Need some eviction help for the tenant from hell
bethel, CT · Member since 2015 · 335 posts · 57 votes
Need some eviction help for the tenant from hell
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Joe VilleneuvePro Member
Plymouth, MI · Member since 2013 · 13k+ posts · 19k+ votesThis 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.
85 Replies
- Member since 2018 · 214 posts · 175 votes8y
Yes, she can file an execution to stay, but the judge may not approve it.
If the judge do not approve her execution to stay, then sheriff can kick out her.
If the judge approve her execution to stay, she still need to pay for the rent on time.
Even the judge approve her execution to stay, if she does not have the money to pay for the rent, then she is out too.
Yes, you can change the lock yourself; however, lock must be changed during the time the Sheriff is present and after the Sheriff remove her from the property. Do not change the lock without the Sheriff present, that would be illegal.
If she is still in the place on 9/30, you go to the court and ask for the eviction paper work, usually the judge should approve it, then you take the paper work to the Sheriff department, the Sheriff will remove her from the property within 24 hours, at the time the Sheriff remove her from the property, you change the lock at Sheriff's present.
- Rental Property Investor · Southern California and Central Florida · Member since 2015 · 1 post · 0 votes8y
I'm guessing she signed a stipulation to be out in the 90 days granted by the judge, in CA you would just need to go back to court, get a default judgement and obtain a writ of possession, then run down to the sheriff's office, pay them for a lockout. They will they visit the residence, post the writ on the front door, and come back on the date posted with a locksmith and remove all occupants and secure your residence. Now, if they still have stuff in there, that's another can of worms! good luck.
- Property Manager · Jacksonville, FL · Member since 2018 · 514 posts · 470 votes8y@Ryan Keenan Wow!! That is the tenant from hell. Why did you decide to give her a month? Did she pay the September rent? As soon as she fails to pay you can put a 3-Day Pay or Vacate notice and if she doesn’t pay by the 3rd day then you file the eviction. You have to be strict with a tenant like that or they will continue to do these things to you. It also heavily depends on your state laws. I’m sure your evictions attorney can help set expectations on what will happen. Good luck!!
- Little Elm, TX · Member since 2018 · 10 posts · 0 votes8y
Finish your current COA and it does not end up in an eviction by Sep 30th then I would offer to pay her to move out. Cask for keys, sometimes cheaper than courts and lawyer.
- bethel, CT · Member since 2015 · 335 posts · 57 votes8y
Originally posted by @Elenis Camargo:
@Ryan Keenan Wow!! That is the tenant from hell. Why did you decide to give her a month? Did she pay the September rent? As soon as she fails to pay you can put a 3-Day Pay or Vacate notice and if she doesn’t pay by the 3rd day then you file the eviction. You have to be strict with a tenant like that or they will continue to do these things to you. It also heavily depends on your state laws. I’m sure your evictions attorney can help set expectations on what will happen. Good luck!!Thanks for your reply, the court gave her 3 months and it's coming up on tha last month to be out. She wants more time and has her social worker.fighting to stay longer. Feel like my attorney has so many evictions that your just a number.. only responds through email. Just want this nightmare to be over, especially after I spent the last year fixing it myself
- Rental Property Investor · San Jose, CA · Member since 2017 · 2 posts · 1 vote8y@Ryan Keenan Rather than a lawyer, you should look for an eviction services company. I just went through something kind of like this in KIng County, in Washington State, and I used a firm called LT Services in Seattle, which is a subsidiary of a law firm. The fees were far lower. I had the tenant served with a 3-day pay or vacate notice then, when he didn’t respond, an eviction notice, and it only cost around $300. The guy moved out at that point. I‘ve heard from some friends that they’ve spent into the thousands just to get to that stage with a non-specialist attorney. I kind of lucked out comparatively speaking, but f you’re at the attorney stage (which it sounds like you already were prior to writing this post) it pays to shop around for the next steps.
- Investor · Rogers, AR · Member since 2018 · 62 posts · 27 votes8y
Sorry you are having to deal with this. As Landlord's, we all have to learn the sad truth about people is that they are dishonest and will tell you anything in order to make themselves look good. Being a Landlord has really taught me a lot about myself and people. You have received some good advice here on this forum. One thing I may add is that you review your process of how you got to this point with this particular tenant and ask yourself what kind of changes do I need to make so that this doesn't happen again.
