NEED HELP w/ RENTAL PROPERTY -- TENANTS CAUSING ISSUES!!!

24 Replies

We are having nothing but problems with our tenants! Here are the issues:

- Dogs left outside, barking 24/7; police have been called at least 20 times; 4 neighbors getting ready to file a lawsuit

- Started paying rent late, now 2 months in a row; never emailed or called us to inform of late payment

- Not maintaining yards front or back; lawns are dead, weeds everywhere, trees overgrown

- Parking "toys" outside and on the street (boats, SUVs, trucks, cars, golf carts, etc)

- Leaving furniture and garbage everywhere outside (on the front patio, side yard, front yard -- everywhere!)

- Their oldest son (who is over 18) apparently moved in with them; we were never informed; he is NOT on the lease

We have asked them on multiple occasions to resolve these issues. The neighbors have as well. The HOA has been assessing fines for 6 months that have gone UNPAID. The City is now taking action due to the code violations.

Simple question:  would you immediately evict these people?

Aside from the laundry list of issues, in the great State of Arizona, having an adult move-in (without notifying us or providing our consent) is a Material Breach of Contract and is grounds for immediate eviction. Technically speaking, their older son is trespassing on our property and living there illegally (he was never background checked, etc).

If your answer is NO, let them stay, please tell me why. Thank you!

You have a lot of valid reasons to evict them. I would hire a housing lawyer first thing in the morning and have them evicted as soon as your state’s laws will allow.

they have already broken the terms of the lease.  A breach is a breach.  Get the eviction process started immediately - the longer you wait the worse condition your property will be when you get them out. 

Hopefully you have the ability to hit their credit for the breach and for all the damage they have likely caused to the property.

@Jennifer Lynn Lewis

I would hire a bulldog attorney. I would evict them. It seems like they will damage the interior worse than the exterior. I then would sue them for all the unpaid fees and breaches in the lease. I then would ENSURE this goes into their credit report. I then would make sure my property was not destroyed and if it is I would go after those damages as well as lost rental income as well due to their actions. 

Just my approach. 

DONT WAIT EVICT ASAP!

Yes. I would have evicted 5 months ago the first time I didn't get paid in full for an HOA fine. Perhaps earlier depending on when the barking issue started.

Never too late to do the right thing.

You should have evicted them a while ago. Just imagine what the inside looks like. Good luck, it isn't going to be pretty in there.

I feel like this is a trick question.

OF COURSE YOU NEED TO EVICT.  Start documenting EVERYTHING now.

Send them a CURE NOTICE for the son living there without having been cleared. Send them a CURE Notice for the HOA violations (list each one on a separate line). Send them a CURE Notice for the dog barking.

In 3 days time when none of this is resolved, go down to court and file an Eviction action based on material breach of contract.  Follow the instructions of the court (make sure you file in the right court).  And get on with it!

@Jennifer Lynn Lewis This tenant should be evicted immediately! Doctor Evictor (Phoenix law firm) would be my recommendation. Dr. Evictor is quick, efficient and does lots of evictions.

Tenant management is one of the skills of a professional property manager that starts with the application process. Hire a professional to manage the property, screen the applicants, put in place the proper paperwork and then execute the plan. 

As a property manager, this situation would have changed months ago!

Take action now, it's not likely to get better. Properties are in demand, let's find a respectful, paying tenant.

I’m sorry, but why the hell did you not evict them long ago, who’s running this show here? This was a no brainer.

Have you done any type of walk through recently to assess possible damages on the interior of your rental?

Hate to say this but....

If you can't manage your properties, hire someone to do it for you. I think this will be a costly lesson in many ways.  

If this has been going on for 6 months why did you not fire your PM. 

If you are not using a PM and you have turned a blind eye to this problem, as in not filed for eviction when the very first violation occurred, why do you want to evict now. If you have managed to ignore the issue this long why change your management style now.

If nothing has changed then no don't bother wasting money evicting. Don't worry about a lawsuit till you get to court. Let the city take care of the problems.

And ask them to pay a higher rent to account for the kid.

@Jennifer Lynn Lewis ,

I'm normally pro-tenant, and pro-working things out, but omg.. how many middle fingers  do they have to give you to get evicted?!   

IMO you should have started it after the very first late notification from the HOA 5 months ago! It looks like it's a beautiful house, but it's being treated like a junkyard--- EVICT ASAP!!!!

@Jennifer Lynn Lewis

I'm betting that this property is self managed and not professionally managed. If it is, then fire your property manager.

Since you asked if there's any reason they should stay, I'm betting that somewhere deep down inside you want to believe in these people. Maybe you're the type who has a big heart and wants to help these people if you can.

But here's the truth... big hearts just get in the way when you're trying to make logical business decisions.

I'm kind of the same way... I get it from my mother... she ALWAYS gives people the benefit of the doubt, and sees people for who they COULD be... not who they ARE.

