First Time Evicting - Mixed Feelings

27 Replies

Long, frustrating story, the specifics of which I don't feel comfortable posting online, but we have a family renting our property (nice neighborhood, $800k home). They've been there for about 2 1/2 years. We told them in February that we were putting the property up for sale and gave them a 60-day notice.

Because of financial issues, they've been unable to move and have been stalling us for months. Their final 60-day notice ends on Monday. They've asked me for 60 more days and promise they'll definitely move at that time. I don't think they will.

Because they're a pretty nice family and, they say, no where to go, I feel like if we evict them, not only will it add to their financial/credit issues, but it will put them in a terrible situation. Having said that, though, I also feel like I shouldn't be the one worrying about their financial situation. I also feel we've been more than accommodating by giving them more than 120 days to vacate.

We're going to make a decision today on whether to evict or extend another 60 days. 

Any words of advice from experience to make me feel better? ;)

Been thur this a lot. 

Just send them packing, this is a money making business for you and your family not a charity business. You have given them more then enough notice. 

If you feel like you should do something tell them you will pay them to move out on time. 

Maybe offer half of what your eviction would cost you. 

It's hard to believe that they cannot find a place to go at that price point (assuming your rent is appropriately aligned with the value of the property).  I agree with @Account Closed  , maybe offer them an incentive to be out by Monday. Otherwise, start the eviction process.

remember david spade on Saturday night live?....Bubye...

Wow, you are being held (holding yourself) hostage for an $800K asset?  Start the eviction process. You might not have to do a full eviction. They may leave when they see you are standing up for right. 

File tomorrow.  Do not take the money even if they offer.  You've done enough!!!

If this doesn't suit you, then REI is not the right game for you... People will, and I mean will take advantage of you - how do I know this...?! Times are rough, and folks are getting weirder every day. Give 1 chance (you've give many), now move on!

@Ben Leybovich is a big bad heartless rich landlord. That being said he is right. If your in this game long enough you lose the ability to hear excuses. Just this month I had 3 tenants that were victims of fraud, car broke down, health issues and dog are their homework. My response is always the same, pay or move out peacefully or the sheriff will do it for you.

A nice family living in an $800K home, now faces eviction and homelessness by heartless landlord ... unlikely what is going on here. These people are not dealing with something.

Whatever the facts and circumstances of this situation, kick these people out. 

When they tell you they have nowhere to go, recommend the local Motel 6. 

And then direct the incredible charity and compassion you've been blessed with to those who actually need it.

http://malalafund.org/

Giving to those in NEED is wonderful thing.

>KNC<

Wow, thanks everyone. You've made our decision so much easier! We spoke with our lawyer and have decided to move forward with the eviction process. Although, I have to admit, I'm still a little uncomfortable, since the house is 4 doors up the street from my primary residence and I see them occasionally driving in the neighborhood.

@Jon Klaus  - They're paying a little under the market value for rent ($3,350). We could probably get $3,900/month or so for the property.
@Serge S.  - I have learned my lesson for sure! This is my first rental property (inherited from my parents) and as we go along, I too am starting to care less and less about the excuses.
@Katharine Chartrand  - Good idea! I'll check out that website. :)
@Ben Leybovich  - You sound EXACTLY like my lawyer. I think she said almost the exact same thing to me yesterday!  LOL!
@Ursula B.  - Our lawyer suggested something similar to us. I might offer to give them part of their security deposit early and the rest when they move out. Although, I need to inspect the house before to make sure it's still in good condition inside.

Like I said, I've really learned my lesson. Along with all the things I've learned here on BP, hearing from other members like you has helped so much. When I re-read what I posted, I'm a little embarrassed by how naive and nice I've been. We may not even sell the house now that it's getting to be later in the year (The whole idea was to sell it in Spring or early Summer), so if we re-rent it, you can bet I'll be a LOT more careful about who we rent it to!

Anne

Originally posted by @Anne A.:


@Account Closed  -  I might offer to give them part of their security deposit early and the rest when they move out. 
Anne

 NOOOOOO!!!! As soon as you start the process, they're most likely going to stop paying. If it takes 3 months for the eviction to go through they'll be into you for a lot more than part of the security deposit. That's not even considering they may trash the place on the way out just for fun. Keep the security till they're out and the place is damage-free, then you can give the entire amount back. This is business. Would your credit card company return part of a payment just because they like you? Nope. Be courteous, be professional, keep it business-like and follow the lease. 

