Belligerent tenant won't pay increase or vacate

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Belligerent tenant won't pay increase or vacate

Judy Parker
Rental Property Investor · Closter, NJ · Member since 2015 · 884 posts · 722 votes

I have a belligerant tenant whose lease expires June 30th.  He sent me this message. in response to the lease renewal letter I sent him. 

"you cant legally ask me to pay 1/3 of the electric in an illegal apt. not leaving/not signing . Until you come up with a reasonable increase, I will pay what I think is fair."

a) the apartment is NOT "illegal." I have my CCO.

b) he refuses to pay his 1/3 share of the electric bill (while not paying a penny towards the propane, water or trash thanks to my generosity)

c) he thinks he can call the shots on what a "fair" increase is. I don't tell him how much to charge for tattoos in his tattoo shop, he has gall telling me what I can charge him for rent.

He refuses to pay or vacate. Ugh!

I'm not in the mood for spending time or money on an eviction.

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Martin NealPro Member
Rental Property Investor · Chicago, IL · Member since 2017 · 293 posts · 383 votes
7y

@Judy P. Time to get in the mood. You have to make it clear that he doesn’t call the shots. What’s in the lease is how it works. If he doesn’t like it, he can leave. There are plenty of other places to live.

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  • Martin NealPro Member
    Rental Property Investor · Chicago, IL · Member since 2017 · 293 posts · 383 votes
    7y

    @Judy P. Time to get in the mood. You have to make it clear that he doesn’t call the shots. What’s in the lease is how it works. If he doesn’t like it, he can leave. There are plenty of other places to live.

    38Reply
  • John Clark
    Member since 2018 · 1k+ posts · 1k+ votes
    7y

    "I'm not in the mood for spending time or money on an eviction."

    -----------------------------------

    Get in the mood.

    10Reply
  • Wayne Brooks
    Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    7y

    Assuming it is legal to “have tenants pay some somewhat arbitrary % of the total electric”.....send him his Non Renewal notice and let him know eviction proceedings will occur at whatever the earliest legal date is. 

    3Reply
  • Alex S.
    Specialist · Cleveland, OH · Member since 2018 · 270 posts · 187 votes
    7y

    As a landlord you set the tone, make it clear to him. Eviction is next for him.

    5Reply
  • Greg M.
    Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
    7y
    Originally posted by @Judy Parker:

    I'm not in the mood for spending time or money on an eviction.

    This is hysterical. Hopefully you're in the mood to get screwed over, because that is what this tenant is about to do to you.

    As others have said, get in the mood or get out of this business. 

    12Reply
  • Ned J.Pro Member
    Investor · Manteca, CA · Member since 2017 · 1k+ posts · 2k+ votes
    7y

    And the alternative is?

    Let the tenant decide what he wants to pay? Sounds like a great plan....

    2Reply
  • Dennis M.
    Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes
    7y

    Unfortunately you’ve chose to invest in New Jersey, a state ran by communists that heavily favor the tenants . You can try to evict and hope the judge has sympathy but the laws are written against you 

    5Reply
  • Karl B.
    Rental Property Investor · Erie, PA · Member since 2015 · 1k+ posts · 2k+ votes
    7y

    Text him this: "Pay me or tattoo 'homeless' on your forehead because you will be evicted."

    (I'm kidding - don't text him that. But imagine texting him that for it will feel good. Then evict him; that will feel even better). 

    7Reply
  • Chris C.
    Raleigh, NC · Member since 2017 · 347 posts · 94 votes
    7y
    Originally posted by @Karl B.:

    Text him this: "Pay me or tattoo 'homeless' on your forehead because you will be evicted."

    (I'm kidding - don't text him that. But imagine texting him that for it will feel good. Then evict him; that will feel even better). 

     it will feel even better once he's gone... the invention process can be a PITA

    1Reply
  • Joe Frank
    Member since 2019 · 24 posts · 7 votes
    7y

    @Judy P.

    Evict. He is a bully. He won’t stop with this crazy idea of him deciding the rent increase. He will come up with other issues very soon if you negotiate with him.

    2Reply
  • Maxwell Anyimah-mensah
    Rental Property Investor · Lynnwood, WA · Member since 2015 · 45 posts · 21 votes
    7y

    @Judy P. So it’s seems like you have quite the conundrum on your hands. He is not in the mood to pay the increase or vacate, and you are not in the mood to evict. Seems like this problem will get solved as soon as one of you gets in the mood. Since you are the landlord and you have more skin in the game, May I humbly suggest that YOU GET IN THE MOOD AS QUICKLY AS POSSIBLE? That might fix the “mood” issue thereby solving SIGN OR VACATE issue.

    3Reply
  • Kris L.
    San Antonio, TX · Member since 2019 · 930 posts · 836 votes
    7y

    I guess your other option is to sell the place and reconsider your RE strategy.

    1Reply
  • Jason D.
    Rental Property Investor · St. Petersburg, FL · Member since 2017 · 3k+ posts · 4k+ votes
    7y

    @Dennis M. Easiest evictions I've had were in NJ. Just follow the law, like anywhere else, and you'll be fine.

