Ocean Springs, MS · Member since 2017 · 71 posts · 32 votes
We have tenants whose lease is up in May. We told them when we signed the lease last it that it was for one year and then we were turning the house into an Airbnb. In March we told them that if they moved out early we would give them $500 as incentive. We reminded them multiple times since then that their lease is up in May and we are not renewing it. Well now it’s nearing the end of May and they say they can’t find anywhere else to live. The rent they are paying is well below market value. We called multiple apartment complexes and found a few they could move into. I believe what it comes down to is that they really want to stay because the house is in a great location. The rent they can actually afford is in another city. We could almost double rent in our house. We offered to pay the deposit on their new place as well as actually help them move their belongings. They made no effort to call the other places. We are stuck. We don’t know what to do. They won’t move even with incentives. Can we evict them now? Any advice is appreciated.
Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes
5y
Do not accept rent after the lease ends or you will have agreed to a month-to-month tenancy. With that you have to give your state mandated notice which normally means - another 30 days of living there. So, send/post a Notice of Quit which is the first step in the eviction process advising that the lease has expired, they have 3 days to vacate, their security deposit is at risk, and eviction will be filed immediately.
Don't offer to find them another place to live. It's their problem to resolve. They have basically disrespected your rights as the property owner by CHOOSING not to leave. You're running a business. They're keeping you from moving forward with the best use of it. Send the Notice, file the eviction papers, and watch how quickly they find a new place to live.
Real Estate Agent · PA · Member since 2021 · 240 posts · 131 votes
5y
depends on the state but they need a 30day notice in most states. I would do this and take a picture of it on the door. Or raise the rents to what makes sense for you if they don't want to leave. Make sure you do not live in a rent controlled state. If you properly serve them the notice and they still don't leave then you proceed to filing the eviction.
Real Estate Broker · Rochester Hills, MI · Member since 2009 · 2k+ posts · 2k+ votes
5y
Clearly they are not going to move willingly at this time. Doesn't mean they won't do so as time progresses but it is 100% time to start legal action. I would work with your eviction attorney, if you don't have one, great time to find one and turn this over to them. Best money you will spend. They know what is/isn't allowable in your state given the current local/state/federal eviction circus. Despite what others say here, it is possible to evict now, especially for possession, meaning you are not renewing your lease and you want your house back.
At some point during this process they will realize they are going to lose and might ask for cash for keys, as long as that is still a cheaper option VS continuing the court case, come up with a number and go. Get them to sign an agreement that they are gone, anything left in the property stays with you / the house so you hand over cash (film this) and your done.
A lawyer will also tell them your not screwing around. You sound very nice and they may be trying to take advantage of you as well. A 30 day from a lawyer will put an end to that too.
Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes
5y
Do not accept rent after the lease ends or you will have agreed to a month-to-month tenancy. With that you have to give your state mandated notice which normally means - another 30 days of living there. So, send/post a Notice of Quit which is the first step in the eviction process advising that the lease has expired, they have 3 days to vacate, their security deposit is at risk, and eviction will be filed immediately.
Don't offer to find them another place to live. It's their problem to resolve. They have basically disrespected your rights as the property owner by CHOOSING not to leave. You're running a business. They're keeping you from moving forward with the best use of it. Send the Notice, file the eviction papers, and watch how quickly they find a new place to live.
Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
5y
@Christy Philippoff did you give official written notice? If so find an eviction attorney and consult with them on an eviction and decide from there. You can outline to them what an eviction will mean for them. The moratorium on evictions in most areas will be lifted and I don't think it applies to them anyway which they may not understand. Stop promising them money. Also they should look for their own place. I encourage tenants with low incomes to get on waiting lists for affordable housing and suggest where they can do that but looking for places for people is above and beyond.
Give them the numbers for the places with openings and remind them they have to be out by the end of the month. Otherwise, tell them what the rate is for them to stay as a long term Air BNB guest! I agree with Patricia, it isn't they can't find a place, they are taking the path of least resistance.
I can tell you're a nice/good hearted person from this post.... that being said, they are treating you like trash! It's nice that you offered to help, but it shows they don't want to move-- it's their choice, and actions have reactions -- eviction. If they think it's hard to find a place now-- just wait until you have the scarlet "E". Of course they want to stay, who wouldn't want a great location for cheap? that being said-- it's your property. You did a cash for keys, you can either up that, to say $1,000-- or go straight to a lawyer.
Personally, based on their history-- I'd just go take this to a lawyer and tell them to get them out. Sorry-- not sorry, get the F-out of my house.. . Removing people for possession is relatively easy because legally, they don't have any rights to be there, whereas removing because of an eviction due to lease violations are very hard.
Calculate how much money you will be losing out based on them wasting your time and not moving-- that should make you angry enough to kick them out!
