How can you evict tenants without the court system?

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How can you evict tenants without the court system?

Nathan GesnerBusiness Member
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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes

Many Landlords have no idea how to get rid of a tenant, whether it's for non-payment of rent or for lease violations. This is even more obvious as the eviction moratorium stretches to almost a year now.

Share your best tips and techniques for getting rid of bad tenants without using the court system.

Please only share methods that are legal! 

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

Rattle some chains outside their windows while groaning so they think the place is haunted. 

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

    Rattle some chains outside their windows while groaning so they think the place is haunted. 

    23Reply
  • Stephen DeThample
    Real Estate Agent · Las Vegas, NV · Member since 2020 · 461 posts · 305 votes
    5y

    Seems like I hear cash to leave is the biggest winner to get rid of the worst issues.  Just make sure the majority of the payment is after they are actually out of the property and it is not trashed.

    4Reply
  • Bjorn AhlbladPro Member
    Investor · Shelton, WA · Member since 2017 · 6k+ posts · 6k+ votes
    5y

    @Nathan Gesner Starting point for me is always a notice of non renewal. Surprisingly it works.

    11Reply
  • Kyle J.
    Rental Property Investor · Northern, CA · Member since 2012 · 5k+ posts · 5k+ votes
    5y

    @Nathan Gesner If you have a tenant that is still communicating with you and somewhat cooperative, some ideas are:

    - Issue a notice of non-renewal (notice to terminate tenancy) and hope they move out voluntarily

    - Cash for keys

    - Offer to pay for a moving truck

    - Agree to forgive any past due rent if they move out voluntarily on a date you choose (or at least agree to)

    - Convince them that moving out voluntarily is better than having an eviction on their record which may affect their ability to rent places in the future

    On the other hand, if you have a tenant that is no longer communicating with you, and is not cooperative, and refuses to move out of the house voluntarily, then unfortunately there is no other legal option other than eviction to recover possession of the property.

    17Reply
  • Nathan GesnerBusiness Member
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    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    5y
    Originally posted by @Stephen DeThample:

    Seems like I hear cash to leave is the biggest winner to get rid of the worst issues.  Just make sure the majority of the payment is after they are actually out of the property and it is not trashed.

    There are exceptions to every rule and some markets are so Tenant-friendly that cash-for-keys seems a viable option. Personally, I manage 400 rentals and have never paid a renter to leave. I'm afraid too many Landlords run to this method far too quickly.

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  • Dillon Dale
    Real Estate Agent · Owatonna, MN · Member since 2017 · 221 posts · 152 votes
    5y

    @Nathan G. First step is ask if they would be willing to leave

    6Reply
  • Nathan GesnerBusiness Member
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    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    5y
    Originally posted by @Dillon Dale:

    @Nathan G. First step is ask if they would be willing to leave

     EXACTLY! So many Landlords don't even try.

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  • Dillon Dale
    Real Estate Agent · Owatonna, MN · Member since 2017 · 221 posts · 152 votes
    5y

    @Nathan G. Yep, best to start with the easiest, cheapest solution first!

    0Reply
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    5y

    I've only dealt with two and both were in 2020.  I simply posted a notice of eviction and they moved out.  

    2Reply
  • Jonathan Trimboli
    Rental Property Investor · Charlotte, NC · Member since 2019 · 36 posts · 22 votes
    5y

    @Nathan G. Try cash for keys. Make your trouble tenant a cash offer to leave the premises. You’ll still have money out of pocket obviously but in most cases, it’ll be far less money and far less aggravating than dealing with the courts.

    1Reply
  • Rudolph Shepard JrPro Member
    Investor · Wilmington NC · Member since 2017 · 48 posts · 27 votes
    5y

    For us the notice of non- renewal has worked better than any other method, other than outright eviction.

    3Reply
  • Jim K.
    Handyman · Pittsburgh, PA · Member since 2018 · 5k+ posts · 13k+ votes
    5y

    Hi @Nathan Gesner This is something I've been thinking about a lot recently. One of the places my experience as a small C-class LL is probably somewhat different from yours as a property manager.

