Eviction Nightmare with aggressive tenants.

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Eviction Nightmare with aggressive tenants.

East Texas · Member since 2018 · 205 posts · 138 votes

I will preface this by saying this is 100% a self inflicted wound that in all honesty did know know was happening. I am an investor with two other "good old boys" who still believe in handshakes and verbal agreements.(I do not!!! I have worked for a larger company and contracts and written agreements are a rule of operations.

Property was bought 4/18 with tenant in place with signed contract with previous owner.

1st mistake- I was under the impression one of my other business partners received a new signed lease agreement for our company. That did not happen....

2nd mistake- we did not do our own internal due diligence and perform a background check.

3rd- one of my other partners was informed in June that the current tenants were subletting(I found out 10/23/18, yes 3 days ago) and did not tell me. I would have never allowed that. Their theory was that the bills are being paid, its all good.

4th- the tenant that was paying the rent stopped paying and missed the rent for October 1. They did not post notice or even make calls figuring out why. Again found out on 10/23/18.

We posted notice on 10/23/18 at 5pm and they have until 5pm today to leave or we will file per Texas eviction rules.

What makes things even better is the current people who are occupying MY PROPERTY basically called me and said "I wish you would come down and try to make me leave." Well the already pissed off, very Type A personality, very well trained guy wanted to throw on the plate carrier, go lights out, and get playful in the dark. But unfortunately (or fortunately, depends on how you look at it) my old age and wisdom kicked in and going to jail and lossing my family is not worth a rent house.

So basically I think we broke every rule of being a land lord possible. I basically told both partners that I am now taking over and I am running the show as I am not going to run my business as a charity. They fund, I run the business, I make my cut.

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Investor · Boston, MA · Member since 2015 · 1k+ posts · 3k+ votes

7y

I have nothing of merit to add besides +1 for the phrase "get playful in the dark"

You are making the right call by following the eviction script, despite how tempting going kinetic at 0300 may seem.

Since this is your first eviction, paying an attorney to handle it may be worth its weight in gold. 1. You could treat it like eviction OJT and get a feel for if this is something that's in your wheel house or not.

2. It provides an insurance policy of sorts against you dragging this process out by making a mistake. Unknow unknowns kinda thing.

Good Luck

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Account Closed
Specialist · Paradise Valley, AZ · Member since 2018 · 3k+ posts · 2k+ votes
7y
Originally posted by @Justin K.:

I will preface this by saying this is 100% a self inflicted wound that in all honesty did know know was happening. I am an investor with two other "good old boys" who still believe in handshakes and verbal agreements.(I do not!!! I have worked for a larger company and contracts and written agreements are a rule of operations.
Property was bought 4/18 with tenant in place with signed contract with previous owner.
1st mistake- I was under the impression one of my other business partners received a new signed lease agreement for our company. That did not happen....
2nd mistake- we did not do our own internal due diligence and perform a background check.
3rd- one of my other partners was informed in June that the current tenants were subletting(I found out 10/23/18, yes 3 days ago) and did not tell me. I would have never allowed that. Their theory was that the bills are being paid, its all good.
4th- the tenant that was paying the rent stopped paying and missed the rent for October 1. They did not post notice or even make calls figuring out why. Again found out on 10/23/18.
We posted notice on 10/23/18 at 5pm and they have until 5pm today to leave or we will file per Texas eviction rules.
What makes things even better is the current people who are occupying MY PROPERTY basically called me and said "I wish you would come down and try to make me leave." Well the already pissed off, very Type A personality, very well trained guy wanted to throw on the plate carrier, go lights out, and get playful in the dark. But unfortunately (or fortunately, depends on how you look at it) my old age and wisdom kicked in and going to jail and lossing my family is not worth a rent house.
So basically I think we broke every rule of being a land lord possible. I basically told both partners that I am now taking over and I am running the show as I am not going to run my business as a charity. They fund, I run the business, I make my cut.
This is one reason Partnerships are over rated. I use Joint Ventures when needed, but self owned is best. Thanks for the insight.
By the way, I'd probably start the eviction process and let the police take care of the tenants. Not much more you can do. The police know them by name, no doubt.
4 Reply
Justin K.
OP
East Texas · Member since 2018 · 205 posts · 138 votes
7y
Originally posted by @Account Closed:

