My Tenant is Out of her MIND!

My Tenant is Out of her MIND!

Rental Property Investor · DFW · Member since 2015 · 89 posts · 36 votes

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!

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Greg H.Pro Member
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Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes
7y

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

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  • Joe SplitrockPro Member
    Moderator
    Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
    7y

    @Val J. I would proceed to eviction and include multiple reasons on the notice, not just payment. Include unauthorized tenant and registered sex offender, assuming your lease prohibits these things. Having more reasons gives you more ammunition to see the eviction all the way through.

    I would refuse to take calls from the tenant at this point. Once the conversion goes threatening / abusive, you have no responsibility to subject yourself to that. Have a process server deliver the notice and the next time you see them should be in court - assuming they show up. If they do, my guess is the judge will not be impressed with how this man conducted himself and you can expect fast judgement in your favor.

    Most states prohibit recording conversations without both parties consenting. Check on the legality before you tell the tenant or judge you recorded it.

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