    Eviction is what happens in my world when communication, logic, reason in the landlord-tenant relationship breaks down. Down in low-C class here in Western PA, the very top tier of C-class tenants, the few who are living in C-class to save up their money prudently to do something else with it, do worry a bit about their credit rating, but the majority already have terrible credit. They see their life as surviving toward retirement, and when they get there, getting their Social Security payment and a Section 8 housing voucher.

    Well, it's almost impossible to get a Section 8 voucher if you have an eviction and an unpaid judgment by a landlord on your record. This gives us landlords, down in these classes, a special kind of leverage with middle-age tenants who are moving toward retirement age.

    A lot of tenants who have not thought about the future do not know this, but once you bring it to their attention it starts making a difference. Not so much the really young ones, who are all quite certain, in the quintessential American way, that they are not really poor...no, they're "temporarily embarrassed millionaires," to use John Steinbeck's phrase. But the middle-aged ones who are or have family members who are getting SNAP aid, or LIHEAP (our energy program), or have a place in public housing -- conversations really start to change with them when they understand how Section 8 works.

    18Reply
  • Michael Ablan
    Real Estate Broker · Watertown, NY · Member since 2016 · 1k+ posts · 1k+ votes
    5y

    @Nathan Gesner-  It all depends on the tenant, asset class and situation

    Class A/B tenants care about their credit score.  They're likely to fold and comply when you threaten to send them to collections and ruin it.   

    Class B-/C tenants likely have tarnished credit scores. They're likely to fold and comply when you threaten their payment/eviction record or HUD eligibility.

    Class C-/Z tenants have nothing lose, so nothing will scare them.  Your only shot is to threaten to report them to their government assistance office.

    The system is all about renting to tenants who have privilege's.   These privilege's should be taken away if they do not follow the rules for your property.

     Figure out what privilege's the tenants in your asset class value and threaten to take them away.  Otherwise you have to rely on the court systems, which are broken in most states

    15Reply
  • Rob Gillespie
    Specialist · Cleveland, OH · Member since 2011 · 1k+ posts · 852 votes
    5y

    Simply pay them to leave. 

    1Reply
  • Ken Naim
    Investor · Lake Worth, FL · Member since 2016 · 233 posts · 140 votes
    5y

    @Nathan G. I've had to evict a tenant in NY years ago. After 9 months the city paid her back rent, no fees or penalties just rent and i had to keep her. Recently I had to evict 3 commercial tenants on a warehouse i just bought in Florida. Due to covif the fillings an service were delayed but the actual filing is what got the tenants to move as the courts here are pretty quick. I tried negotiating with them but they knew the game and evictions here aren't very expensive.

    1Reply
  • Lynnette E.
    Rental Property Investor · TN · Member since 2018 · 2k+ posts · 2k+ votes
    5y

    Go to the property when they are there.  Write down their license plate number right in front of them.  When they ask what you are doing, tell them that you are filing a small claims court suit for their past due rent and then going to collect it however you can...garnishment if they ever get a job or repoing anything they own that is worth $100, one thing at a time if that is what it takes.  Let them know that you have bills too and if they wont pay rent or leave so you can rent to someone who will pay rent, the only way you can pay your bills is garnishing their wages or repoing their stuff.

    4Reply
  • Matthew Olszak
    Real Estate Broker · Chicago, IL · Member since 2015 · 1k+ posts · 2k+ votes
    5y

    Maintaining good report with your tenants. Play the guilt card to the ones who would actually feel as such, and make it like them leaving asap is to their benefit as they won't have an eviction or collections to deal with in the future. The truly bad-at-heart tenants, there is no way beyond the court system, and its necessary to get that process rolling asap.

    2Reply
  • Sam Lewis
    Real Estate Agent · Baltimore, MD · Member since 2018 · 285 posts · 228 votes
    5y

    Pay good tenants to stay, pay bad tenants to leave. 