    Have you had trouble evicting in NJ?

    0Reply
  • John Teachout
    Rental Property Investor · Concord, GA · Member since 2015 · 3k+ posts · 3k+ votes
    7y

    Most of the time, you don't need to file an eviction. An eviction is like a bankruptcy as far as damaging the ability of a tenant to lease another property. Just give a notice to vacate. The eviction happens if they "won't" leave. Just let them know that they don't want to be evicted.

    Do you have a contract or lease for the property? What's it say regarding notice periods, etc.?

    1Reply
  • Account Closed
    Rental Property Investor · Central, FL · Member since 2016 · 950 posts · 821 votes
    7y

    Like everyone else said. Get in the mood and give them a notice to vacate at the end of the lease or sign the new lease on YOUR terms.  

    It sucks we all know that evictions suck but that’s something we all signed up for when we bought rental properties.  

    You don’t run a nonprofit charity for people you run a for profit business, time to get your profit and get that guy out of there. 

    1Reply
  • Dennis M.
    Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes
    7y
    Originally posted by @Jason D.:

    @Dennis M. Easiest evictions I've had were in NJ. Just follow the law, like anywhere else, and you'll be fine.

    Have you had trouble evicting in NJ?

    That’s great you had good luck in court but most on here that live in nj  have a terrible time with the restrictions the state imposes on landlords , tenant friendly policies ,and the ridiculous taxes  . I don’t need to have personal first hand experience with an eviction there to see this when all I have to do is come on this site and see the hordes of  frustrated  landlords  in nj with their hands tied thanks to insane liberals 

    0Reply
  • Jason D.
    Rental Property Investor · St. Petersburg, FL · Member since 2017 · 3k+ posts · 4k+ votes
    7y

    @Dennis M. Probably more of a negativity bias, but maybe I'm lucky.

    @Judy P. If your going to be a landlord, you need to be able to evict when necessary, for the sake of your financial and mental well being. If you do start the process, follow the process correctly, have the proper documentation, and hire a lawyer, if necessary. You'll be fine....

    1Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    7y

    Come on, @Judy Parker Look yourself in the mirror and ask what you should do. You know eviction is the right thing.

    Cut off communication with the tenant on this issue. Speak with an attorney and let them fix this. Once your tenant hears from the attorney, there is an 80% chance they will get on board or move out. If they insist on holding tight over this small utility bill, go through the process of evicting because they will never get better.

    The DIY Landlord Book4.7248 Reviews
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    2Reply
  • Tanner Marsey
    Rental Property Investor · San Diego, CA · Member since 2017 · 439 posts · 578 votes
    7y

    Unpopular opinion but his lease expires June 30th.... he’s going to pay you rent one more time? If you just let things play out until then how much is that going to cost you? I’d just let him know you aren’t going to renew the lease and you expect him to be out June 30th. You fight for the rent and threaten eviction you may or may not get this accomplished by that date anyways....

    If he had a couple months left.... absolutely evict. He has like 35 days left. You have to weigh you time and effort vs the amount of money you stand to gain from him if he does end up paying. Maybe negotiate with him a little bit and see if that works?

    1Reply
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    7y

    You know what the options are.  He either pays the rent or he moves.  Tell him those are his two choices.

    0Reply
  • Tony Gunter
    Investor · Canton, GA · Member since 2014 · 727 posts · 500 votes
    7y

    @Judy P.

    Suck it up buttercup.

    This is the ugly side of what you signed on for. Just pay an attorney to process the eviction so you don’t incur the stress too. I would not stop the process until/unless he is out. This guy is like a deep stain, you will see it again with time.

    Sorry for your misfortune.

    2Reply
  • Robert Schumacher
    Investor · Campbell, CA · Member since 2016 · 76 posts · 91 votes
    7y

    @Judy P. I’m going to take a different position than the other posts. We all know how expensive evictions are and I think it’s important to remember that our tenants are our customer. Have you considered explaining the increase and asking him what he felt was fair?

    Maybe he was just having a bad day because his tattoo ink didn’t arrive. Maybe a family member passed and finances are tight. I don’t really care about the excuse but start a discussion and work toward a win/win. You may find he is willing to absorb a smaller increase, and you end up with a long term tenant willing to absorb smaller increase.

    1Reply
  • Shawn Verma
    Member since 2018 · 5 posts · 1 vote
    7y

    @Martin Neal question, if his lease is going to expire and landlord is not renewing then would you still have to do an eviction since he has no contractual interest in the property after the expiration of the lease? Can’t the police charge him with trespassing at that point?

    1Reply
  • Martin NealPro Member
    Rental Property Investor · Chicago, IL · Member since 2017 · 293 posts · 383 votes
    7y

    @Shawn Verma Depends on the state laws. Some states would call it a unlawful holdover. Others my require a eviction regardless because it’s a tenant friendly state. He would have to check his state laws.

    0Reply
  • Shawn Verma
    Member since 2018 · 5 posts · 1 vote
    7y

    ok I’m from Indiana and I know here once lease is expired then they have no contractual interest 

    0Reply
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