Eviction Nightmare with aggressive tenants.

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. 

14Reply
272 views

Most Popular Reply

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

See this reply in the discussion

98 Replies

Jump to latestLatest
  • Dustin WoodleyBusiness Member
    Real Estate Broker · Prattville · Member since 2018 · 68 posts · 40 votes
    7y

    Wow! But at least you now have clear roles with your partners!  It should go smooth from this point going forward. But if you ever do decide to go kick some butt in the middle of the night... Please wear a go pro and share the video with me:). 

  • Investor · Detroit, MI · Member since 2016 · 211 posts · 144 votes
    7y

    Any one who knows me, knows I am not the poster boy for landlords. I pretty much hate to manage tenants but when I do decide to it,  I always ask for an empty building and start from scratch. I select all my own tenants and put them all through my own due diligence process. Those that do not except are always free to just go on down the road and become a headache for someone else. If a property is being sold as occupied with leases in place I simply skip over them and never give them a second thought. 

    The worse case I have ever had was one tenant who always paid their rent after 10:00 PM but always paid in person and always paid on time. He never gave me any indication of conducting any illegal activity so I never made an issue of anything with them. The way I manage works for me but may not work for others and I am not one to suggest anyone else do like me.

  • Property Manager · Lakewood, OH · Member since 2015 · 250 posts · 258 votes
    7y

    50 percent of being a successful landlord is having an air tight lease. The other 50 percent is being a strong leader. 

    If you've got that down then there isn't a situation you can't handle. 

  • Investor · Taylor Mill, KY · Member since 2016 · 2k+ posts · 964 votes
    7y

    @Justin K.

    This is a little off topic, but what does "wanted to throw on the plate carrier, go lights out, and get playful in the dark" mean exactly? 

  • Rental Property Investor · Erie, PA · Member since 2015 · 1k+ posts · 2k+ votes
    7y
    Originally posted by @Grant Rothenburger:

    @Justin K.

    This is a little off topic, but what does "wanted to throw on the plate carrier, go lights out, and get playful in the dark" mean exactly? 

     It means there's gonna be some furniture moving around in that property. :-) 

    Often bulletproof, plate carrier are the vests some police and battle-ready military personnel wear. 

  • East Texas · Member since 2018 · 205 posts · 138 votes
    7y
    Originally posted by @Karl B.:
    Originally posted by @Grant Rothenburger:

    @Justin K.

    This is a little off topic, but what does "wanted to throw on the plate carrier, go lights out, and get playful in the dark" mean exactly? 

     It means there's gonna be some furniture moving around in that property. :-) 

    Often bulletproof, plate carrier are the vests some police and battle-ready military personnel wear. 

     Level IV body armor, nods & ir lasers/illuminators. Playful in the dark means I can see in the dark and you can't so let's dance. 

    Eta 

    I don't think it will ever get to that point as I have done everything possible and followed the law to the letter. The law will prevail and I will get my property back. 

  • Rental Property Investor · Seattle, WA · Member since 2018 · 129 posts · 163 votes
    7y
    @Justin Klepfer I empathize, getting through evicting some folks also. People are people, and when under stress and Duress they can resort to primitive tactics. One tenant stripped ALL copper from one of my units, even went into flooring for pipes. Look at it this way, you did the right thing by following the law. So next time you encounter this, you’ll also maybe offer cash for keys (100$ goes a long way in some cities). It can always get worse, right? Looks like you’ll at least (hopefully), not have the rental property completely trashed? Goodluck.
  • East Texas · Member since 2018 · 205 posts · 138 votes
    7y
    Originally posted by @Account Closed:
    @Justin Klepfer

    I empathize, getting through evicting some folks also. People are people, and when under stress and Duress they can resort to primitive tactics. One tenant stripped ALL copper from one of my units, even went into flooring for pipes.

    Look at it this way, you did the right thing by following the law. So next time you encounter this, you’ll also maybe offer cash for keys (100$ goes a long way in some cities). It can always get worse, right?

    Looks like you’ll at least (hopefully), not have the rental property completely trashed?

    Goodluck.

    I'm not sure if it's trashed yet or not. I haven't been able to access it to see what all they could have messed up. 