    1Reply
  • Dan H.Pro Member
    Investor · Poway, CA · Member since 2015 · 7k+ posts · 8k+ votes
    5y

    I hate cash for keys:

    • It encourages an undesired behavior.  They are likely to repeat the behavior on future LL.  They get paid for either not taking care of the unit or not paying for the unit.  Eventually you will get such a tenant.  @Brandon Turner suggests this route on some podcasts.  Sure it is easy, but I question if he realizes the consequences and why he is getting such tenants.
    • It does not show up on credit of eviction reports.   This implies that it is extremely tough to find in even a thorough tenant screening.  It is just a matter of time until a diligent LL gets someone who has received cash for keys.  

    We had a tenant that was not taking care of the unit who was on month to month lease.  I provided 2 months notice (required in our jurisdiction for tenants who have been in the unit over a year).  She indicated she wanted cash for keys otherwise she would not be paying the rent the last 2 months.  I told her it was against our policy to do cash for keys, but we make sure that any non-payment would be reflected on their credit report.  I indicated we do not rent to any tenant that has a rental non payment.  We reminded her about our area’s very low vacancy rate and that many LL will not rent to tenants with a rental non payment. She paid all her rent.  We also kept all of her deposit which came close to paying for her damage (close enough that it was not worth pursuing the additional costs).  

    We have not had any undesired tenants during covid.  During non Covid, we get rid of undesired tenants by raising rent. We also explain the consequences of eviction or rent non payment.   Most of our units are class C, yet we have never not received all rent due.  This is largely a result of a housing shortage and very low vacancy rate.  


    9Reply
  • Timothy White
    Realtor · Boston, MA · Member since 2019 · 91 posts · 60 votes
    5y

    @Nathan G. Sugar is the first ingredient i use . Look to understand , empathize and negotiate there out Before you open the wallet or drop the legal hammers

    3Reply
  • Ola Dantis
    Multifamily Syndicator · Houston, TX · Member since 2016 · 1k+ posts · 2k+ votes
    5y

    I think that the good ole Cash For Keys is probably the best way to get rid of a tenant without the court system. 

    We can't ever underestimate the power of money to make people move, like literally. *no pun intended*

    2Reply
  • Nathan GesnerBusiness Member
    Moderator
    OP
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    5y
    Originally posted by @Ken Naim:

    @Nathan G. I've had to evict a tenant in NY years ago. After 9 months the city paid her back rent, no fees or penalties just rent and i had to keep her. Recently I had to evict 3 commercial tenants on a warehouse i just bought in Florida. Due to covif the fillings an service were delayed but the actual filing is what got the tenants to move as the courts here are pretty quick. I tried negotiating with them but they knew the game and evictions here aren't very expensive.

    My state is similar to Florida. When I file in court, I have a court date set within 14 days. Following my process, eviction typically takes place in less than 30 days from the day rent was due, which is pretty darn quick. Everything I do is a system, and Tenants recognize I'm not fooling around like most Landlords would.

    Rent due on 1st

    Late fee charged at 12:01AM on 5th

    Serve 3-day Pay Or Quit on 11th

    File in court after the 3-Day expires and get court day in 7-14 days

    Win the case

    Tenant is out in 48 hours

    This process is spelled out in writing from the very beginning. When Tenants see me following it, they are usually bright enough to read the writing on the wall.

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  • Steve Vaughan
    Rental Property Investor · East Wenatchee, WA · Member since 2014 · 10k+ posts · 16k+ votes
    5y

    The occupancy review committee has determined you can't be here anymore.  It's out of my hands.

    If you leave by Fri, you will receive your deposit back.

    If you're still here on Saturday morning, large angry dudes will assist you and you will get nothing.  

    Just thought you should know. 

    3Reply
  • Ken Naim
    Investor · Lake Worth, FL · Member since 2016 · 233 posts · 140 votes
    5y

    @Nathan G. As you said it is very similar down here. Did you mention what state your in?

    0Reply
  • Nathan GesnerBusiness Member
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    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    5y
    Originally posted by @Ken Naim:

    @Nathan G. As you said it is very similar down here. Did you mention what state your in?

    Wyoming.

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