  You can never win an argument with these kind of people.. They are uncivilized critters, and any valid point you make, they will shout you down, or change the subject. They will use threats, coercion, fear..every kind of tactic to stay rent free. Best dialogue you can have when them is none at all. 

If you can't handle this by yourself and its mentally overbearing on you, remove yourself from the equation and hire a PM. 

 Thank you for your response ! I do have some learning to do . I did get a lawyer and the court said which she agreed to be out by the 30th of September. Now she wants to go month to month.. I thought I was in the clear but I guess not. If it goes back to court do I have the upper hand here? Will the judge finally side with me?

Not following you here.. What do you mean by "and the court said..which she agreed to". Did the judge give judgement in your favor?  When the judge gives a judgement, the paperwork goes to the sheriff's department, and the sheriff will come and evict her. You will end up changing locks at this point.  Who cares what she wants..  Are you trying to handle this eviction without sheriff's department being involved? 

We went to court and the judgement was she could stay 3 more months and had to pay each month and the days she picked. It's now third month, the month she is supposed to leave. Now she wants to stay and has a social worker fighting for her because she has kids.

I guess what I'm missing here is, if she is still there on the 30th what will happen?

Originally posted by @Ryan Keenan :
Originally posted by @Chinmay J.:
Originally posted by @Ryan Keenan:
Originally posted by @Chinmay J.:
Originally posted by @Ryan Keenan:
Hi BP, need some help here about a tenant im evicting .. short story she lies about paying rent and constantly late. There is always a major catastrophe in her life. Anyway got a lawyer involved and the decision was she has to be out by September 30th 2018.. today she calls me up asking for a extension because she cannot find a place. I tell her sorry I cannot and there is a agreement in place. After that she tells me goodluck and see you in court again. Next her husband calls me up and tells me he doesn't like the way I'm treating his wife. Keep in mind this is the same husband who just got out of jail for trying to kill her... same guy who broke her jaw and same guy she pleaded with me to change her locks which I went half on. So with all that said if she's not out by the 30th what will the court do? When is enough enough with this kind of tenants? How should I handle future interactions with this tenant and her husband? The house is in a real nice area just got a real bad tenant . Thanks! Ryan

My friend...  You haven't learned yet how to deal with these kind of people. You send the notices, you file the paperwork with the court, and you just keep it moving. Don't answer any phone calls, any texts... nothing.  Someone sends you texts and harasses you, just read it and laugh.  Don't even respond.  You can never win an argument with these kind of people.. They are uncivilized critters, and any valid point you make, they will shout you down, or change the subject. They will use threats, coercion, fear..every kind of tactic to stay rent free. Best dialogue you can have when them is none at all. 

If you can't handle this by yourself and its mentally overbearing on you, remove yourself from the equation and hire a PM. 

 Thank you for your response ! I do have some learning to do . I did get a lawyer and the court said which she agreed to be out by the 30th of September. Now she wants to go month to month.. I thought I was in the clear but I guess not. If it goes back to court do I have the upper hand here? Will the judge finally side with me?

Not following you here.. What do you mean by "and the court said..which she agreed to". Did the judge give judgement in your favor?  When the judge gives a judgement, the paperwork goes to the sheriff's department, and the sheriff will come and evict her. You will end up changing locks at this point.  Who cares what she wants..  Are you trying to handle this eviction without sheriff's department being involved? 

We went to court and the judgement was she could stay 3 more months and had to pay each month and the days she picked. It's now third month, the month she is supposed to leave. Now she wants to stay and has a social worker fighting for her because she has kids.

I guess what I'm missing here is, if she is still there on the 30th what will happen?

Perhaps what you already have from the courts is enough for the sheriff's dept to proceed if she is still there after 3 months, perhaps not.. You really need a good PM or lawyer in your state to assist you in get the possession of the property. 

@Ryan Keenan Over time, I have learnt that I should ignore conversation with tenants why tenants are late on rent. I would hear them out, say I feel sorry but I have a job to collect rent. I do it even when then know I am the owner, not just property manager. I would get to eviction court and get a judgement. You can always let them stay after judgement if they pay up, but I wouldn't advice it in your case given your description. Krishna.
Originally posted by @Ryan Keenan :
Hi BP, need some help here about a tenant im evicting .. short story she lies about paying rent and constantly late. There is always a major catastrophe in her life. Anyway got a lawyer involved and the decision was she has to be out by September 30th 2018.. today she calls me up asking for a extension because she cannot find a place. I tell her sorry I cannot and there is a agreement in place. After that she tells me goodluck and see you in court again. Next her husband calls me up and tells me he doesn't like the way I'm treating his wife. Keep in mind this is the same husband who just got out of jail for trying to kill her... same guy who broke her jaw and same guy she pleaded with me to change her locks which I went half on. So with all that said if she's not out by the 30th what will the court do? When is enough enough with this kind of tenants? How should I handle future interactions with this tenant and her husband? The house is in a real nice area just got a real bad tenant . Thanks! Ryan

Hi Ryan. I'm sorry to hear this is happening - this is the ugly part of our business, but one we can't always avoid. I'm an attorney myself, and have a close friend who has been a very successful landlord attorney here in Los Angeles. His advice, and I completely agree with it, is make sure that you know the rules around evicting non-paying tenants, and have a very good landlord attorney on call. Sounds like you've done that here, so let the court process play itself out (not sure where it is at the moment)? I would avoid all communication with the tenant if possible, focus on getting them out of there.  

There are a class of tenants who don't want to pay, and wish to live rent free. They are often backed up by well-meaning but misguided housing attorney advocates, and courts which seem to think every landlord is a deep-pocket Scrooge. Having knowledge of how the court process works, as well as access to an attorney who can help, is the key, and you seem to be doing that. Don't let this throw you off your investing journey - get them out, you'll find a new tenant, and on to the next deal my friend! 

Originally posted by @Ryan Keenan :
Hi BP, need some help here about a tenant im evicting .. short story she lies about paying rent and constantly late. There is always a major catastrophe in her life. Anyway got a lawyer involved and the decision was she has to be out by September 30th 2018.. today she calls me up asking for a extension because she cannot find a place. I tell her sorry I cannot and there is a agreement in place. After that she tells me goodluck and see you in court again. Next her husband calls me up and tells me he doesn't like the way I'm treating his wife. Keep in mind this is the same husband who just got out of jail for trying to kill her... same guy who broke her jaw and same guy she pleaded with me to change her locks which I went half on. So with all that said if she's not out by the 30th what will the court do? When is enough enough with this kind of tenants? How should I handle future interactions with this tenant and her husband? The house is in a real nice area just got a real bad tenant . Thanks! Ryan

 Have you obtained a writ of restitution from the court? IE are the bailiffs coming out on Sept 30th to physically remove these people? If that is not the case and you just have a signed agreement with these tenants you've got nothing. You need a writ issued by the court. Once you get that ignore all contact from the tenant. On move out day everything that is left in the home (including the people) can  be removed.