HELP***Week to week tenant eviction

HELP***Week to week tenant eviction

Member since 2022 路 10 posts 路 5 votes

I've Been renting all four rooms in my house out individually for about 10 months now. Usually no issues. Tenants have come mostly by word of mouth through some local tradesman. Recently I've had 2 guests that were messy and accessed the two rooms that weren't currently rented. I invoiced an extra 25 dollars for part of the cleaning that I needed done extra and it was disregarded. Theyve treat it as if the whole thing is rented to them. I wasn't sure what I was gonna do. That's when I just decided to bill for biweekly cleaning and install hallway cameras to verify the rooms aren't accessed by anyone unauthorized. I felt like they weren't willing to work with me. When I brought up the cleaning fee he threatened to just leave once the end of the month was up and he'd have his gf clean for free which has not happened to this point already.  This was days ago. After the invoice was disregarded I decided I might try just using a rental management company. I guess that was a super long write up for me to just ask the eviction process I should go with? I've already gave them notice by text That I wanted the house vacated by march1st. Does anyone have any insight for the next steps. I plan on being on the road here for work in the next day or two and wanted to try and make sure I have everything covered before I leave. Anyone that can help would be greatly appreciated. Thank you. 

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Bruce WoodruffPro Member
Contractor/Investor/Consultant 路 San Diego / Phoenix 路 Member since 2021 路 12k+ posts 路 15k+ votes
2y

@Jesse Valdez you really need to get out of the landlord business. Sorry to be blunt, but you were doing everything wrong that you possibly can do. In my opinion you're lucky this is not way worse. Druggies without a lease.....?

Get an attorney and get these losers out then hire a property manager to properly vet any future tenants!

See this reply in the discussion

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  • John UnderwoodPro Member
    Investor 路 Greer, SC 路 Member since 2014 路 13k+ posts 路 17k+ votes
    2y

    I think it's illegal to have indoor cameras.

  • Investor 路 Minneapolis 路 Member since 2023 路 265 posts 路 162 votes
    2y

    It sounds like you need affordable legal guidance.  I can connect you with some resources that might help. Shoot me a DM

  • Michael BaumPro Member
    Olympia, WA 路 Member since 2016 路 8k+ posts 路 7k+ votes
    2y

    Hey @Jesse Valdez. That is a raw deal, sorry you are going through this.

    Do you have signed leases in place for all these folks? Are you renting the spaces through AirBNB or VRBO or only the word of mouth thing?

    Any kind of rental agreement?

    Are their locks on the rooms that aren't supposed to be accessible?

  • Mike GrudzienPro Member
    Lender 路 Eugene, OR 路 Member since 2019 路 2k+ posts 路 1k+ votes
    2y

    Notices, eviction laws, tenant rights and landlord rights vary by state, with some county or city overlays.  You better check out your legal situation, rights and obligations before you make a very expensive mistake!

    Good luck.  Get an attorney.

  • Member since 2022 路 10 posts 路 5 votes
    2y
    Quote from @Michael Baum:

    Hey @Jesse Valdez. That is a raw deal, sorry you are going through this.

    Do you have signed leases in place for all these folks? Are you renting the spaces through AirBNB or VRBO or only the word of mouth thing?

    Any kind of rental agreement?

    Are their locks on the rooms that aren't supposed to be accessible?

     No lease agreements. I use airbnb but these guys did not come in off airbnb. They came in from word of mouth from a past tenant. They haven't refused to leave on the first but I'm trying to figure out what to do if they do decide to refuse which for some reason I think they might. They have showed to be some shady individuals. I know the gf is an addict and one of the guys may use as well.  Edit...also yes there is coded locks on all bedroom doors. That remain locked and temporarily unlock for seconds when a code is entered. I know for a fact he entered the room he was paying for at one point through the window. That was before he had switched out of that room to the larger room. 

  • Member since 2022 路 10 posts 路 5 votes
    2y
    Quote from @John Underwood:

    I think it's illegal to have indoor cameras.

    https://www.google.com/amp/s/www.krqe.com/news/national/are-...

     It is not illegal as long as they aren't hidden and aren't in bedrooms or bathrooms...I have two in the common areas. Kitchen and hallway.

  • Michael BaumPro Member
    Olympia, WA 路 Member since 2016 路 8k+ posts 路 7k+ votes
    2y

    Ok @Jesse Valdez, you have set yourself up for some real problems. Having no rental agreement/lease of any kind is a huge problem.

