What do you do when a tenant stays past your 30 day notice

24 Replies

I gave my tenant a 30 day notice in the beginning of May and gave her until June 30th. She is asking for an extension. I told her no. And now she said she can’t move until the 4th. (Plus has called me a lot of not nice names 🙄). What do I do. I don’t know 100% I can trust her to be moved out on the 4th. She hasn’t been very pleasant to deal with.

She is on a month to month lease, and I gave her the 30 day notice for multiple late payments and lapses in insurance. Plus her daughter posted a picture on fb of her room w a bong in the background.

You start eviction proceedings.  Period.

If you don't know how, contact an attorney specializing in evictions.  (There are usually a handful in every town.)  The eviction should be fast and easy given you already gave 30 days notice.  It is harder if they  just stop paying.  (That never made sense to me but is generally true.)

Check with the laws in your area, but this actually happened to me on my first property. It was frustrating at the time since I had new tenants moving in just days later. 

I had to file for eviction. In Wisconsin, we can charge 2x rent for the "holdover" period. We can also charge for all added expenses (atty fees, court fees, etc.). Don't go wild with the fees since you probably won't get it back, but I was able to take it out of the security deposit. 

Fortunately, the tenants did move out on the date they promised (after lease end), and before the new tenants moved in. If they didn't move out, I'd have to consult an attorney, but it would probably be along the lines of covering moving costs & hotel costs for the new tenants until I could get the old ones out. I know somebody who had to do that for a tenant once upon a time.

Good luck!

@Heather Rodden I would say start soon as this month ends. I would prepare for huge turnover cost, I'm sure she will make this personal and cause some type of damage to the property. Play by the rules, keep documentation of the condition of the home just incase you have to go after her in court.

@Heather Rodden

Cash for keys. They might be less likely to trash the place if they know they have some $$$ coming back to them. I’d make the offer a few days before the 30th if it’s not looking like they’ll be out by then.

Sorry to hear this is happening. I would definitely start eviction process as soon as possible. If you aren't 100% comfortable with how it works, and you're in a tenant-friendly market (i.e. more complex procedures), then you should work with a housing attorney who knows the process. 

As others have noted, since damage is a possibility, I would consider cash for keys.  It's frustrating on principle, but it could help avoid some headaches with a costly rehab later. 

@Heather Rodden I agree with @Greg Scott , @John Underwood and @Keyonte Summers start the eviction process on the 1st. Read up on the eviction process now if you're not familiar with it and contact a dependable lawyer now in preparation for it. You simply can't trust her because she has already abused that trust. Once you have your initial eviction paperwork processing, then it may not be a bad idea to offer cash for keys (if that is something you want to do) - simply give her a date and time that she must move out by, unit must be completely clean and damage free and her keys on the counter - if you do this, do not waiver on anything, i.e. the time, the condition, etc. - just let her know that if she does it exactly like you mention you'll consider it fair, cancel the eviction, she will get a portion of her security deposit back and has a chance of getting her entire security deposit back - if not then you'll have no choice but to proceed. - Put it and your correspondence in writing. 

Good guidance from others - immediately follow the formal eviction process.  

I know it is difficult, but just ignore the name calling, threats and dishonesty etc.  I used to be startled and bothered when tenants resorted to this.  It's just part of the business.  Avoid any text messages and phone calls. Use written communications only and just follow the process.  

This too will pass,

Terrell

@Ricardo R.

Thank you, very good idea.

She was pretty sour when I told her I would start eviction paperwork on the 1st and had a few not so nice things to say to me. But today has changed her tune and says she will be out by the 30th. We will see, I will be going to file on the 1st if not. Not how I want to spend my birthday though lol!

@Heather Rodden yeah that sounds like a plan. You have to remain consistent and remove all emotion out of it - it is simply part of your policy. Tenant's don't dictate how your investment property runs; you do because at the end of the day you're the one left to find a new tenant mid-month, during a holiday, etc... remain fair and professional but stern.

Keep us posted on how this turns out!


Being in Southern California, the eviction courts are few and backed up making the process EXTREMELY longer than it should be.  Plus there's the fact that this is not a landlord friendly state.  I had to go through what you are going through before, and luckily the tenant did leave when they finally said they would.  I lost 2 months of rent and they left a bunch of junk at the property, but my next tenants were a dream in comparison.  Which is a perfect statement to how important it is to take time vet your tenants thoroughly!  I had inherited the tenants I had to remove when I bought the property, and have since had great tenants after I learned my lesson. 

Good luck! and happy early birthday ;) 

Come July 1st serve your tenant with both a 3-day and 30-day notice to quit. Your not a charity your a business. 

Sounds like she knows how the system works in her favor as a tenant and will take advantage of you as much as she can..@Heather Rodden

@Heather Rodden

Wow, I understand and respect those who said start the eviction July 1. That said, we're talking about 4 days. Can you just pretend like your empathetic to her situation and then charge her 4 extra days of rent (while letting her know that's the only extension you will do)? That goodwill could make a huge difference. I'm not for charity in this business, but there are small exceptions. And, I always like to think of the pro's and cons of every situation. The cons of "not evicting" are, the tenant does not move out on the 4 and you lost 4 days. The cons "of evicting" are, the tenant is pissed off and trashes your place in spite of you not working with her. Or, she says, screw it I'm not leaving at all and extends her stay indefinitely while eviction prceedings occur (then you're out a lot more than 4 days).

@Heather Rodden I just had this happen to me I lost a lot of sleep and had a lot of stress and she turned out getting out on the second date she said. She caused some damage but it wasn’t malicious so now dealing with that, but overall it was not worth my stress.

Here is hoping it goes well for you!

@Eric Wong

The turnout: She moved out on time. And left the key under a stone on the front porch. Usually I like to do a final

Walk through with them, and she knew this. Other that being disgustingly dirty, we have to replace all the carpet, and had to have it exterminated because there were tons of fleas.