What do I do if my renters won’t move out?

What do I do if my renters won’t move out?

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.

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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.

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  • Ocean Springs, MS · Member since 2017 · 71 posts · 32 votes
    5y

    @Jaquetta T Ragland we plan on turning it Into an Airbnb. We just need them ti get out!! We sent them their 30 days. I’m assuming they won’t have the prorated rent for the last few weeks so it’s possible that maybe we can start eviction even sooner when they don’t pay.

  • Pat HeidingsfelderBusiness Member
    Real Estate Broker · Biloxi, MS · Member since 2016 · 169 posts · 92 votes
    5y
    All you need to do is go down to the courthouse. The clerks will give you all you need as far as proper document, and walk you through the process. I believe it’s about $80


    Originally posted by @Christy Philippoff:

    @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!

  • Investor · Jackson, MS · Member since 2014 · 1k+ posts · 769 votes
    5y
    Originally posted by @Christy Philippoff:

    @Susan Maneck i don’t know how to file a judgement, but I have a feeling I am about to learn something new with this situation!

    You have to get a judgment first. For that you file a claim in small claims court. After you win the claim then the judge will give the tenants typically ten days to pay up. If they haven't by then you can do one of two things or both. You can ask the constable to evict the tenants, which he will do at his own sweet time but give you only a few minutes notice and expect you to show up with a crew to remove their belongings. You can also file to garnish their wages if they are working. 

  • Ocean Springs, MS · Member since 2017 · 71 posts · 32 votes
    5y

    @Pat Heidingsfelder thank you so much. I’m going to do that tomorrow. I’ve never been to the courthouse. Don’t even know where it is. I’m going to learn so much in the next month or two I’d imagine.

  • Ocean Springs, MS · Member since 2017 · 71 posts · 32 votes
    5y

    @Susan Maneck I’m not sure how it’s going to work yet or what will be the best thing to do. I’m guessing I will work on evicting them first then work on judgements.

  • Investor · Jackson, MS · Member since 2014 · 1k+ posts · 769 votes
    5y
    Originally posted by @Christy Philippoff:

    @Susan Maneck I’m not sure how it’s going to work yet or what will be the best thing to do. I’m guessing I will work on evicting them first then work on judgements.

    It that is your aim you have to give them a thirty day notice rather than a 3-day notice. It is usually quicker to evict with a judgment. 

  • Pat HeidingsfelderBusiness Member
    Real Estate Broker · Biloxi, MS · Member since 2016 · 169 posts · 92 votes
    5y

    Yep eviction and judgment goes together. 

  • Investor · CA · Member since 2021 · 2 posts · 1 vote
    5y

    We had the same thing happen to us so we know what you are going through.  (The tenant refused to move out despite given proper notice.)  In the end, we had no other choice but to file an unlawful detainer to get him out and get our property back.  We gave him every opportunity to move before it wound up in court.  This tenant was stubborn, and was bound and determined to get his way.  What he didn't realize or refused to believe is that he can't stay beyond what was agreed upon and he would need to move regardless.  In his case, he had to learn the hard way.

    We hope everything goes well for you.  We wish you luck in getting them out.  This can be quite the ordeal, especially if they fight you on it.  We've heard horror stories where tenants filed for bankruptcy just so they can delay moving.

  • Ocean Springs, MS · Member since 2017 · 71 posts · 32 votes
    5y

    @Mike C. I’ve heard horror stories too. I’m praying the eviction goes smoothly. 

  • Investor · CLT · Member since 2021 · 17 posts · 4 votes
    4y

    How did it go? Were you able to get your property back? 

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