Originally posted by @Justin K.:
I will preface this by saying this is 100% a self inflicted wound that in all honesty did know know was happening. I am an investor with two other "good old boys" who still believe in handshakes and verbal agreements.(I do not!!! I have worked for a larger company and contracts and written agreements are a rule of operations.
Property was bought 4/18 with tenant in place with signed contract with previous owner.
1st mistake- I was under the impression one of my other business partners received a new signed lease agreement for our company. That did not happen....
2nd mistake- we did not do our own internal due diligence and perform a background check.
3rd- one of my other partners was informed in June that the current tenants were subletting(I found out 10/23/18, yes 3 days ago) and did not tell me. I would have never allowed that. Their theory was that the bills are being paid, its all good.
4th- the tenant that was paying the rent stopped paying and missed the rent for October 1. They did not post notice or even make calls figuring out why. Again found out on 10/23/18.
We posted notice on 10/23/18 at 5pm and they have until 5pm today to leave or we will file per Texas eviction rules.
What makes things even better is the current people who are occupying MY PROPERTY basically called me and said "I wish you would come down and try to make me leave." Well the already pissed off, very Type A personality, very well trained guy wanted to throw on the plate carrier, go lights out, and get playful in the dark. But unfortunately (or fortunately, depends on how you look at it) my old age and wisdom kicked in and going to jail and lossing my family is not worth a rent house.
So basically I think we broke every rule of being a land lord possible. I basically told both partners that I am now taking over and I am running the show as I am not going to run my business as a charity. They fund, I run the business, I make my cut.
This is one reason Partnerships are over rated. I use Joint Ventures when needed, but self owned is best. Thanks for the insight.
By the way, I'd probably start the eviction process and let the police take care of the tenants. Not much more you can do. The police know them by name, no doubt.
Yes sir they know them by name. They have a history in the town that includes loosing their children for undisclosed reasons.
0 Reply
Sita B.
Escrow Officer · Yeadon, PA · Member since 2014 · 38 posts · 14 votes
7y
@Justin K. I wish you the best with this situation. Do you already know the eviction procedure in your area? I would also double check any other current tenants.
2 Reply
Justin K.
OP
East Texas · Member since 2018 · 205 posts · 138 votes
7y
Originally posted by @Sita B.:

@Justin K. I wish you the best with this situation. Do you already know the eviction procedure in your area? I would also double check any other current tenants.
Yes ma'am the eviction process is already in motion and to date this is the only rental. The others are flips.
0 Reply
Bill F.
Investor · Boston, MA · Member since 2015 · 1k+ posts · 3k+ votes
7y
@Justin K.
I have nothing of merit to add besides +1 for the phrase "get playful in the dark"
You are making the right call by following the eviction script, despite how tempting going kinetic at 0300 may seem.
Since this is your first eviction, paying an attorney to handle it may be worth its weight in gold. 1. You could treat it like eviction OJT and get a feel for if this is something that's in your wheel house or not.
2. It provides an insurance policy of sorts against you dragging this process out by making a mistake. Unknow unknowns kinda thing.
Good Luck
15 Reply
Justin K.
OP
East Texas · Member since 2018 · 205 posts · 138 votes
7y
Originally posted by @Bill F.:

@Justin K.
I have nothing of merit to add besides +1 for the phrase "get playful in the dark"
You are making the right call by following the eviction script, despite how tempting going kinetic at 0300 may seem.
Since this is your first eviction, paying an attorney to handle it may be worth its weight in gold. 1. You could treat it like eviction OJT and get a feel for if this is something that's in your wheel house or not.
2. It provides an insurance policy of sorts against you dragging this process out by making a mistake. Unknow unknowns kinda thing.
Good Luck
I have a meeting with a mentor in about an hour or so and she said she'd be happy to help me. Apparently Texas is a landlord friendly state and is not a hard process.
It's tempting to take thing into my own hands because honestly, I just do it better in the dark.
6 Reply
Katie Stewart
Specialist · Fort Collins, CO · Member since 2018 · 557 posts · 191 votes
7y
Good luck @Justin K. ! At least you have the good sense to take over the business and begin running it correctly. Can't believe your partners allowed the tenants to move in without being screened... It sounds like you know what you're doing and have a good head on your shoulders, so hopefully, you can get your tenants out and begin running your business properly!
0 Reply
Bill F.
Investor · Boston, MA · Member since 2015 · 1k+ posts · 3k+ votes
7y
@Justin K. glad you have someone that can help guide you through the process.
I hear you about solving the problem yourself, but some skills from previous lines of work don't transfer for a reason and that isn't always a bad thing.
1 Reply
Blair Poelman
Real Estate Broker · Provo, UT · Member since 2013 · 689 posts · 511 votes
7y
@Justin K.
This is terrifying: "make me...", and "Get playful in the dark". Who is this guy, Buffalo Bill?
Anybody brazen (and stupid) enough to send something like that in writing is obviously a few cans short of a sixer. Unfortunately the guy can do a lot of damage to a property, really in no time at all.
If this were my problem I would be on point at the location with a private security service as well as local PD, camera in hand and rolling the entire time.
Good luck with this one, dude.  Be careful, I've seen stuff like this get extremely ugly, on several levels. Be safe out there, people are crazy.
4 Reply
Dennis M.
Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes
7y
Sounds like your partners are no partners at all , they are worse than the grifter living in your house! , atleast with the grifter you can toss him out of your life through an eviction . I’m afraid what I’d do if I ever heard “ come on down here and make me leave !” From a tenant . You did one thing right , you didn’t go down there and take him up on his offer which I commend you for . It wouldn’t have helped the situation and could have resulted in you losing your freedom .
3 Reply
David H.
Madisonville, LA · Member since 2018 · 125 posts · 71 votes
7y
You live and learn. I have made some of these same mistakes to. The key to it all is keeping the perspective that it's just business. Dont get emotional about it or you can make more mistakes. And you never know the state of mind of these people so it's important to keep your wits and be smart to avoid bigger problems. I can tell you know all if this though and are just venting. And trust me I get it. Its frustrating
0 Reply
Scott Nidell
Georgetown, TX · Member since 2017 · 27 posts · 23 votes
7y
Buy your partners out. Get creative financially if you have to. They will cost you more money than save you. If you exhausted all your creative options then have them buy you out.
3 Reply
Joe SplitrockPro Member
Moderator
Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
7y
@Justin K.
5th mistake- Staying in business with your partners who were responsible for mistakes 1-4
6 Reply
Greg H.Pro Member
Moderator
Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes
7y
@Justin K.
Sounds like you have someone that knows the drill. Did you file against the person on the lease and "all other occupants" since the subletters are not on the lease ?
0 Reply
Justin K.
OP
East Texas · Member since 2018 · 205 posts · 138 votes
7y
Originally posted by @Greg H.:

