All Forum Posts by: Rosston Smith

Refer to this post if you need to know the story: https://www.biggerpockets.com/forums/52/topics/386936-possible-tenant-eviction

I was informed by another tenant that the disruptive tenant moved out today. I checked the unit and its completely clean. He left only trash in the unit. He even swept it out before he left.

He has my phone number and has left me no note, and has not contacted me what so ever. He moved out on day 2 of the Pay or Vacate period due to non-payment of rent. 

So he chose to vacate.

What can I do now legally? I want to change the locks and begin repair on the unit. 

@Thomas S. 

**MAJOR UPDATE**

I got home and was informed by another tenant that the disruptive tenant moved out. I checked the unit and its completely clean. He left only trash in the unit. He even swept it out before he left.

He has my phone number and has left me no note, and has not contacted me what so ever. He moved out on day 2 of the Pay or Vacate period.

So he chose to vacate.

What can I do now legally? I want to change the locks and begin repair on the unit. 

 I see what you're saying. I'm waiting to see if he complies within the next two days (I doubt it) then I was thinking I'd give the 30 day notice.  What do you think about that?

He's willing to get a lawyer he said and fight me in court for not accepting his rent. 

Alright so you're saying I give the non-renewal now during the 3 day Pay or Vacate period. I will file at the end of the three days for sure. 

I quote from the lease "must include a late charge of ten percent of monthly rent."

If I went to him and asked for $450 instead of $495 he would probably give it. Then would I turn right back around and give 30 days notice of non-renewal? Seems a little sketchy. 

Note, he is on a m2m lease. So I suppose I could give a 30 day notice that I won't renew? However, he hasn't PAID for December yet so I'll be guaranteeing myself missed rent. 

Also, I've already issued the Pay or Evict. Today is day 1/3. 

This tenant is pretty crazy. I'm pretty sure if I wasn't filming he would've hit me. 

I'll keep this short. 

Tenant A is a 30 year old teenager. He paid the below market rent 1-2 weeks early every month  for the last three months until this month(
his year lease is now up) and procrastinated payment until one day late.

He is now on a m2m lease.

He passed out listening to loud music after 9PM last night, so after banging on all the doors and windows I called the cops at 11:30PM. They woke him up and told him to turn it down.

At this point (One day late) I served the Pay or Evict (3 day) notice after the cop left. He proceeded to insult me, use colorful profanity, kick a porch chair, and then offered to pay the under market rent WITHOUT the late fee. I refused to accept the rent without the late fee included. (All of this I have on video)

He slammed his door in my face and went inside and turned the music back up. I proceeded to call the cops again, they sent out two cops and wrote him a ticket.

So we have a violation of rent payment and noise according to the lease.

How would you recommend I proceed from here? I aim to have a conversation with him so see if I can get him out without going to court. I could attempt cash for keys if necessary. He said he would "lawyer up" and go to court over it but he was intoxicated at the time.

All advice is appreciated. Thanks!

Have her listen to the podcasts and hear the success of others.

 This is due to the size of the units. Apt 3 is a much larger unit. These units are sized from 1bd 1 ba to 3 bed 2 bath.

All units rents could be raised $50-$150. (Except Apt 7/3 would be smaller amounts)

Definitely will include vacancy and management into budgeting.