Ocean Springs, MS · Member since 2017 · 71 posts · 32 votes
5y
@Austen Mueller thank you for the advice. We don’t live in a rent controlled state fortunately! We did give them the 30 day notice. We taped it to their (technically our door)! And their car. We took pictures. Now they are refusing to answer our calls, texts, or knocks on the door.
Ocean Springs, MS · Member since 2017 · 71 posts · 32 votes
5y
@Scott M. thank you! We’ve tried to tell them that we don’t really want damage their credit but they are leaving us no choice. They now won’t return our calls or texts or even when we tried to knock on their door even if they are home.
Ocean Springs, MS · Member since 2017 · 71 posts · 32 votes
5y
@Patricia Steiner thank you so much for your advice. They still have a few weeks left of their contract. We gave them 30 days notice before the end of the lease. Right now they have cut off all communication with us. I love what you wrote about putting a letter on there the day the lease is up and they aren’t out. Thank you again!
Ocean Springs, MS · Member since 2017 · 71 posts · 32 votes
5y
@Colleen F. thank you for the advice. We have gone above and beyond. They have now cut of all communication with us. We did give them the 30 days notice. They are banking on not being kicked out because of covid I think.
Ocean Springs, MS · Member since 2017 · 71 posts · 32 votes
5y
@Theresa Harris i love the charging them as an Airbnb guest! That is awesome! They can’t afford anything. They want the nice location for the cheap rent. It’s so aggravating. I don’t think we are going to have any choice but to evict.
Ocean Springs, MS · Member since 2017 · 71 posts · 32 votes
5y
@Linda S. thank you so much for the advice. It’s so frustrating when you are trying to help someone and they treat you like crap. At this point they are no longer responding to any communication. We tried to tell them how bad an eviction will be for them but again they aren’t responding to any of our texts or calls. The property manager That is going to manage our Airbnb said she evicts people all the time and will help us. We are very grateful for that. Do you think we would still need to contact an attorney if we have a property manager helping us?
Unfortunately, people will absolutely treat you like crap. We just had a tenant move out, she had been a really good tenant for 4 years, but when we didn't return all her security deposit, it was jeckle and hide, she went crazy saying how we were scam artists and she'd report us to whatever.. so yeah, regardless of how nice/good you are to people, people are people and will turn on you in a heartbeat.
If I were in your shoes, I'd either have the PM hire an attorney, or hire an attorney ASAP. I would personally just hire an attorney myself, that way you know it's all buttoned up and no room for error. If these people aren't scared of an eviction, or worried how it will affect them, well-- let life teach them a lesson! Maybe they don't realize it, but honestly it sounds like they don't think you have the guts to actually legally remove them, they sound like real dirtbags IMO! Get them O-U-T ASAP! In VA, it normally takes 1-2 months, and when someone knows you are kicking them out, they won't give you a penny... so be ready to sue for unpaid rent as well!
@Theresa Harris i love the charging them as an Airbnb guest! That is awesome! They can’t afford anything. They want the nice location for the cheap rent. It’s so aggravating. I don’t think we are going to have any choice but to evict.
It is. I had two like that close together and had to remind myself that most people are not like that. Fortunately, I just posted the eviction notice (I'm in Canada) and they left. They left a bunch of stuff that we tossed and it took 2 weeks each time to get it back into good shape. In the US you are lucky that the eviction is on their record, so it is in their best interest to move before that happens or it will make it harder for them to get another place. I also agree with the person who said do small claims court for outstanding rent. You are unlikely to ever see it, but again that goes on their record.
Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
5y
@Christy Philippoff Ask your property manager, I will bet she means she has a lawyer that evicts people and if so it might be a good idea to use her lawyer. I would not just have the PM do the eviction but your state might be different. Also certified mail and documentation all the way down the line.
Real Estate Broker · Biloxi, MS · Member since 2016 · 169 posts · 92 votes
5y
All you need to do is file for eviction. Jackson county is easy, no need for an attorney. Give me a shout if you need some help we’ve succeeded multiple times with the covid moratorium.
Investor · Jackson, MS · Member since 2014 · 1k+ posts · 769 votes
5y
If I were you I'd sent them a notice upping their rent to what you expect to receive from it as a vacation rental. I'll bet you they would move real quick then! If they don't they will have to pay that rent or you can seek a judgement against them.
Real Estate Agent · Winston Salem, NC · Member since 2014 · 486 posts · 303 votes
5y
@Christy Philippoff great advice already offered but I would add whatever you do, don’t prolong it and put it off. Are you going to sell or increase rents?
Ocean Springs, MS · Member since 2017 · 71 posts · 32 votes
5y
@Pat Heidingsfelder oh my goodness. You are amazing!! I really appreciate the offer. We use Paige, Manino, McDermott for most of our closing so I was going to see how much they charge to do evictions. I am definitely going to keep you in mind. I thank you so much!