tenant won't leave
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tenant won't leave (by Triplexer [IL]) Feb 20, 2019 7:29 AM
       tenant won't leave (by Tony [NJ]) Feb 20, 2019 7:44 AM
       tenant won't leave (by S i d [MO]) Feb 20, 2019 7:58 AM
       tenant won't leave (by David [MI]) Feb 20, 2019 7:59 AM
       tenant won't leave (by Busy [WI]) Feb 20, 2019 9:54 AM
       tenant won't leave (by Vee [OH]) Feb 20, 2019 10:18 AM
       tenant won't leave (by Britt [NC]) Feb 20, 2019 11:44 AM
       tenant won't leave (by Blue [IL]) Feb 20, 2019 12:30 PM
       tenant won't leave (by myob [GA]) Feb 20, 2019 2:04 PM
       tenant won't leave (by GKARL [PA]) Feb 20, 2019 4:17 PM
       tenant won't leave (by Robert,OntarioCanada [ON]) Feb 20, 2019 4:18 PM


tenant won't leave (by Triplexer [IL]) Posted on: Feb 20, 2019 7:29 AM
Message:

Just wondering what landlords are doing in the case where a Pay or Quit has been posted/sent (usually 5 days) which expired, and the tenant has neither left, nor paid rent.

In this case the renter says they plan to move out, but also that they plan to make rent at the end the of the week. They've rented a year, late often but paid late fees. But suddenly no more payments and after much back and forth we're at end of 3rd week.

How long do you wait?

First time I've been down this road, wanted to see what others have done/experienced.

--75.35.xxx.xxx




tenant won't leave (by Tony [NJ]) Posted on: Feb 20, 2019 7:44 AM
Message:

Many of us have been down that road. Usually ends in eviction but not always. It's state specific as to when you can start eviction action.

Anyway, my pre-eviction tactic works sometimes - so here goes:

Me: You say you intend to pay by the end of the week?

Tenant: Yes

Me: Give me a check today, dated today, for your rent and late fee and I'll deposit it this Saturday (or agreed upon date)

Tenant: I would but I ran out of checks.

Me: Go to the bank today and get a starter check from your account. Banks usually don't charge for this.

Tenant: I don't want to - I'm afraid you'll cash it sooner.

Me: You want me to trust you?

Tenant: Yes

Me: then you have to trust me.

Tenant: I can't because - blah blah blah.

Anything other than a check today, dated today, I take this as tenant is lying and I start evivction immediately.

Bad tenants are the best teachers. Take notes - you are in for a teachable moment.

Good luck --73.215.xxx.xx




tenant won't leave (by S i d [MO]) Posted on: Feb 20, 2019 7:58 AM
Message:

"I plan to do this..." = I am stalling for time and seeing how long you will believe me and let me live rent free.

Don't be fooled by this old trick. They KNOW what they're going to do, but they're going to see how long you let them get away with not paying.

When tenants won't leave, you evict them. Eviction is the legal process for recovering possession of your property when the tenant refuses to do what they promised to do in the lease. File in court, or if you've never done this before (and I'm 99% sure you have't) hire a local experienced LL/Tenant attorney to evict them on your behalf so it gets done correctly. Go to court with your attorney, watch and learn, then you can DIY next time with confidence.

Back in the day, people used to do crazy stuff like shut off the water, remove the front door to the home, or hire thugs to come physically throw the person out the front. These "self help" eviction techniques are illegal today, so don't try any of them.

The other alternative is bribe them to move. "$300 cash if you're out by Friday and hand over keys; otherwise, we go to court and you get nothing but an eviction on your record that stays there FOREVER!" Sometimes cheaper than going thru the court process. --173.20.xxx.xxx




tenant won't leave (by David [MI]) Posted on: Feb 20, 2019 7:59 AM
Message:

Prior to filing eviction, one thing I will tell them is that an eviction filing (even if it doesn't get to a court hearing) will be a matter of public record. This gets the attention of tenants who really are trying.