It sounds like these people have some sort of issue that is preventing them from moving, maybe bad credit? Anyway, if they don't have their stuff together, don't even think they're going to leave your place nice. I'll bet you have to spend thousands getting it cleaned, painted, etc. and that's if they just move out peacefully. 

Originally posted by @Troy Sheets:
Originally posted by @Anne A.:


@Sydney Chase -  I might offer to give them part of their security deposit early and the rest when they move out. 
Anne

 NOOOOOO!!!! As soon as you start the process, they're most likely going to stop paying. If it takes 3 months for the eviction to go through they'll be into you for a lot more than part of the security deposit. That's not even considering they may trash the place on the way out just for fun. Keep the security till they're out and the place is damage-free, then you can give the entire amount back. This is business. Would your credit card company return part of a payment just because they like you? Nope. Be courteous, be professional, keep it business-like and follow the lease. 

It sounds like these people have some sort of issue that is preventing them from moving, maybe bad credit? Anyway, if they don't have their stuff together, don't even think they're going to leave your place nice. I'll bet you have to spend thousands getting it cleaned, painted, etc. and that's if they just move out peacefully. 

@Troy Sheets 

@Anne A

 I agree, NO $$$ till they hand you the keys walking out the door. 

Don't take this wrong, but if you are not strong enough have someone else do it for you.

@Troy S.  - You're right, thanks for that. It was something that was suggested to me several weeks ago when we gave them their 2nd 60-day notice to vacate, but after reading all of these responses, I'm definitely not going to do that. 

@Account Closed   - No offense taken at all. My lawyer said as much to me yesterday! I'm determined to do this as professionally as possible, and am preparing a letter today to send to them (per my lawyer) to return the check they gave me for the entire month of July. They're supposed to be out this Monday, so I can't accept it.  I'm going to return it and  let them know we're beginning the eviction process next week. 

Thanks again everyone!!

Originally posted by @Anne A.:

@Troy S.  - You're right, thanks for that. It was something that was suggested to me several weeks ago when we gave them their 2nd 60-day notice to vacate, but after reading all of these responses, I'm definitely not going to do that. 

@Sydney Chase  - No offense taken at all. My lawyer said as much to me yesterday! I'm determined to do this as professionally as possible, and am preparing a letter today to send to them (per my lawyer) to return the check they gave me for the entire month of July. They're supposed to be out this Monday, so I can't accept it.  I'm going to return it and  let them know we're beginning the eviction process next week. 

Thanks again everyone!!

 You are welcome!

Have a great 4th

They are being lazy and are taking advantage of your kindness. If they were diligently looking for a new place to live it wouldn't take them 120 days.

They don't feel bad lying to your face and you shouldn't feel bad evicting them.

Medium rzt hc 6483Michael Noto, SalCal Real Estate Connections | [email protected] | 860‑384‑7570 | https://www.zillow.com/profile/Mike-Noto/ | CT Agent # RES.0799665

Is the property in CA? 

Go ahead and serve your 3-day quit notice.  If they don't move, file your unlawful detainer and have them served.  At that point, if/when they contact you, you can let them know that you will drop the case if they move asap. I've done that a couple of times and the tenants really wanted no eviction on their record. The UD case doesn't show up in the court index in CA or on their credit unless you get all the way to a judgment.  

Sometimes getting served is the only thing that will wake up a tenant and get them to take action.  The action might be putting everything in storage and staying with friends.  If they have July's rent and you're not accepting it, it means they DO have choices how to spend that $3500.  Try evicting people who don't have any cash or a valid driver's license or credit card.  That means no moving truck, no rental storage.  That's the worst.  In my experience they just leave most of their stuff behind after staying until the sheriff lockout date.

I think your tenant's might rally when given notice.  They do have somewhere they can go.  They just don't want to go there.  Not your problem.  

Originally posted by @K. Marie Poe:

Is the property in CA? 

Go ahead and serve your 3-day quit notice.  If they don't move, file your unlawful detainer and have them served.  At that point, if/when they contact you, you can let them know that you will drop the case if they move asap. I've done that a couple of times and the tenants really wanted no eviction on their record. The UD case doesn't show up in the court index in CA or on their credit unless you get all the way to a judgment.  

