My Tenant is Out of her MIND!

55 Replies

I met with my tenant regarding how we would move forward this year in my property. She began her tenancy with at 10/2016. In 2017  at renewal time, I sent her a notice letting her know that she'd be on a month to month lease. The tenant has moved in her baby daddy and another person.  I met with her at a public location because I assumed , correctly, he is a very hostile individual. The meeting didn't go well. I recorded our conversation. My tenant told me that since she's on M2M she is not legally bound by a lease and can move in whomever she wants. .  She shows me information from the internet (which I already knew) regarding M2M leases. Which of course it stated that I had to give her 30 days. . Which is what I was doing today. Tenant also stated that I could not ask her to leave without having cause.  I explained to her that M2M leases are legally binding. And per her thinking if she can move anyone into the property so could I.  Baby daddy interjected, "So  "Baby, did  you sign anything stating you can't have your man live with you?" She had lots of stuff from the internet in a file folder. I asked her to show me proof that she can move anyone in and secondly, show me proof a landlord who has a tenant on an M2M has to show cause.  

I checked my account prior to meeting with her and she hasn't paid rent.

Baby daddy started getting hostile and I gathered my things.  He started cussing and yelling " she can't do ****!"  Let's stay there for 3 months. I get mail there. She can't put us out we can stay for 3 months!.

Okay fellow BPer's,  I know some of you have experienced this or worse. I'm thinking that I will call a landlord/tenant attorney Monday morning. Any recommendations?

Btw. prior to our meeting I had sent a notice to vacate via USPS and asked for a signature return receipt.   Help!

Not sure if you have this or not but give it a look.

Texas property code

Scroll down to page 539 that's where Landlord Tenant starts.

I cannot speak to Texas, in most jurisdictions if an annual lease was signed and not renewed it goes to month to month. All the terms of that original lease still hold. 

Yes, 30 days notice is needed (some places it's 60 days) if you choose to not lease the unit to them. As for a reason when ask I would simply state that I am choosing not to rent it at this time. This avoids personal feelings and he said she said scenario's. Besides you don't want to give a reason that could give them wiggle room. Less is more here.

If I were in your situation I would be serving a Notice to vacate, as you did. I would make sure that you served it correctly per the law. This starts the clock. 

As for the Baby Daddy as you refer to him, there will be a law, (in my lease I use 5 days) as to how many consecutive nights your client can have a guess. Once he has pass that time she is in violation and you may precede with eviction. On a Month to Month the eviction will take longer and you have the burden of proof. 

I would simply over look, but document the guess staying pass the allotted time. I would serve her notice per the law that you will not be renewing her month to month lease and she will have to vacate. The manner in which you serve this notice is EXTREMELY important as when she doesn't vacate you will immediately move to evict and it will be based on her being served the notice to vacate. Some jurisdictions want you to certify mail it, some want you to post it to the front door. Some want both, some want specific information given. The process will be in the law link above or by visiting the courts.

It's never a bad idea to visit with an attorney. I would find one that works for a flat rate as oppose to an hourly.

Above all else never lose your composure. This is business and you are to act and be professional at ALL times. (Even though you want to kick them in the as* and send them on their way)

If she is not current on her rent, send a 3 day notice to terminate via certified and regular mail and file eviction if she does not become current.  You can for a lease violation as well but an eviction for a lease violation is not a certainty even though she is incorrect in her interpetation

If she is current, send a 30 day notice to terminate the month to month agreement

I just had a nutjob tenant who tried to do something equally crazy and kept citing all kinds of laws and making false claims. It's not worth the headache to stoop to their level. Plus, you'll never beat irrationality with logic. 

Having an attorney handle the whole eviction process should only cost a couple hundred dollars more than it would to file on your own, so keep looking for one! 

If you can, maybe try to find a reason to do an inspection to grab photos of the place for evidence in case they trash it. But with the unpaid rent you've got an easy eviction case. If your lease states what @Neil Schoepp said about guests, then you've got a second solid reason to get her out. 

Do not concern yourself with their BS, it is not relevant. You should be serving the tenant with two notices. One to pay or quit and the other to give notice to non renew the lease. Send them both.