  • Flipper/Rehabber · East Brunswick, NJ · Member since 2018 · 64 posts · 152 votes
    7y
    Perfect example of why I don’t do rentals. Thanks for the confirmation.
  • Rental Property Investor · Douglas County, MO · Member since 2014 · 1k+ posts · 1k+ votes
    7y
    Originally posted by @Account Closed:

    22. Only accept cash or a Cashier’s Check for credit checks and if you choose them as a tenant, make sure only cash or Cashiers Checks are acceptable, Otherwise they can stop payment on checks and money orders once they move in. PACIFIC HEIGHTS!!!!

     Pardon my ignorance, but how would one stop payment on a money order? 

  • Real Estate Agent · Las Vegas, NV · Member since 2016 · 589 posts · 275 votes
    7y
    @Justin Klepfer. Lesson learned. Dust your self off and move forward. You got the Right idea though, take charge and control it. Work towards buying your partners out.
  • Rental Property Investor · The Vampire State · Member since 2013 · 2k+ posts · 2k+ votes
    7y
    Originally posted by @Sylvia B.:
    Originally posted by @Account Closed:

    22. Only accept cash or a Cashier’s Check for credit checks and if you choose them as a tenant, make sure only cash or Cashiers Checks are acceptable, Otherwise they can stop payment on checks and money orders once they move in. PACIFIC HEIGHTS!!!!

     Pardon my ignorance, but how would one stop payment on a money order? 

     They make fake money orders that get hung up during the routing float between your bank and the money order's source.  Your bank is just offering you provisional credit in your account on the money order until it clears. The only "safe" money order I have found is the USPS, which I walk right in the PO and get cash.

  • Member since 2017 · 2 posts · 1 vote
    7y
    @Justin Klepfer I am NOT an attorney but I deal with the eviction process almost daily and even though the eviction process is fairly simple in my area I would NEVER act as my own attorney in the eviction. I know that what I am about to say will be unpopular with many but I see so many landlords make the same mistakes almost daily. First, a good attorney that does a lot of evictions is working on volume and return customers so they usually aren't very expensive. Second, they can usually expedite the process because of their relationship with the clerks, judges, & law enforcement involved in the civil process. Third, time and time again I've seen landlords save a few hundred dollars on the attorney's fees but lose thousands due to simple mistakes. Most of the time the landlord costs themselves money they are not even aware of it.
  • Retired Landlord/Author · Commerce Township, MI · Member since 2012 · 1k+ posts · 1k+ votes
    7y

    Tenants can say they lost the money order and want to cancel it.  

    Nancy Neville

  • Member since 2018 · 8 posts · 2 votes
    7y
    @Justin Klepfer Man I hate what you’re going through. Although I haven’t had that specific problem, I have been taken to the landlord woodshed way too many times. Basically for trying to be nice and understanding to dirtbags with a hard luck story. After loosing way too many thousands of dollars I knew I had to do things differently. All I can recommend is Brandon and Heather Turner’s book: Book on Managing Rental Property. What a godsend!! I honestly think It saved my company. I hIghly recommend It.
  • Property Manager · Lakewood, OH · Member since 2015 · 250 posts · 258 votes
    7y
    Originally posted by @Wendell Smith:
    @Justin Klepfer I am NOT an attorney but I deal with the eviction process almost daily and even though the eviction process is fairly simple in my area I would NEVER act as my own attorney in the eviction. I know that what I am about to say will be unpopular with many but I see so many landlords make the same mistakes almost daily. First, a good attorney that does a lot of evictions is working on volume and return customers so they usually aren't very expensive. Second, they can usually expedite the process because of their relationship with the clerks, judges, & law enforcement involved in the civil process. Third, time and time again I've seen landlords save a few hundred dollars on the attorney's fees but lose thousands due to simple mistakes. Most of the time the landlord costs themselves money they are not even aware of it.

     I've done 3 DIY evictions and won them all. Maybe in Ohio they're just easy. You pay a small filing fee, fill out a single sided form, get a court date and take your lease in. If the tenant has violated the lease then the judge sides with you. I'm not sure why I need an attorney to do that. 

  • Saint Louis, MO · Member since 2016 · 28 posts · 3 votes
    7y

    @Justin K.,

    Thank you for your honesty, and shining light on your current situation. This is a bummer to hear. I have no advice for you unfortunately. This will serve as a reminder to me that the Devil lives (or in this case sublettes) in the details. Good luck.