Sometimes getting served is the only thing that will wake up a tenant and get them to take action.  The action might be putting everything in storage and staying with friends.  If they have July's rent and you're not accepting it, it means they DO have choices how to spend that $3500.  Try evicting people who don't have any cash or a valid driver's license or credit card.  That means no moving truck, no rental storage.  That's the worst.  In my experience they just leave most of their stuff behind after staying until the sheriff lockout date.

I think your tenant's might rally when given notice.  They do have somewhere they can go.  They just don't want to go there.  Not your problem.  

 That's what I'm hoping happens. That they'll move in a timely fashion and not drag this out. I sent the rent check for July back to them by Priority Mail yesterday, so they should receive it tomorrow. I'm interested to see what happens!

Either way, just looking forward to getting them out, getting the house in good shape and then getting it sold! We wanted to sell it in the Spring or early Summer, but this has pushed us to now having to, hopefully, sell it in the late Summer or early Fall. I just hope it isn't too late in the year...

@Anne A.  You previously mentioned the tenant's end date was July 6th?  If so, do not delay posting and mailing your 3-day quit on Tuesday.  Even if the tenants call and say the will move in the next week, or whatever,, do not delay the initial noticing, nor the filing of the UD.  Do not try to save money by waiting to see if they move.  It's important that their attempts to move and your eviction proceedings are concurrent.  That way if they don't move, for whatever reason, you have not wasted time.

Do you have someone who knows what they are doing to help you do the initial noticing, and file the UD if necessary.  Not a regular attorney, but someone who is experienced with evictions? I want to stress the importance of not using a general or family attorney for doing evictions. UD in CA is very, very specific and you need to be working with someone who has worked in your local UD court. Tenants who are up against a wall and who need more time WILL answer the complaint. It only costs them a couple of hundred dollars to answer and gives them several more weeks before the court date.  

Kristine Marie Poe - Thanks for the comments. 

I'm using an attorney who specializes in tenant/landlord law and is also a real estate investor/landlord himself.  He is very experienced in evictions and landlord/tenant law in California. I feel very confident that his office will make sure everything gets filed and served appropriately.

@Katharine Chartrand  - Sure! Here's an update:  

Per my attorney's instructions, I sent a letter to my tenants last week, returning the check they'd given me for the full month of July. In the letter I stated that I couldn't accept the check and that they only owed me for the first 7 days of the month (since their move out date was July 7th). I also stated that we would begin the eviction process on July 8th.

Their attorney contacted ours on Monday the 7th and asked if we would enter into a Stipulated Agreement/Judgment to allow them to stay a bit longer (July 21st). We agreed, but still filed the Unlawful Detainer, which will go into effect immediately if they don't abide by the terms of the agreement (paying us the rent for July 1-21st and leaving on the 21st as agreed). 

So as of now, we have an agreement in place for them to vacate on the 21st. They've already submitted a cashier's check for the rent, have signed the agreement and asked for a move-out inspection on the 21st.

Now, we're looking forward to getting in there on the 22nd to start getting the house ready for sale!

This house has been in our family for 50 years and is my and my brother's inheritance. It's the house we grew up in and I currently live about 4 doors away on the same street. So, it's definitely been an emotional journey, and it will be even more emotional when we sell, but I feel like my parents would want us to take the money from the sale and make it work for us and grow, so that's my plan.

Thanks for asking!

Anne

as a parent I am sure your parents will be very happy to see that house on the market.

If you don't follow through with your notices it will be like not enforcing your rent. If not enforced then not valid. Do not give extensions.

I have a have a hard time feeling sorry for people paying 3k+ in rent. 

Did you screen these people?

It is easy to lose money that came easier (inheritance); be extra careful.

Free eBook from BiggerPockets!

Ultimate Beginner's Guide Book Cover

Join BiggerPockets and get The Ultimate Beginner's Guide to Real Estate Investing for FREE - read by more than 100,000 people - AND get exclusive real estate investing tips, tricks and techniques delivered straight to your inbox twice weekly!

  • Actionable advice for getting started,
  • Discover the 10 Most Lucrative Real Estate Niches,
  • Learn how to get started with or without money,
  • Explore Real-Life Strategies for Building Wealth,
  • And a LOT more.

Lock We hate spam just as much as you