    They could just decide to stay and stop paying. There won't be a lot you can do, but I am not familiar with the tenant laws in NM.

    I would do what @Mike Grudzien says and talk to a knowledgeable attorney on this. Maybe talk to the city and see what the process is.

    Now of course you don't know how things are going to play out. They may just vacate. If that is the case, then you are good to go.

    Next thing will be to not rent anything until you get a real live lease and rental agreements. No more messing around.

    If they get out without issue, fix and clean whatever was done and thank your lucky stars you got out with minimal problems.

  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant 路 San Diego / Phoenix 路 Member since 2021 路 12k+ posts 路 15k+ votes
    2y

    @Jesse Valdez you really need to get out of the landlord business. Sorry to be blunt, but you were doing everything wrong that you possibly can do. In my opinion you're lucky this is not way worse. Druggies without a lease.....?

    Get an attorney and get these losers out then hire a property manager to properly vet any future tenants!

  • John UnderwoodPro Member
    Investor 路 Greer, SC 路 Member since 2014 路 13k+ posts 路 17k+ votes
    2y
    Quote from @Bruce Woodruff:

    @Jesse Valdez you really need to get out of the landlord business. Sorry to be blunt, but you were doing everything wrong that you possibly can do. In my opinion you're lucky this is not way worse. Druggies without a lease.....?

    Get an attorney and get these losers out then hire a property manager to properly vet any future tenants!


     Bruce you are 100% correct.

  • Theresa HarrisPro Member
    Member since 2019 路 15k+ posts 路 11k+ votes
    2y

    Give them notices to leave.  All of the rooms should have locks on them (and they shouldn't unlock unless the correct code is entered) and if one of them picks a lock to go in a vacant room, that should be automatic lease violation and eviction.  You need to follow through.  Get them out and start with leases and only rent to people that you have screened.  Move into the house for a while (there are spare rooms) and get a better idea of what is going on.

  • Member since 2022 路 10 posts 路 5 votes
    2y
    Quote from @Bruce Woodruff:

    @Jesse Valdez you really need to get out of the landlord business. Sorry to be blunt, but you were doing everything wrong that you possibly can do. In my opinion you're lucky this is not way worse. Druggies without a lease.....?

    Get an attorney and get these losers out then hire a property manager to properly vet any future tenants!


     None of that really answered my question. I'm not getting out. Also thanks for the condescending advice. Really helpful 馃憣 

  • Member since 2022 路 10 posts 路 5 votes
    2y
    Quote from @Theresa Harris:

    Give them notices to leave.  All of the rooms should have locks on them (and they shouldn't unlock unless the correct code is entered) and if one of them picks a lock to go in a vacant room, that should be automatic lease violation and eviction.  You need to follow through.  Get them out and start with leases and only rent to people that you have screened.  Move into the house for a while (there are spare rooms) and get a better idea of what is going on.

    I figured I would just stick with airbnb for now. These are all short term guys. Some come in for a couple weeks some for a couple weeks that turns into months. Most are traveling professionals needing an alternative to a thousand dollar a week hotels. Usually real professional. It worked fine for awhile but I knew something like this would happen eventually. My mistake. Now I learned. 

  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant 路 San Diego / Phoenix 路 Member since 2021 路 12k+ posts 路 15k+ votes
    2y
    Quote from @Jesse Valdez:
    Quote from @Bruce Woodruff:

    @Jesse Valdez you really need to get out of the landlord business. Sorry to be blunt, but you were doing everything wrong that you possibly can do. In my opinion you're lucky this is not way worse. Druggies without a lease.....?

    Get an attorney and get these losers out then hire a property manager to properly vet any future tenants!


     None of that really answered my question. I'm not getting out. Also thanks for the condescending advice. Really helpful 馃憣 


    Sorry, man....not trying to be condescending. I just have a tendency to tell the truth when I see it. The only question you asked was which eviction process to go with and I guess I didn't answer that directly.....so here it is... I would see an Atty first before doing anything else. That's your process.

  • Member since 2022 路 10 posts 路 5 votes
    2y
    Quote from @Bruce Woodruff:
    Quote from @Jesse Valdez:
    Quote from @Bruce Woodruff:

    @Jesse Valdez you really need to get out of the landlord business. Sorry to be blunt, but you were doing everything wrong that you possibly can do. In my opinion you're lucky this is not way worse. Druggies without a lease.....?

