I need to evict a tenant who has broken the lease agreement on several issues. (guest staying waaay too long, broken bottles etc...in the yard, smoking inside property) I have a plan but need advice like, yep that sounds great or NO that is stupid and any suggestions.

I was thinking of giving him the option of leaving on his own accord in one week and I won't take him to court to evict him. While waiting I plan on getting ready to evict. This is my first eviction so I think I will get a lawyer to do it so I can watch and not mess the whole thing up.

One question I have is if he agrees and leaves can I still hold him liable for the rent until the property is rented again if I tell him reletting terms are still intact? I had him pay first/last months rent and a security deposit when he moved in.

Another question: Is there a way to put into the lease if you are an idiot and get into fights inside and break things constantly, you are outa here...professionally of course.

This is quite frustrating. When he moved in he had a great established job, his current landlord lied and said he was a good tenant (the eviction didn't show up online till it was too late) and his record was clean except for a speeding ticket. He has gone off his rocker, lost his job and just got arrested for drugs.

I doubt if he leave by his own. I would offer him to prorate the month that he leaves. example if he leaves on the 15 of the month and you hold one month sec. deposit and one last month rent. I would offer him 1 and 1/2 months back.

Quit messing around. Being nice is translated as being weak. Tenants could not care less about you.

Follow your lease.

File pay or quit immediately. Follow through.

You can't really order him to leave and then keep charging him for rent after he is gone. You won't let him live there so he doesn't have to pay to not live there.

Serve the cure or quit notice and after he receives that, you can let him know that he can leave without penalty if he packs up and leaves.

It might help to get him gone if you offer to prorate the rent after he is out, which is going to mean returning money to him since he has prepaid his last month.

The only way you can still hold him liable if he leaves is if you have a right to possession without termination clause but

even with that clause they have to agree to leave which they rarely do.

This just happened so I am working quickly. I would rather not have to mess with an eviction and 30 more days (I think that is how long they have to get out, correct?) I am not trying to be nice or worrying about anything. I want him out quick but to do it correctly.

I figured I couldn't charge him rent till I rerent it because I was telling him to get out. Doesn't hurt to ask though right? lol Just ticks me off since the reason is because he broke the lease. grrr...

So I think I will remind him that if he leaves within the week, his rent will be prorated. sigh.. Then I will find a lawyer and get all my paperwork together, 'cause he might not leave anyway. He does need money for his drug conviction fines. Who knows.

Thank you everyone for the good advice as usual.

Oh...any suggestions about this part...

'Another question: Is there a way to put into the lease if you are an idiot and get into fights inside and break things constantly, you are outa here...professionally of course.'

It sounds like he IS caught up on rent but is violating the other terms of the lease?

That kind of eviction is harder. You need to send a letter with photos of the violations if possible, the page of the lease with the violation highlighted, and a description of what they need to fix the violation (pick up the bottles, pay for the drywall repair, etc).

If he is breaking things constantly, fix them and bill him. When he doesn't pay, then you take it out of his rent (your lease says all monies paid go first to damage, late fees, etc--right?). When he gets behind on his rent as a result, THEN file the eviction. I think if you tried to evict someone based on the fact that they smoked in a non-smoking property, it might be an uphill battle.

Robin,

Yes he was late but he did pay the rent. He broke a sliding glass door then lied and said there was plastic on it to keep the heat inside. We immediately scheduled a maintenance walk through and the unauthorized guest let my husband in. They had a great conversation about why the guests hand was bandaged. Something about being drunk and a beer bottle. He had replaced the door with a different door that does not fit. My husband also found an ashtray with cigarette butts in the guest bedroom, spray paint on baseboards and big black stains on the carpet. We have picked up broken glass beer bottles, cigarette butts etc.. in the yard. And he said his motorcycle popped a clutch and broke a wooden door that goes into the garage. They are destroying my property and it is all in the lease that these things are grounds for termination. I guess leases don't mean much until a judge agrees with it.

He was great for about 3 months then not so great the last month.

NO! I don't have that in my lease. Agh. It will say that now though. (all monies paid go first to damage...)

thanks!!!

Lol I bet that helped.

Jenn,

No worries on the lease clause for now, but yes, ADD IT for the future. For today, apply your "standard business policy" and put any money received towards the damage bills first, then evict for damages and overstayed guests.

When you go in front of the judge, also ask for unpaid rent only. Let the judge throw it out if the judge chooses. You act boldly and let the chips fall where they may. Worst case scenario is the judge says, "No" to the unpaid rent, and you can still proceed with eviction for damages and violation of your guest clause.

Best wishes!

You can't fix stupid....but you can provide an economic incentive so they can be an idiot elsewhere.

You can't fix stupid....but you can provide an economic incentive so they can be an idiot elsewhere.

You can't fix stupid....but you can provide an economic incentive so they can be an idiot elsewhere.

Before you include any clause in your lease you need to ensure it is allowable in your jurisdiction. None of the responses to your post are from OK. So while it may well be allowed in their area it may not be in allowed in yours.

Ray-N-pa, haha yep