To be successful Landlord's, I believe that we need to always be looking for ways we can improve our processes. One of the goals of being a successful Landlord is NO EVICTIONS!
- 8yPeter StewartBusiness MemberReal Estate Broker · Indianapolis, IN · Member since 2018 · 160 posts · 168 votes
I just had to evict a bad tenant as well. I hired a local real estate attorney that specialized in them. They took care of it very quickly. Within 3 weeks of contacting them I had the eviction hearing. It was on a Thursday. The jugdge gave the tenant until the following Monday at 5pm to be out. And if they weren't, I could call the sheriff and have them escorted out. Luckily they were out by that time so it didn't go that far to me.
There is a lot of great advice on here, but a lot of it is very specific and may not pertain to your situation. The rules, laws, and procedures vary state to state, city to city, county to county, etc. Like others have said, just hire a good, local eviction attorney and let them do their thing. If the tenant is truly in the wrong and you have proof, and you have not done anything wrong as the landlord, it should be a pretty open and shut case in the eyes of the law, and the system will get that tenant out of your property.
- Rental Property Investor · Member since 2018 · 33 posts · 18 votes8y@Ryan Keenan Use the courts. It costs me 600 bucks to use a lawyer to evict. No drama, nothing to it. If he threatens you call the cops immediately. If he were to develop a sucking chest wound in your front yard you want a paper trail on this.
- Rental Property Investor · Member since 2018 · 33 posts · 18 votes8y@Ryan Keenan I see you have an eviction order. Use a sheriff’s deputy to do the set out. Best 85.00 I ever spent. Guys wife was acting an ***. Deputy pulled out handcuffs and told her she could leave the east way or in the back of his car.
- Rental Property Investor · Friday Harbor, WA · Member since 2015 · 66 posts · 30 votes8y@Hai Loc I completely agree with what you say except one point: I would not make cash for keys a last resort. This is my most effective tool un my tool bag. I tell my tenant that they will be leaving, that I am absolutely committed to removing them from the property--whether it takes more or less time. If they leave by a fixed date I will pay them cash = 2 months rent. Sounds like a lot but if they aren't gone by that date you will spend far more in lost revenue than you will in incentive money for them to leave. Sometimes the market is such that the offer is not compelling, but when you write that check to the lawyer you will realize you could have saved money and time.
- Investor · Corona, CA · Member since 2014 · 746 posts · 372 votes8y
There should be a lock out with the state marshal in CT. If someone does not leave by eviction date. I use to be a property manager in New Haven.
- Deland, FL · Member since 2017 · 2k+ posts · 1k+ votes8y
personally I would not speak with them anymore
- 8yDebbie W.Pro MemberLindenhurst, NY · Member since 2017 · 75 posts · 35 votes
Good luck. A lot of good advice here. As long as you have a judgement, they should be out with the assistance of the sheriff. Don't communicate with them any further, particularly after the threats. Put ACR on your phone to record calls. If you are threatened again, file a complaint. If it isn't on paper, it didn't happen as far as police and courts are concerned. In NY, I don't think you are allowed to accept money once you are evicting or it is a new agreement. Since local laws differ, I'd focus on advice from local people. I especially like the eviction specialists.
If you think it will work, send her a message in writing offering to pay one month rent to leave and an additional month's rent if apt is in good condition to be paid after they are out and you've inspected. If they go for it, make sure your inspection includes turning on all water sources and checking outlets. One of the podcasts had a guy speak about a place where the tenants had removed the pipes and electrical but left everything looking good on its face lol.
- Rental Property Investor · Salem, OR · Member since 2017 · 696 posts · 660 votes8y
Dude- I know it has been said before but I will say it too
1. DO NOT TALK TO THEM OR GO OVER THERE OR EMAIL OR TEXT OR ANYTHING once the "pay or leave" message has been delivered. You have an attorney, they need to handle it...the renter is bullying you and thinks they can manipulate you. Do not under any circumstances meet or go to that place. 100% these are the type of people that will say you did something inappropriate (assault, unlawful entry whatever) just to get you on your heels
2. Consider having your attorney offer them $500-1000 whatever for keys after they are moved out. I am basing those numbers on my market so adjust accordingly. You want your place back not to "win" I have done this in the past. I tell my renter "either you get the cash or the lawyer does. You WILL lose, so do you want to leave and get paid or get thrown out?" In this case have your attorney do it
3. After you have your place back, look at the situation, your problem started way back (screening, permitting people to be late etc.) I bet you their cable, cell phones etc are on, electric is on, everyone getting paid but you. People will NOT pay whoever is EASIEST to not pay...do not let that be you.