    Get an attorney and get these losers out then hire a property manager to properly vet any future tenants!


     None of that really answered my question. I'm not getting out. Also thanks for the condescending advice. Really helpful 馃憣 


    Sorry, man....not trying to be condescending. I just have a tendency to tell the truth when I see it. The only question you asked was which eviction process to go with and I guess I didn't answer that directly.....so here it is... I would see an Atty first before doing anything else. That's your process.

    Already did that. That's where I was told the text would suffice for written notice. Just wanted to see if anyone on here had any similar experience with short term guys and could give me some first hand advice. And I've learned that's just an excuse for being an Ahole. I've done it too. It doesn't help with teachable moments. Thank for the replies tho. I do appreciate generating attention to the post for guys that might have some advice that isn't the obvious. I know I fcked up. That's besides the point here. 
  • Rental Property Investor 路 Phoenix, AZ and Rehoboth Beach DE 路 Member since 2019 路 1k+ posts 路 1k+ votes
    2y

    I'm surprised the lawyer said a text is sufficient notice.  Depending on the state, when someone rents for a certain amount of time, usually 30 days or more, they become long term tenants in the eyes of the law, and they acquire "tenant's rights".  That means you must give notice of 30 or 60 days when ending the rental, filing an eviction and other things that have to be done to the letter of the law.  You can't just call the cops and have them booted for non-payment like is often done with short term rentals. You can't lock them out of their room, turn off the electric, or anything like that.  There is a distinct difference in the law between short term and long term rentals.  Although I have a long term rental, I don't rent by the room like you or have these kinds of problems.  You might want to ask these questions in the General Landlording https://www.biggerpockets.com/forums/52 or the Medium Term Rental forum, https://www.biggerpockets.com/forums/925 which is what you're doing if they are furnished rooms. 

  • Member since 2022 路 30 posts 路 18 votes
    2y

    So many things here. 

    Firstly, I think this might actually be a good situation. You're learning about the eviction process, tenant screening (never "word of mouth" again), the power of a lease WHEN not IF a neutral third party needs to be involved, tenant/landlord laws, and managing tenants who don't care about your business the way you do. By the end of this you'll know more than a double-digit percentage of landlords. 

    Here is the order I would follow:

    1. Go to bard.google.com and ask this LLM for tenant legal codes, articles, sections, and laws for evicting tenants in your city and state. Read those relevant parts and figure out how far in advance you must give eviction notice, how to handle evictions with no lease, etc.

    2. Be ready and willing to change locks and give remaining tenants a key

    3. Start doing showings for their room so they get the idea that they're evicted

    4. After a grace period of 1.5 days give another notice and mention legal action or law enforcement

    5. Pack their items, change front door locks and give new locks to other tenants. Call cops if they keep returning.

  • Contractor 路 San Diego, CA 路 Member since 2024 路 43 posts 路 27 votes
    2y
    Quote from @Bruce Woodruff:
    Quote from @Jesse Valdez:
    Quote from @Bruce Woodruff:

    @Jesse Valdez you really need to get out of the landlord business. Sorry to be blunt, but you were doing everything wrong that you possibly can do. In my opinion you're lucky this is not way worse. Druggies without a lease.....?

    Get an attorney and get these losers out then hire a property manager to properly vet any future tenants!


     None of that really answered my question. I'm not getting out. Also thanks for the condescending advice. Really helpful 馃憣 


    Sorry, man....not trying to be condescending. I just have a tendency to tell the truth when I see it. The only question you asked was which eviction process to go with and I guess I didn't answer that directly.....so here it is... I would see an Atty first before doing anything else. That's your process.

     I completely agree with you @Bruce Woodruff. There are lots of vetting processes and details that need to be addressed before handing over the keys. 

    too late now.  An attorney is the next step to get this guy out asap.  

  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker 路 Cody, WY 路 Member since 2010 路 28k+ posts 路 41k+ votes
    2y
    Quote from @Jesse Valdez:

    When operating a business, it pays to know the laws.

    In most states, guests staying fewer than 30 days can be removed by police for failure to pay rent or obey the rules. Hotels and motels do it all the time.