They have already made it clear they intend to stay rent free, you will have to evict

@Jerel Ehler

When we met yesterday, the boyfriend got belligerent and I ended the meeting.  I have his behavior on a record. Also so then I've gone on to do a search on him to find out the he was recently released from TDC, he is also a RSO and has a less than stellar past. 

Skip the drama and post a 3 day for non payment. You are not obligated to accept rent. This saves you from any other discussions about who is living in the place and a judge won't care about their sob story if they haven't paid. If they send you money you can send it back. Might be worth the lost rent to get them out. 

@Terrell Garren

Nothing that stood out.    During the years she's been a tenant he's never been in the picture of course,  because I yesterday I found out that he was recently released from incarceration.  Her background only showed minor traffic tickets. This issue with the guy is all new. But, once I looked into him (after digging around for his name)  and looking into criminal record databases I've come to  see that this individual is Frankenstein and she's the bride. He's a ticking time bomb! And the tenant seems totally under his control.

Originally posted by @Val J. :

I met with my tenant regarding how we would move forward this year in my property. She began her tenancy with at 10/2016. In 2017  at renewal time, I sent her a notice letting her know that she'd be on a month to month lease. The tenant has moved in her baby daddy and another person.  I met with her at a public location because I assumed , correctly, he is a very hostile individual. The meeting didn't go well. I recorded our conversation. My tenant told me that since she's on M2M she is not legally bound by a lease and can move in whomever she wants. .  She shows me information from the internet (which I already knew) regarding M2M leases. Which of course it stated that I had to give her 30 days. . Which is what I was doing today. Tenant also stated that I could not ask her to leave without having cause.  I explained to her that M2M leases are legally binding. And per her thinking if she can move anyone into the property so could I.  Baby daddy interjected, "So  "Baby, did  you sign anything stating you can't have your man live with you?" She had lots of stuff from the internet in a file folder. I asked her to show me proof that she can move anyone in and secondly, show me proof a landlord who has a tenant on an M2M has to show cause.  

I checked my account prior to meeting with her and she hasn't paid rent.

Baby daddy started getting hostile and I gathered my things.  He started cussing and yelling " she can't do ****!"  Let's stay there for 3 months. I get mail there. She can't put us out we can stay for 3 months!.

Okay fellow BPer's,  I know some of you have experienced this or worse. I'm thinking that I will call a landlord/tenant attorney Monday morning. Any recommendations?

Btw. prior to our meeting I had sent a notice to vacate via USPS and asked for a signature return receipt.   Help!

 This is simple. She hasn't paid rent so start the eviction process. Sounds like the baby daddy has been through the process before as he kept saying "we can stay for 3 months." He appears to be ready to stay there while you wait for the eviction to be completed. Nothing you can do to speed up the court's timeline so just evict them & move on when you get your property back. I do not recommend you engage in any further communication with these two from now on either. Nothing good can come from arguing with them. Evict & move on.

@James Wise

I'm with you on on each step suggested specifically with cutting off communication. I did just that when I began to pack my things at the meeting while he ranted and spouted his limited knowledge of landlord/tenant guidelines. He tried to goad me as well in the parking lot with additional  blah, blah blah. Which I ignored them and drove off.  

I would file notices as per local law to end tenancy and I would lawyer up ( just to have backup in case you need it). Do not talk to her or anyone else who lives there. Do everything via legal notices. 

Thank you for sharing this, it's opening my eyes to required growth before landlording.

RSO could be public urination and then getting lippy with a cop, or violent pedophile...though getting out of jail or worse prison...they aren't the best people to associate with...or to have in a unit. Convicts frequently have a good understanding of laws, an advantage that people tend to underestimate their intelligence, and knowledge of how the criminal justice system works. Prisons are colleges in evil.

Talk to the police. It may be possible for you to serve him (have the police serve him) with a no trespass notice since he is not a tenant on lease. I do this with undesirables moving in to my units.

If you can serve the notice the police will arrest him for trespassing. This could get them all out quicker than an eviction.

@Thomas S

Thanks for the tip! This is something I hadn't considered. I will look into this. However, I fear that she will just let him back in.  The info. I found in his background suggest so.