I would certainly line up an attorney and get my lease paperwork in order. --199.247.xx.xx




tenant won't leave (by Busy [WI]) Posted on: Feb 20, 2019 9:54 AM
Message:

I agree, they are stalling, hoping you’ll offer cash for keys, or, you’ll just let them slide. I would think they have used up all of their favors with family and friends, so can do nothing but wait for YOUR next move.

Sounds like it’s time to call an eviction attorney. I’m of the mindset that evictions can probably be handled by a knowledgeable landlord, but, for someone who hasn’t been that far down the process, such as myself, I would use an eviction attorney the first time or first few times. But, I would be watching and learning. --172.58.xxx.xxx




tenant won't leave (by Vee [OH]) Posted on: Feb 20, 2019 10:18 AM
Message:

Print out and understand you local and state tenant rules, since you are unsure it would be best to use a Atty skilled with evictions, no other Atty will understand that the process needs to be completed quickly, 1 hearing to recover the unit, next is money recovery for damages seen after the furniture, good and all packages are removed, you will get keys from tenant and replace the locks so they can not return and cause trouble, the rent is billed until the unit has been returned to the manager/owner. Them you get more training on getting a better tenant.

--76.188.xxx.x




tenant won't leave (by Britt [NC]) Posted on: Feb 20, 2019 11:44 AM
Message:

File for eviction as soon as you can and tell them you will not drop the eviction until they are totally out, place left in good condition and keys handed to you. If they don't do it before the court date they will end up with an eviction on their record. I personally wont pay someone to leave. I'm not their mother. --172.74.xx.xxx




tenant won't leave (by Blue [IL]) Posted on: Feb 20, 2019 12:30 PM
Message:

They are playing chicken. He who flinches first wins.

File and serve them. Do not accept anything but full payment.

Here is your response to anything they say: "I'm sorry this is happening to you, but the rent is still due." Practice in the mirror, Repeat as many times as necessary. --66.128.xx.xxx




tenant won't leave (by myob [GA]) Posted on: Feb 20, 2019 2:04 PM
Message:

You are the LL for gosh sakes. As with most newbies here-- rather than look into things before they happen you wait until you have a real need. You gave them 5 days (hope that's the law there) and not less. The minute there is a no pay-- start thinking court filing.

This stuff of waiting and waiting-- these are rentals with people who rent and don't like paying their bills. So you either do what you said -- pay- or vacate by 5PM or at 8AM the very first day I'm filing for eviction. Then do WHAT YOU SAID YOU WERE GOING TO DO-- IT'S THAT SIMPLE. Make it your policy and not a case by case. Say and do the same for everyone.

You and most newbies out there-- stop waiting to learn on the fly. If you read these people here at this site you'll be prepared-- because as a LL--- if you can think it-- it will happen to you. --99.103.xxx.xxx




tenant won't leave (by GKARL [PA]) Posted on: Feb 20, 2019 4:17 PM
Message:

As others have said, file for eviction. I would cut off all conversation unless it's about paying the rent in one full payment including late fees and costs. --172.56.xx.x




tenant won't leave (by Robert,OntarioCanada [ON]) Posted on: Feb 20, 2019 4:18 PM
Message:

Start off by going into Google then contact a landlords association where the paperwork is going to filed with a local court for a hearing along with carefully record all the arrears as make sure there are no mistakes on the paperwork. Once a hearing date is set up then will have show up in court where the tenant will have one last chance to pay off up the arrears or will get a writ of possession where once time has expired then will be able to go down to sheriffs office where the sheriff will hand or put on the door that on specific day the locks are going to changed so be prepared to drill out the lock if the tenant has changed the lock. In future it is lot easier through careful screening to screen out problem tenants by running thorough credit checks on all adult applicants. There are two types of rental housing providers one a person who takes peoples word and another a professional who runs thorough credit checks on all adult applicants. Some problem tenants getting evicted is a way of life that is a never ending story. A lot of rental housing providers are reluctant to join a landlords association but once they are a member they learn a lot instead of school of hard knocks. --147.194.xxx.xx





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