    The DIY Landlord Book4.7248 Reviews
  • Andrew SteffensBusiness Member
    Tampa, FL 路 Member since 2022 路 3k+ posts 路 3k+ votes
    2y

    I am mostly seconding what almost everyone else is saying, but as Tenant laws vary by state you need to find an attorney from NM with credible knowledge.  For future reference, there is nothing wrong with going off of Airbnb but you need a guest agreement, lease, whatever works best for your state's laws.

  • Contractor 路 San Diego, CA 路 Member since 2024 路 43 posts 路 27 votes
    2y
    Quote from @Nathan Gesner:
    Quote from @Jesse Valdez:

    When operating a business, it pays to know the laws.

    In most states, guests staying fewer than 30 days can be removed by police for failure to pay rent or obey the rules. Hotels and motels do it all the time.


     Hello Nathan. What if the person staying at your place signed a contract but their 1st payment check bounced. In CA, would it be harder to get them kicked out using the police department? 

    I had this issue before, and I wish my agent told me to accept cashiers check instead of a personal check, and I had to resort to hiring a lawyer to scare the tenant with a letter from his office. He ended up paying, but still a hassle. I wonder if calling the police for such a short stay would have worked too?

  • Member since 2022 路 10 posts 路 5 votes
    2y
    Quote from @Mark Brown:

    So many things here. 

    Firstly, I think this might actually be a good situation. You're learning about the eviction process, tenant screening (never "word of mouth" again), the power of a lease WHEN not IF a neutral third party needs to be involved, tenant/landlord laws, and managing tenants who don't care about your business the way you do. By the end of this you'll know more than a double-digit percentage of landlords. 

    Here is the order I would follow:

    1. Go to bard.google.com and ask this LLM for tenant legal codes, articles, sections, and laws for evicting tenants in your city and state. Read those relevant parts and figure out how far in advance you must give eviction notice, how to handle evictions with no lease, etc.

    2. Be ready and willing to change locks and give remaining tenants a key

    3. Start doing showings for their room so they get the idea that they're evicted

    4. After a grace period of 1.5 days give another notice and mention legal action or law enforcement

    5. Pack their items, change front door locks and give new locks to other tenants. Call cops if they keep returning.


     Thank you. And yes this will be a huge learning experience. I'm hoping they'll just go at the end of the month. I'm kind of in limbo right now holding off to see what happens. This and having to be in texas on the 27th will make it difficult to deal with. Never ever going off word of mouth again. Either short term rental apps or lease from here on out. Door locks are all coded and changeable right from my cell from anywhere. But I know I can't just lock people out. This will teach me alot. What my question is is what do motel owners do when people book more than 30 days. And decide to stop paying? Do they have to use an eviction process as well? Thank you for the well written and not rude reply. I do appreciate it. And appreciate the input. Thanks. 

  • Member since 2022 路 10 posts 路 5 votes
    2y
    Quote from @Nathan Gesner:
    Quote from @Jesse Valdez:

    When operating a business, it pays to know the laws.

    In most states, guests staying fewer than 30 days can be removed by police for failure to pay rent or obey the rules. Hotels and motels do it all the time.


     But what process do hotels and motels use for stays longer than 30 days. Do they have to go through eviction processes as well? 

  • John MorganPro Member
    Rental Property Investor 路 Grand Prairie, TX 路 Member since 2018 路 2k+ posts 路 2k+ votes
    2y

    @Jesse Valdez

    I just evicted someone in a house I rent by the room. It鈥檚 pretty easy. Just give them a non renewal notice. I鈥檓 dropping one off tomorrow for another tenant. It needs to be a 30 day notice so I鈥檒l to keep her for all of March. I鈥檒l say she needs to be out by the end of March. If she doesn鈥檛 leave then I鈥檒l file for eviction in April.

  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker 路 Cody, WY 路 Member since 2010 路 28k+ posts 路 41k+ votes
    2y
    Quote from @Jesse Valdez:
    I believe that's the reason motels rent on a weekly basis. If it is less than 30 days, the owner can kick someone out for failing to pay or obey the rules. If they refuse to leave, the owner can call the police and have them escorted out. 
    The DIY Landlord Book4.7248 Reviews
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker 路 Cody, WY 路 Member since 2010 路 28k+ posts 路 41k+ votes
    2y
    Quote from @Diran Deukmajian:

    No. If they have a lease agreement for more than 30 days, you have to follow the eviction process.


    The DIY Landlord Book4.7248 Reviews
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