How to handle a tenant who doesn’t want to sign eviction contract

Question

Hey Bigger Pockets Family as you guys know I recently purchased a multifamily and I am now going through a situation where It was recently brought to my attention the tenant has been subleasing the other side that I rented to them . In results to this they have officially broking the lease we had in agreement I have brought this to there attention through a face to face meeting where they said they will be leaving next month on the First but won’t sign it in paper they will be leaving how do I go about them not wanting to sign the contract that they will be leaving on the date they told me verbally ????

Greg Scott · Answer

They completely ignored the first contract they signed with you, your lease, so why do you want them to sign something else?

Just start the eviction process for a lease violation.  That is the surest and most timely way to get them out and get your property back.

Dan Weber · Answer

@Jerryian Francois firstly, read up on the eviction laws in your state. Most states have an eviction process that starts with delivering the first eviction notice by mail, postmarked. This way, there is legal evidence that you have begun the eviction process. Also, I would try to educate the tenants of the repercussions of eviction. It is extremely difficult to find a rental if you've been evicted because this will appear to any future landlords when they run a background check. If all else fails, you could try the "cash for keys" method where you offer them some money and help finding new housing to get them out. Like I said, start by educating yourself on the eviction rules in your state. In Florida, you could start here: https://www.nolo.com/legal-enc...

Scott M. · Answer

Isn't FL law that the landlord has to yell "Eviction" 3x from the porch and it is legal?  You are in about the friendly state in the county to landlords, take advantage of it.  Serve notice, follow the law and this will be over before I finish typing this sentence.

Joe Splitrock · Answer

I would avoid cash for keys, unless you live in a coastal state where evictions are hard/impossible. In Iowa or Utah, I would have no concern filing eviction. Once tenants see it is going to court, they usually leave quickly. Evictions are fairly easy and the majority of the time, the tenant doesn't even show up in court. In this situation, you are dealing with a tenant and an unauthorized tenant. Who do you give the cash to? An eviction can be done for "known and unknown occupants". Evictions allow you to remove anyone in the property and forcibly if necessary. Cash for keys can result in people stalling or delaying. I have even heard of people taking the cash, leaving and then moving back in the next day. Then you are stuck evicting anyways.

Brad Jacobson · Answer

Hi Jerrycan,

This is where things can get more complicated.  I would be sure to speak with a real estate attorney to make sure you have the terms of the lease dialed in and you're acting in accordance with the document.  Then with the attorney's green light, you can proceed with an eviction through the district court.

Good luck!

Joe Splitrock · Answer

@Jerryian Francois they are already violating a signed contract, so why are you having them sign another contract? The ONLY way to regain legal rights to your property is the eviction process that involves courts. There is nothing such as an "eviction contract". You need to get an attorney who serves notice to vacate to the current occupant. The notice should name our tenant and "unknown occupants". You always add unknown occupants (that exact term) to cover anyone occupying the property. You then file in court and get a court date. If the occupants leave before the court date, you can still go to court and have the eviction made official.

The reason your tenant won't sign the paperwork is they feel in a position of power, most likely due to how you are handling the situation. Tenants will say "I will be out by X date" and they will string you along for weeks or months. Some will actually leave as promised, but since you are dealing with a dishonest person (broke the lease), you can't trust them.

You must involve the legal system. That will likely scare the crap out of them and get them out very fast. The majority of tenants will leave quickly, once they realize you are taking them to eviction court. Once an eviction is on their record, it will make it hard to rent in the future.

Jerryian Francois · Answer

Thank you guys so much for the awesome advice this is my First rental property so I just wanted some experience advice and I definitely got it I am so grateful for bigger pockets platform and I will start to Begin the Eviction process thank you guys again well needed information

John Leake · Answer

I agree with the above statements. If they are in breach of their lease start the eviction process. The best case is that they leave when they say they will and the worst case would be you have to complete the eviction. Regardless of how it would work out you'll have your property back to get re-rented with someone who you choose.

Colleen F. · Answer

@Jerryian Francois  document you delivered a written lease violation (they don't have to sign this) and start the eviction process.  If they leave, no problem, if not you are already a step ahead because you have started the process.

How to handle a tenant who doesn’t want to sign eviction contract

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