Don't feel bad, this is what we are paid to handle, just be smart and do not be emotional. I started with 4 units and used to get all worked up....now we have 71....self managed, good repair guy who works for us full time (we buy distressed properties so they need work.) I have less work now with 71 than I did with 8-10 because I have policies I follow, boundaries and I don't get emotional.
Best of luck with it and don't lose the faith!
- Property Manager · Jacksonville, FL · Member since 2018 · 514 posts · 470 votes8y
@Ryan Keenan Okay I didn't realize you had already gone to court. 3 months...that's terrible! I hope she still has to pay for those 3 months...? Have you tried finding another evictions attorney or is it too late now? The one I used in Florida was super responsive by phone and email.
- Investor · Akron, OH · Member since 2016 · 2k+ posts · 4k+ votes8y
Originally posted by @James Wise:
In Cleveland we have to come back and take everything that wasn't picked up by the tenant or stolen by the neighbors by 5pm. We then have to store it for 30 days then can dispose of it. It's a $500 fine to the landlord if you leave it there.
Oh wow! You have to store it? That blows. In Akron, the bailiff will call for a trash pick up for the next morning and the city picks up everything left.
- Rental Property Investor · Chicago, IL · Member since 2014 · 22 posts · 21 votes8y@Ryan Keenan Holy smokes what a story! No advice, just following and I wish you the best of luck sir.
- Investor · Chicago, IL · Member since 2009 · 1k+ posts · 1k+ votes8y
Few ideas:
1. Continue on with the eviction. Talk to an eviction attorney to place the eviction order with the sheriff.
2. Block the call of that boyfriend and completely disengage with him.
3. The second they get thrown out, remove all of their stuff and change the locks. I generally get tenants to move before the sheriff comes.
4. Most importantly, improve your tenant selection analytics. Is there something you can do to improve your odds of tenant success in the future?
- bethel, CT · Member since 2015 · 335 posts · 57 votes8y
Originally posted by @Isaac Hebron:
Do not contact her again outside of court. They may trash your place, but allow the eviction process to play out. Sheriffs will show up if they refuse to move. If they pay rent at the eviction hearing you will have to keep them. Did their lease expire?
Court said they can stay the natural end of lease which is September 30th. But pushing for more time. I told her 6 months ago look for something else and she said she would.
- bethel, CT · Member since 2015 · 335 posts · 57 votes8y
Originally posted by @Richard Sherman:
Dude- I know it has been said before but I will say it too
1. DO NOT TALK TO THEM OR GO OVER THERE OR EMAIL OR TEXT OR ANYTHING once the "pay or leave" message has been delivered. You have an attorney, they need to handle it...the renter is bullying you and thinks they can manipulate you. Do not under any circumstances meet or go to that place. 100% these are the type of people that will say you did something inappropriate (assault, unlawful entry whatever) just to get you on your heels
2. Consider having your attorney offer them $500-1000 whatever for keys after they are moved out. I am basing those numbers on my market so adjust accordingly. You want your place back not to "win" I have done this in the past. I tell my renter "either you get the cash or the lawyer does. You WILL lose, so do you want to leave and get paid or get thrown out?" In this case have your attorney do it
3. After you have your place back, look at the situation, your problem started way back (screening, permitting people to be late etc.) I bet you their cable, cell phones etc are on, electric is on, everyone getting paid but you. People will NOT pay whoever is EASIEST to not pay...do not let that be you.
Don't feel bad, this is what we are paid to handle, just be smart and do not be emotional. I started with 4 units and used to get all worked up....now we have 71....self managed, good repair guy who works for us full time (we buy distressed properties so they need work.) I have less work now with 71 than I did with 8-10 because I have policies I follow, boundaries and I don't get emotional.
Best of luck with it and don't lose the faith!
Thanks so much!