    - Joey

  • Real Estate Agent · Mesa, AZ · Member since 2017 · 230 posts · 169 votes
    7y
    @Justin Klepfer is this guy in the military or just a nut job with a plate carrier? If he’s military contact his chain of command, because he sounds like a real pain I’ve had to counsel my soldiers and help them pay bills before. Just call the cops
  • East Texas · Member since 2018 · 205 posts · 138 votes
    7y
    Originally posted by @Matt Greer:
    @Justin Klepfer is this guy in the military or just a nut job with a plate carrier? If he’s military contact his chain of command, because he sounds like a real pain I’ve had to counsel my soldiers and help them pay bills before. Just call the cops

     I'm the guy with the plate carrier who wanted to go take of things myself. 

  • East Texas · Member since 2018 · 205 posts · 138 votes
    7y
    Originally posted by @Joey Newton:

    @Justin K.,

    Thank you for your honesty, and shining light on your current situation. This is a bummer to hear. I have no advice for you unfortunately. This will serve as a reminder to me that the Devil lives (or in this case sublettes) in the details. Good luck.

    - Joey

     I wanted to be up front and completely honest about the mistakes I've made and the issues those mistakes are putting me through. I wanted this to be a learning experience for those who think and or believe that this is an easy job with just money pouring in with no time or problems. 

  • Member since 2017 · 2 posts · 1 vote
    7y
    @Anthony R. That is my point exactly. Most people will not understand why they need an attorney to take care of a simple eviction until it's possibly too late. Most people most of the time can get by without an attorney especially in areas where the process is fairly simple. Then there's the occasion when you run across that individual who is determined to manipulate the system so they can cause you as much grief and cost you as much money as possible. Now I know that some will say "I'll hire an attorney then" but it may be too late at that point. For example let's say that your tenant sued you for unlawful eviction alleging that you violated some obscure provision of the law and you didn't even know about that obscure provision so you probably did violate it. In this scenario you could have an uphill battle even if this individual intentionally took advantage of your ignorance and manipulated you into violating the law. All that I'm saying is that having a good attorney handle the eviction is like purchasing insurance. How many times do you drive on the road without having a wreck and how many days pass without our house burning? Yet most of us purchase insurance because we understand just how bad things can get and how little control we have over the rest of the world. Most of us choose to purchase insurance for financial protection and peace of mind but there are always some who take that gamble so that they can save the money. Whether one acts as their own attorney or not is a personal decision and should be an informed one.
  • Greg H.Pro Member
    Moderator
    Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes
    7y

    @Anthony R.  Eviction are extremely simple and straightforward in Texas.  This one has a twist in that @Justin K. is evicting a sub-lessor and not the person on the lease

    Justin- Like I said earlier in the thread, I believe you made a mistake by not adding the tenant on the lease as part of the eviction.  I would not even have named the current occupant as styled the suit as:

    Myself vs Original tenant and all other occupants

    A couple of other questions and observations just to help:

    -I would go to your profile and change it to just your initial so this thread cannot be googled by the occupant

    -Did you seek a monetary amount or just possession?  The occupant has no agreement to pay you

    -When you purchase a property you cannot force a tenant to sign a new lease with you.  Y'all assume the landlords position and are bound by that agreement

    I have been doing evictions for close to 30 years in Texas as Brokers are allowed to handle evictions .  Actually, recent law change allows anyone that you designate to handle them

  • Investor · Windsor Mill, MD · Member since 2010 · 29 posts · 11 votes
    7y

    Thank you for sharing.  It really helps a lot of us listening to your experience.  I also find your story delightful, and glad your wisdom kicked in.  I don't agree you should kick your partners out.  They didn't know what they were doing and they weren't malicious.  My only issue is that they didn't share the business knowledge with you.  I like your solution, keep them in, let them fund, and you run everything.  You should have an uptick in your share of the $ though.  But I am ASSuming your good old boys are friends.  If not friends, then yep... boot em.

  • Investor · Atlanta, GA · Member since 2013 · 3k+ posts · 3k+ votes
    7y

    I haven't read every post and I don't know how Texas law differs from Georgia. 

    In Georgia I could only file eviction against the person that I have the lease with.....and all other. If I filed against a subletter and I had no lease agreement with them, this could easily get thrown out and I'd have to start over. 

  • Investor · Atlanta, GA · Member since 2013 · 3k+ posts · 3k+ votes
    7y
    Originally posted by @Jon W.:

    Immediate execution of the tenant(s). 

     Hm......sounds a little extreme, doesn't it? 

Join the conversationCreate a free account to reply, vote on answers and follow this thread.