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Post by funeshah » Wed Jul 05, 2017 3:47 pm

I'm sure folks on here have had their stories as a landlord.

I'm in the process of finalizing my decision to remove my tenant from my property... Her lease is up, and now she's month-to-month.

She's consistently paid late for the last XXX months (i.e. I don't even remember) and lately makes it seem like she's doing us a favor by paying her rent late.

Aside from the "get out", are there good ways to get my tenant to leave? (i.e. "we're considering selling the property" or etc.). As this point, we haven't started the formal eviction process yet, but that is the next step, if she doesn't simply vacate.

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Re: Landlording....

Post by travelnut11 » Wed Jul 05, 2017 7:36 pm

I've heard of landlords offering cash for tenants to be out by a certain date without damaging the property.

It costs some money upfront but may save money in legal fees, vacancies, etc. in the long run.
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Re: Landlording....

Post by hand » Wed Jul 05, 2017 9:18 pm

On a month to month lease, there's a middle ground between hoping your tenant leaves and evicting them.
Why not just notify them that you are not renewing as of a specific date?

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Re: Landlording....

Post by rocket354 » Wed Jul 05, 2017 10:32 pm

hand wrote:On a month to month lease, there's a middle ground between hoping your tenant leaves and evicting them.
Why not just notify them that you are not renewing as of a specific date?
That's the typical way, but I'm wondering if perhaps the OP is concerned that once he notifies her, the tenant will either stop paying rent altogether, or overstay her welcome, or trash the place, or all of the above.

I think you might have to just go by the book. Notify her that you won't be renewing, with appropriate notice per the lease. If after that she's late or otherwise does anything against the lease, start the eviction process. She presumably doesn't want that on her record, so that could be the leverage you need to get her out with a minimum of trouble. Cash for keys, as mentioned, is another possibility in the right situation.

In my experience with people who continually push boundaries is that if you don't push back, they start getting entitled and keep getting worse until they run into a wall. You just need to pull the plug ASAP and do what needs to be done to get her out and move on. The longer you wait, the harder it will be.

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Re: Landlording....

Post by TinkerPDX » Wed Jul 05, 2017 11:08 pm

There is probably an organization in your jurisdiction that offers forms updated for current law on notice and eviction that you can buy for a few bucks. Worth making sure you do it right, as the law generally favors tenants.

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Re: Landlording....

Post by Watty » Wed Jul 05, 2017 11:17 pm

funeshah wrote:(i.e. "we're considering selling the property" or etc.).
You might actually want to consider selling the property. Letting the problem with late payments go on this long could be a sign that being a landlord is not right for you and you might not be doing a good job of screening renters.

Paying the rent late is only a blip compared to some of the problems that can come up.

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Re: Landlording....

Post by hand » Thu Jul 06, 2017 8:54 am

Be aware that there is a class of tenant that is adept at getting as much as possible out of you as possible and well versed in exploiting housing laws. "Doing you a favour by paying late" is a red flag in my mind that this may be a problem tenant who may be willing and able to fight lease termination on grounds of improper notice or anything else they can come up with - be sure you follow all applicable rules for notification to the letter. Clearly this situation is already out of control since late rent is an ongoing occurrence - it is likely well worth your while to engage a lawyer to give notice etc. to ensure an eviction, if required, occurs as timely and with as little pain as possible.

Thinking back to my landlord days, there is a formal set of notices typically used when a late payment occurs, and many landlords advocate initiating eviction as soon as a payment is missed. Often, with a problem tenant, late payment is seen as a gift as the eviction process is much more clear cut than for misbehaviour etc.

On a more pleasant note, landlords also refer to the "happy clause" as an easy out - perhaps a simple conversation with the tenant recognizing they may not be happy with the current situation and offering to let them out immediately (waiving last month's rent?) if they are gone with the property in good shape within a week.

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Re: Landlording....

Post by clutchied » Thu Jul 06, 2017 10:25 am

red flag for paying late.

Do you charge her late fees? it's great to be nice and all but it opens you to liability and really it's the shift in the tenants mindset that will cause you the most issues.

I would:

1. charge late fees (make sure you notify)
2. Notify them that you are selling the property and this will serve as their 30/60/90 day move out.
3. Just be human, they are people too and everyone has their own story and problems they are dealing with.

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Re: Landlording....

Post by BW1985 » Thu Jul 06, 2017 10:58 am

I like the idea to notify them that you have decided to sell the property and provide written notice of termination of the month-to-month agreement. What does the lease state for notice required, 30 days, 60 days?

Charging late fees at this point if it wasn't in your original lease isn't worth the trouble. This will likely just tick off the tenant who's going to be leaving soon anyways. I'd take that as a learning lesson.
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Re: Landlording....

Post by Pajamas » Thu Jul 06, 2017 11:07 am

What does the state law say about notice required to end month-to-month leases? What does the original lease say?

Likely you need to give written notice to vacate, usually a month in advance.

Personally I would not immediately offer a payment to vacate, but I would offer to refund the deposit immediately upon your joint inspection of the vacated apartment.

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Re: Landlording....

Post by MrNewEngland » Thu Jul 06, 2017 11:11 am

Have you considered raising the rent? Might be worth doing...

I feel very lucky that I have had a tenant for the past three years that has been great. I never have to chase rent down, and any time she complains it has been a very legitimate reason.

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Re: Landlording....

Post by NYGiantsFan » Thu Jul 06, 2017 11:34 am

Offer to pay 1/2 to one month rent as courtesy and establish move-out date. This is the best way to handle eviction. Cost of eviction including lawyer fee, court fee, unpaid rent can reach several thousand dollars and you may be responsible for cleaning the place after they leave as they have no motivation to clean out the place. Estimate to clean out place would be about 1 to 2 k itself.
If tenant is not willing to take it, provide notice to vacate and start the eviction process at the same time. It will take to file the papers, getting court date etc. You don't want tenant to stay free in your place.
One eviction last year costed me about $5k in total including everything indicated above. Start the process early and don't delay. Also, make sure lawyer is expert in the process. Also, make sure lawyer is not very sensitive (You will be surprised when you go through this).

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Re: Landlording....

Post by FelixTheCat » Thu Jul 06, 2017 11:36 am

Do you want to keep the property as a rental?
  • No ~ Tell the tenant you are selling and have them move out.
    Yes ~ Get a good property manager.
I cannot believe you are tolerating a poor renter. You need to have someone that will enforce rent is due on the 1st.
Felix is a wonderful, wonderful cat.

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