- Rental Property Investor · Salem, OR · Member since 2017 · 696 posts · 660 votes8y
Sure thing Ryan. This happens to almost everyone if they are in the game long enough. Learn from it and see what you can do to prevent it (a lot of that is strong policies...when they are 1 day late, BOOM, notices go out, start the process right then (at least notifications) the reason why is not to create a lot of paperwork for you and hassle, it is to train them that they can not "float" the rent to pay for other stuff, the better trained the renters are the less hassles you have, the better your return, the lower your time commitment.
Do not let something like this knock you out of the game. I had a DEA raid (full on swat with machine guns, helicpoter the whole thing) on one of my nicest properties....talk about a mess...try getting your place back to rent when it is a MAJOR crime scene and all their stuff is there....4 months before I got it back and of course then all their stuff is there and they are in jail...not super easy to serve eviction paperwork to someone in federal prison...anyways...now it is just a war story...haha
Keep it up, and when you are done, really look at your processes...my gut tells me you are a nice guy...be a nice buy, just NOT to your tenants, doing that is like letting the dog eat at the table ....they will just go nuts.
Originally posted by @Ryan Keenan:
Originally posted by @Richard Sherman:
Dude- I know it has been said before but I will say it too
1. DO NOT TALK TO THEM OR GO OVER THERE OR EMAIL OR TEXT OR ANYTHING once the "pay or leave" message has been delivered. You have an attorney, they need to handle it...the renter is bullying you and thinks they can manipulate you. Do not under any circumstances meet or go to that place. 100% these are the type of people that will say you did something inappropriate (assault, unlawful entry whatever) just to get you on your heels
2. Consider having your attorney offer them $500-1000 whatever for keys after they are moved out. I am basing those numbers on my market so adjust accordingly. You want your place back not to "win" I have done this in the past. I tell my renter "either you get the cash or the lawyer does. You WILL lose, so do you want to leave and get paid or get thrown out?" In this case have your attorney do it
3. After you have your place back, look at the situation, your problem started way back (screening, permitting people to be late etc.) I bet you their cable, cell phones etc are on, electric is on, everyone getting paid but you. People will NOT pay whoever is EASIEST to not pay...do not let that be you.
Don't feel bad, this is what we are paid to handle, just be smart and do not be emotional. I started with 4 units and used to get all worked up....now we have 71....self managed, good repair guy who works for us full time (we buy distressed properties so they need work.) I have less work now with 71 than I did with 8-10 because I have policies I follow, boundaries and I don't get emotional.
Best of luck with it and don't lose the faith!
Thanks so much!
- Brooklyn, NY · Member since 2017 · 45 posts · 6 votes8y
I have owned a few properties in north jersey, properties weren't in the best of conditions either.
Not for the faint of heart.
If you catch them behind on rent early I have offered to help them move and find them a place that is cheaper that they can afford. I'd pay for the move and give them back their security. I would try to avoid it getting out of hand by any means necessary. I've caught it early enough where I have worked out some type of deal. The money and time was well spent in these occassions. Unorthoxdox , absolutely ! effective , yes it was.... most of the time.
If it was too late and two months late on rent file all paper work and stay quiet.
Also pay close attention to see if there is any illegal activity taking place at the property , I would check if tenants had warrants and also be aware of any tresspassing. If I caught wind of any of these I called the authorities. The houses I had were not in a good neck of the woods ,nor were the properties in great shape. I owned two and managed about 5.
It was war.
- Realtor · Miami, FL · Member since 2018 · 19 posts · 12 votes8y
I have been I property management for 30+ years, dealing with bad tenants & evictions, I would suggest ( My Opinion) Let your attorney deal with it and hire a management company to manage your property (ies) this way you don't have that issue and relax and know that they will handle the situation if they arise again. Additionally, your attorney should be the one to contact them, since there is already a court stipulation all further contact should be directed to your attorney, Stay Safe!
- Investor · Pittsburgh PA · Member since 2018 · 102 posts · 76 votes8y
@Ryan Keenan I am not sure why everyone is saying not to take money either. I agree with @David S. when my tenant didn't pay the lawyer told me together with her 30 day notice to ask her for rent again: she paid and the notice was still valid. Maybe it's different in other states But he told me you should never refuse what is owed to you.
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