@Justin K.
Sounds like you have someone that knows the drill. Did you file against the person on the lease and "all other occupants" since the subletters are not on the lease ?
I filed directly against the people in the house.
0 Reply
Justin K.
OP
East Texas · Member since 2018 · 205 posts · 138 votes
7y
Originally posted by @Scott Nidell:

Buy your partners out. Get creative financially if you have to. They will cost you more money than save you. If you exhausted all your creative options then have them buy you out.
I expressed this very very loudly. This is why the keys were handed over to me and they are my money.
1 Reply
Steve B.
Engineer · Portland, OR · Member since 2014 · 1k+ posts · 1k+ votes
7y
@Justin Klepfer you have two problems: your partners and the tenant. If your partners are as incompatible as it seems, hire a lawyer to liquidate the partnership it as easily as possible to get what money you can out if it. Partnerships are inherently much more difficult than people expect. If your just going after the tenant then hire the local eviction service to serve him ASAP, no need to delay.
0 Reply
Justin K.
OP
East Texas · Member since 2018 · 205 posts · 138 votes
7y
Originally posted by @Blair Poelman:
@Justin K.
This is terrifying: "make me...", and "Get playful in the dark". Who is this guy, Buffalo Bill?
Anybody brazen (and stupid) enough to send something like that in writing is obviously a few cans short of a sixer. Unfortunately the guy can do a lot of damage to a property, really in no time at all.
If this were my problem I would be on point at the location with a private security service as well as local PD, camera in hand and rolling the entire time.
Good luck with this one, dude.  Be careful, I've seen stuff like this get extremely ugly, on several levels. Be safe out there, people are crazy.
The tenant is the one that said, "make me." I'm the one who wanted to get "playful in the dark" but as I expressed earlier, my common sense kicked in. Local PD will not handle it as they said this is a civil matter and not in their scope of work.
I do plan on showing up with a sheriff or some kind of law enforcement when that day does come. If things get sporty, I know how to protect myself and more likely I will come more prepared than the law enforcement.
ETA- And since this is Texas, I like to think I'm more like William B. Travis. Buffalo Bill was a cool dude no doubt but Travis was the man!
2 Reply
Greg H.Pro Member
Moderator
Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes
7y
Originally posted by @Justin K.:

Originally posted by @Greg H.:
@Justin K.
Sounds like you have someone that knows the drill. Did you file against the person on the lease and "all other occupants" since the subletters are not on the lease ?
I filed directly against the people in the house.
In my opinion that was a mistake . If you sub lessor gets some good advice, it has a reasonably good chance of getting dismissed and you would have to begin the process again . If the occupant goes this route , I would immediately as the judge to amend and drop any $$$ and just award possession
The person on the lease should be included as they are the only one with an obligation to pay you.
Hopefully you will get a Judge that will see thrunthe bs and award you possession.
Just my 2 cents as I am not a lawyer
4 Reply
Matt Devincenzo
Investor · Clairemont, CA · Member since 2011 · 3k+ posts · 2k+ votes
7y
Sounds like this is your normal part of education in the school of hard knocks....if it wasn't this, it would have been something else. Either way you'll take a few lumps learning what you don't know.
One clarification though, you mention the need for them to sign your lease. When you buy with tenants in place you do have to honor the existing lease...now if they willingly sign a new lease fine, but they are entitled to stay on the original lease through the term of that lease.
Overall though, look at the situation as a good way of just sorting the partners into their respective roles.
0 Reply
Justin K.
OP
East Texas · Member since 2018 · 205 posts · 138 votes
7y
Originally posted by @Greg H.:

