Bad Tenant
First time eviction for us and would appreciate some feedback and support. Tenant has been a nightmare from day 1
First of all I can't even begin to tell the entire story because it would be 10 pages long. So here is the short version.
He sends complaint letters every time he pays the rent about things that are wrong with the house. The house is in perfect shape and he has not a leg to stand on. He just gone through a divorce. His wife (who's name is on the lease too) has left him (wonder why?) In his last letter he calculated how much we owe him for all the problems we have caused him, missing work, no heat, 1 missing storm window. (which, by the way have all been taken care of immediately)
He also stated in his last letter that he will not pay rent again. Because of his calculations, he doesn't owe us any more money.
Needless to say it is 7 days past due and we haven't received any payment as of yet. We are filling a "Pay or quit" notice to him today.
I guess my question is, what if the check arrives "any day" now or he pays the rent up to date in court? then do we have to keep him as a tenant ? We really just want him out, because he is nothing by a headache and basically "harassing us" please advise.
thanks
This is a good question for an attorney who has thorough knowlege of your local landlord-tenant laws.
Let us know what you find out.
Check your local (state) landlord laws. But if I am correct, even if he pays you the rent. You can give him a thirty day notice to quit. Did he sign a lease? and if so for how long? month to month or longer. If you did a month to month you have more "leverage" to get them out. I Usually only do month to month rental agreements myself, I have 13 rentals and what I have found is I would rather lose 1 months rent than to have them stay because they feel "obligated" to honor the 12 month lease than the "disgruntled renter" trashes the place. If I think I have gotton a VERY GOOD renter, I will have them fill out a month to month for a 60 to 90 day trial period, make sure they understand that they are under a trial period. at the end of this, I will evaluate them ( rent paid on time, clean, quiet, any complaints) if everything checks out okay I will have them sign a longer term agreement. good luck with him...I have had my share over the years, but do make sure you check the state laws...krabj
Thanks for the advice so far. We had him sign a 12 mo. lease and we gave a 5 day grace period for late rent payement. He is now 2 days past that payment and I don't think he has any intention of paying according to this letter. Is there a website were I can check state laws?
GET AN ATTORNEY WHO SPECIALIZES IN LANDLORD TENANT LAWS.
Is that clear enough? Do not be penny wise and pound foolish. This guy is a lawsuit waiting to happen. You need to get him out of your property in the most time efficient way possible.
I buy houses from frustrated landlords. Why are they frustrated, because they try to do their own evictions and never get the bugger out.
Brenda
I agree you have to use a good attorney. Maybe after you have been through several evictions and you understand the process and have examples of forms you could "do-it-yourself." Evictions with a lease for anything other than non-payment of rent are tricky and can really bite you.
Good Luck
more than that get an attny who does evictions all the time. In your county there will be one or two law firms that handle 80% of all the evictions. Use one of them. If you don't know who they are just trot over to the courthouse and ask which rooms evictions are done in. Sit there for a morning and you will know who the bulk eviction attnys.
And when you've finaly gotten rid of him, rethink your tenant selection process to make sure this never happens again.
PS - I also use month to month leases, and never switch over to long term leases. If you select your tenants properly and treat your tenants fairly, there's no reason why they can't live for 20 years in the apartment on a month to month lease.
Good luck.
Thank you for all your advice and suggestions!
Make sure you keep careful records of all communications with this tenant. Write everything down. Keep notes on what you repaired, when you repaired it, and when you were notified. Your attorney may need this information for the eviction depending on how difficult this tenant chooses to be.
Also, no matter how stupid this tenant chooses to be, remember to remain courteus and professional with him. Don't however, delay the eviction process. Get an attorney and start immediately. Good luck.
To date I have not used an attorney. I have one, but he tells me not to waste my money. First off, if you have already given him the 3 or 5 day notice, then he has obviously already broken the lease. I am not an attorney nor is this to be construed as legal advise. That said, just because according to his calculations, he is already paid up, doesn't mean it is so. In Ohio the law is very clear. The tenant is to deposit the full amount of rent with the court in an escrow account. Then after the court hearing, or in your case an eviction hearing, the judge will disburse funds as he/she sees fit. Being it is your first time, i would recommend an atty consult, but, at least here, it is not difficult at all, even though the general public believes that you can't evict a pregnant woman, or other stuff. I have done it, and it ain't that hard.
Good Luck,
Shawn(OH)
Is this guy renting m2m or does he have a lease? I would file a 30 or 60 Days' Notice if he is m2m. And call a lawfirm which only does evictions. Their flat rate tends to be much cheaper and they really know what they are doing. Observe, next time, you might be able to do it yourself. NOLO Press has a good book for CA. - Act NOW, or it's costing you more lost rent...
P.S.: consider yourself lucky that this guy keeps writing so much. ** i'm still reeling from a mob: 4 girls rented apartments and in moved 10-15 squatters, drug users and then I learnt that one unit blew up when somethign went wrong with producing Meth. SCREEN, SCREEN, SCREEN in future. Photocopy their ID run a credit check, verify their last landlords + the income. // when you get your judgement, don't throw it away. I know of someone collecting this year on a 1995 judgement by seizing the IRS refund. So mess up his credit : report the judgement to all 3 credit agencies (this service is offered for about $ 20).