File a UD before the move out date?

10 Replies

We just picked up a bunch of units, and we are sending out notices of termination to tenants as they are on month-to-month. Normally we wait till the date of terminated before filing UD on those who do not move. What if I wanted to move faster, and have my team file UD's now, and if they don't comply with the month-to-month termination notices, we can just snatch them up in court next month on the 5th, vs having to wait yet another month for a summons date.

I know I could call my attorney on this, figured someone on BP already knows if I can legally do this. All tenants have their 30 day termination notice and should move out by the 1st of next month, so it's just a matter of filing a UD now, will a judge let that fly as the 30 days would have elapsed time we hit court on the 5th?

@Levi T. ,

Apologies - just for my education, what is a "UD"?

Google only turns up references such as"urban decay" and something about Java programming.

David J Dachtera

"Success is not a destination. Failure is not an event. Success is a process, failure is a choice."
- DJ Benedict

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I'm guessing you will have to wait the 30 days to see if they actually move out. Having the UD on their record could hurt their future prospects I'd guess even if it's dismissed.

Originally posted by @Mattias Clymer :

Have you considered paying them to vacate? I'm not sure the costs and hassles of filing am UD.  

You could call it a 2 week move out bonus.

To file a UD is $57 in cost, and doing it is part of my PM's job that I already pay for. Unless tenants want to get out for free, we will see them in court on the 5th.

Front of the curve on new properties we are always evicting bad tenants, back of the curve we are 93% full at all times and 100% paid on time or sooner.

It's clearly cheaper to act now, it would be $575 in cost for this round vs having to wait another 30 days for the next court date. If they move out, the case is dismissed, otherwise we will have them gone by the 15th, and ready to rent by the 1st of the following month. I just don't know if my guys file the UD now will the judge agree to it when we arrive or will they say we did not give adequate time before filing the UD, which we have seen them do with Pay or Quit Notices and UD filing dates in the past, yet we can assume rents wont be paid for a future month, before a court date and the judge normally lets that slide.

@Levi T. ,

Got it.

I guess I'd have to err on the side of best practices and not file something like that until it actually occurs.

Your mileage may vary, but that's not the type of reputation I'd want my business to have.

My $0.02...

David J Dachtera

"Success is not a destination. Failure is not an event. Success is a process, failure is a choice."
- DJ Benedict

Jesus man, it's not some evil backhanded maneuver, it's a UD, and it's smart business. Let me elaborate a little..

I bought 10 units in this spot, I'm buying them for pennies on the dollar, because the last landlord could not run a business to save his soul, thus he was slum lording in an area that's very-very nice, rents are $300-$400 under market. HVAC units on fire, yes literally they where on fire, and the last owner would not fix it for years, busted windows on some, with saran wrap as the "fix". Gutters hanging off the side, and the owner was now going broke.. I wonder why. So yes I do know the tenants have not paid, and is not paying rent, but they are in a gray area at this minute as the first 30 days affords them a none paying window due to rent assignment. 2 out of the 10 units have paid rent this month, so I know I'm evicting 8 in the next 60 days no matter what.

Now I could wait 30 days for next months rent to be missed, or I could tell my managers to line things up so we can hit the ground running in May, if we don't, we wont see court till June, and we wont get the units tuned over and rents till July at best. That's 24 months of rent lost at the least, like almost $30,000 of rents. If you can hit the ground sooner, your going to save yourself a lot of money, and I mean a lot of money as you would cut your losses to 1 month.

So your in a gray area because of assignments, and under the law the best option is always to go with least termination as they are month-to-month, vs going the unpaid rents. Month-to-month is automatic win, you cant plead not guilty to a month-to-month, but if someone chooses not to leave you still have to file a UD. So do you want to stand around and wait see if your going to lose 30k, or be proactive and cover your bases.

For clarity; Dismissed UD's do not go on anyone's records because there was no judgement. The topic of this was to only be on the matter of the law on filing paperwork with the court clerk for court dates.

I called my attorney about this scenario. She confirmed that the same rules apply. You have to wait until after the termination date, and if they have not moved out, then you can file the UD with the clerk. Even tho the court date would be after the termination date if you filed today, the judge would not except the filing date, so it would be dismissed and you would have to file again.