Originally posted by @Justin K.:
Originally posted by @Greg H.:

@Justin K.
Sounds like you have someone that knows the drill. Did you file against the person on the lease and "all other occupants" since the subletters are not on the lease ?
I filed directly against the people in the house.
In my opinion that was a mistake . If you sub lessor gets some good advice, it has a reasonably good chance of getting dismissed and you would have to begin the process again . If the occupant goes this route , I would immediately as the judge to amend and drop any $$$ and just award possession
The person on the lease should be included as they are the only one with an obligation to pay you.
Hopefully you will get a Judge that will see thrunthe bs and award you possession.
Just my 2 cents as I am not a lawyer
The people who had the original lease are helping me as they have about $3k worth of property in the dwelling. The people they subleased it to was supposed to be there for a few weeks until the original leasers were ready to move in. The subletters changed the locks on everyone and I guess have deemed the house theirs until the legal process takes effect.
0 Reply
Justin K.
OP
East Texas · Member since 2018 · 205 posts · 138 votes
7y
Originally posted by @Matt Devincenzo:

Sounds like this is your normal part of education in the school of hard knocks....if it wasn't this, it would have been something else. Either way you'll take a few lumps learning what you don't know.
One clarification though, you mention the need for them to sign your lease. When you buy with tenants in place you do have to honor the existing lease...now if they willingly sign a new lease fine, but they are entitled to stay on the original lease through the term of that lease.
Overall though, look at the situation as a good way of just sorting the partners into their respective roles.
I've learned a lot being enrolled in that school and its both expensive and very hard to pass sometimes. I see this as just another course in my overall education until graduation.
Upon acquiring the property, I wanted a lease agreement in my companies name. It would have been the exact same lease just with my signature or one of my partners signature. It would have removed previous owners responsibilities and absolve them from any legal fights.(like the one I'm probably going to be in soon if these squatters know how to work the legal system.
0 Reply
Jeffrey RittenourPro Member
Investor · Rathdrum, ID · Member since 2017 · 11 posts · 10 votes
7y
Been there. My first tenants went sideways. Luckily the only damage they did was leave a truckload of trash in the house. Unfortunately Washington has quite a wait period before I could get in the house. By that time the tenants were long gone but I’d already got the ball rolling on the eviction. Couple days after I’d rented to them I listened to a Bigger Pockets that talked about the things you should watch out for when renting to tenants. Pretty sure I checked most the boxes. But I hoped for the best. Which lasted about 6 months. Lesson was learned. I now have an awesome property manager in Spokane now and haven’t missed a single rent check! Don’t think i’ll self manage again. Once you finally get it up and running it’s worth it!
2 Reply
Justin K.
OP
East Texas · Member since 2018 · 205 posts · 138 votes
7y
Originally posted by @Jeffrey Rittenour:
Been there. My first tenants went sideways. Luckily the only damage they did was leave a truckload of trash in the house. Unfortunately Washington has quite a wait period before I could get in the house. By that time the tenants were long gone but I’d already got the ball rolling on the eviction. Couple days after I’d rented to them I listened to a Bigger Pockets that talked about the things you should watch out for when renting to tenants. Pretty sure I checked most the boxes. But I hoped for the best. Which lasted about 6 months. Lesson was learned. I now have an awesome property manager in Spokane now and haven’t missed a single rent check! Don’t think i’ll self manage again. Once you finally get it up and running it’s worth it!
I plan on self management and getting rid of my w2 job and do real estate full time so I need to learn this before I get to many problems on my plate.
Both properties I have purchased was pre BP so I went into the purchase knowing nothing except how to sign papers. I'm much more educated now and future purchases are going to be much more calculated.
0 Reply
Andrew Flora
Rental Property Investor · North Vernon, IN · Member since 2018 · 136 posts · 192 votes
7y
This is why I am always armed when making house visits, especially when there's eviction notice involved. I do at some point tell them to their face, if they get violent then I have a right to defend myself. If they won't leave then the court/police remove them for me. Use it as a lesson and start over fresh with your next tenants. What we learn from our mistakes becomes very valuable lessons
3 Reply

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