So I've been taken advantage in the past by people from being too trusting, wanting to believe they were good people when I should've paid attention to all the red flags showing me they weren't.

And you my dear have quite a bit of red flags on your hands.

No matter how hard you try to screen tenants by doing background checks, credit score reports, etc. stuff like this always happens.

If you fall in love, eventually you get your heart broken.

If you play baseball, eventually you're gonna strike out.

And if you become a landlord, eventually you're going to have to evict somebody. It's the nature of the game.

My advice would be to hire a local property manager to handle this for you. It's gone on way to long, and you need somebody to handle it quickly and take the reins for this situation that has got out of control.

If you need a referral, just let us know. We'll be happy to point you in the right direction.

Best of luck! Hope this helps!

I would reread the lease. It’s important for your lease to tell your policies and procedures. If they broke them, then follow the lease to evict them. If not, do not renew their lease and get rid of them

EVICT!  Start yesterday.  Under no circumstances would I allow them to stay.  Do not accept a penny from them, as even partial payment could mess up your eviction proceeding. Evict now.

Originally posted by @Jennifer Lynn Lewis :

We are having nothing but problems with our tenants! Here are the issues:

- Dogs left outside, barking 24/7; police have been called at least 20 times; 4 neighbors getting ready to file a lawsuit

- Started paying rent late, now 2 months in a row; never emailed or called us to inform of late payment

- Not maintaining yards front or back; lawns are dead, weeds everywhere, trees overgrown

- Parking "toys" outside and on the street (boats, SUVs, trucks, cars, golf carts, etc)

- Leaving furniture and garbage everywhere outside (on the front patio, side yard, front yard -- everywhere!)

- Their oldest son (who is over 18) apparently moved in with them; we were never informed; he is NOT on the lease

We have asked them on multiple occasions to resolve these issues. The neighbors have as well. The HOA has been assessing fines for 6 months that have gone UNPAID. The City is now taking action due to the code violations.

Simple question:  would you immediately evict these people?

Aside from the laundry list of issues, in the great State of Arizona, having an adult move-in (without notifying us or providing our consent) is a Material Breach of Contract and is grounds for immediate eviction. Technically speaking, their older son is trespassing on our property and living there illegally (he was never background checked, etc).

If your answer is NO, let them stay, please tell me why. Thank you!

 Asking is not official, you need to get an attorney and move these folks out through the proper channels and move on take the loss - cut it earlier than later - 

Well, I think that you should let them stay...

...so someone has a worse tenant than one of my previous tenants!!

I had a question for more experienced out there. Would the lease have to state the HOA rules clearly with penalties in order to pass them the fines? Also will city code violations be enforced on the landlord or tenants and is judgement needed for this?

Thanks

@Jennifer Lynn Lewis do you self manage or use a Property Manager? 

Also, what type of pre-screening was done on the tenants before they moved in or signed a lease? 

Do you have a written and signed lease agreement? 

What type of lease agreement did you use?

I ask the above questions because they are vitally important in selecting and managing tenants. 

As for eviction, start it now, and I would highly recommend, as stated previously, use an eviction attorney. 

Its her first post, so lets no get too harsh and scare her off.......we all started somewhere

Totally agree with all above....get an attorney and start the eviction now.....should have done it months ago.

Lesson learned

@Jennifer Lynn Lewis I just went through a similar experience but the people in the home weren’t just renters, they were buying the property from me on seller financing that we had closed through the title company so I needed to foreclose on them before I could evict them.  It was a difficult experience but I learned a lot through it.  Now I know how to go through the foreclosure process and the eviction process and I know what signs to look for and how to hold my tenants more accountable.  I now send out the five day notice the day after the grace period ends and I have been getting the majority of my rent on time now.  I don’t to do it in a mean way. I just let them know that it is just procedural to send out the five day notice if they have not paid by the end of the grace period and that it is not personal to them but this is what we do with all of our properties because of a bad experience that we had before.

Originally posted by @John M. :

I had a question for more experienced out there. Would the lease have to state the HOA rules clearly with penalties in order to pass them the fines? Also will city code violations be enforced on the landlord or tenants and is judgement needed for this?

Thanks

you may want to confirm with a lawyer, but to my knowledge the lease would only have to state that tenant agrees to follow HOA bylaws, and be given a copy. it would also have to state that they agree to reimburse owner for any fines resulting from their actions. I do not think the lease has to specifically spell out what HOA violations are.

City code violations are levied on the owners property, not the tenant. these should also be passed onto the tenant, but lease should probably specify this as well.

this all may be state to state specific though.

I think I heard this on a podcast the other day, when dealing with tenants and sending out timely notices, some good verbiage to include in your notice to the tenant, is to put in your notice that "the law" or "Arizona law" requires that I send this notice. I think it helps in neutralizing the impact of the notice.

Time to move on from these tenants. They’ll never get back on track. It will put you in a better relationship with the neighbors after you get them out. There are good tenants out there. Good luck.

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