Eviction advice needed

13 Replies

Unfortunately, I have rent one of my property to this person.  They represented themselves as self-employed business person for house showing.  And they signed lease, and moved in this April. However, things got worse and worse.  I went to the house to fix the AC, and saw the guy smoking and dogs were around.  This is non-smoking ,non-pet unit.  That's the first red flag.  

They paid 6 month rent ahead time, now 6 month passed and they cant make payment.  and I give them formal 3 day notice.  They tenant called after that, told me everything in my property is broken and wrong. Threatened me saying he has really good lawyers, i wont win for eviction if i try.  He said i need to give him a notarized 30 day notice, then he will move out.  He want my lawyer to call him and talked to him.  He said he has the right to talk to my lawyer. lol  I hanged up the phone.   I am going to filling Eviction next week. 

have anyone ever deal with this before? I would appreciated any advice or shared story. 

Sounds like a professional.  Yi, did you screen the sufficiently?  Sounds like there might be some things to learn from this experience and potential improvements to your screening process.  

Lots of information on this site about screening they might be beneficial.

Don't let this guy intimidate you.  He doesn't have a good lawyer - that's a lie.  Even if he knows a good lawyer, that lawyer will not work for free - if he has enough money to pay a lawyer, he has enough money to pay his rent.

Second, if he had a lawyer, the lawyer would tell him that he is not to talk to you directly any more.  Lawyers will push their clients back and be the only ones talking.

Go through your eviction process and get him out.

Next time, you don't believe things people tell you.  You make them prove everything.  If self employed, make them show tax returns and bank account history.  If they say they work for somebody, you need to call the employer and verify.

Good luck!

@Joe Hines   I have used an online verify site to do this.  But it seems not working well for me.   I have talked to some other local landlord friends, and they have suggested a local eviction company for the tenant screening service.

YI

This is obviously a professional tenant, cash up front for 6 months, no farther payments, complaints of maintenance issues. Definatly a professional tenant.

Do not attempt to manage this eviction on your own. Hire a qualified eviction lawyer.

Your tennats goal from this point forward will be to live free for as long as possible, to do that he will use the courts to his advantage and file extensions and appeales aftr every ruling.

Hire a lawyer immediately and make sure he has experience dealing with professional tennats. 

He can and will file extensions. He will use every possible tactic the courts allow to drag it out as long as possible to stay rent free if he is a professional tenant. That is what a professional does.

Always beware of anyone who offers to pay rent up front. That's a HUGE red flag. Don't let him scare you with his "knowledge" of the law. Nothing he said so far is true...you don't have to let him speak to your lawyer, your 30 day notice doesn't have to be notarized. He does know tenant tactics though. In all likelihood, there will be intentional damages to your property. That's just how these people operate.

@Ray Harrell , Thanks for replying the message.  They already trashed the house, i went there to check yesterday.  and the house is in horror condition covered with animal fesses, dirty cloths, trash everywhere, the smell is unbearable.( i was there to talk to the neighbors, but somehow their dog broke the door and got out. got on my car wont leave. I have to take him back in.)  

It will cost alot money to fix it.  Unfortunately.

@Yi O. , so they moved out, or did you use the dog as an opportunity to inspect the place? Very clever! Dog broke the door...ok! Sorry for the damages, but we live and learn as landlords. Your skin will become tougher with every problem tenant. I'm to the point where if someone tells me, "My mom and dad and sister died in a wreck and I have to pay for the funeral." My response is, "I'm sorry to hear that, I'll be by on the first to collect rent. If you are leaving for the funeral make sure I have your rent before you leave. Notices are posted on the 5th and eviction will start right away."

Hire an eviction attorney asap.  They will do this wuickly and easily and you wont have to talk to the tenant about it.  Sounds like he is trying to bully you.  This is a business. Hire a lawyer / Eviction attorneys are not too expensive.  Much better to get him out asap versus waiting 2-3 months and then stlll having to go through the process.

CAll today!!