How to deal with stubborn tenants?

Question

I bought a small multifamily property towards the end of December, which is located right outside the Atlanta area, with a tenant already living in one of the units. I am self managing the property as well. I think I have pretty good customer service skills and I say that because I always email or write my tenants a letter with respect and professionalism. Unfortunately, the tenants didnt like the change in ownership and feels as though they dont have to pay rent to a new owner since they didnt sign their current lease with me , the new owner. I would have loved to create a new lease for the tenants but they have stopped all communication with me after expressing that they dont want to pay me a dime. I proceeded to move forward with the eviction process after making it perfectly clear that I wanted to work something out with them(even offering to waive the late fee penalty). We finally had our court date at the end of February so I am down 2 months rent. Per the court order, the tenants must be moved out in the next few days but they havent even started to pack or anything. I fear that they will continue to be stubborn and not budge. To make matter worse, the local sheriff will not be available to come out to the property until a few weeks from now.  I don't want to continue dealing with the tenants for another month. Any advice on what I should do? Thanks

Nathan Gesner · Answer

You're doing the right thing but the legal system in America does not move quickly or flow in the favor of justice. Landlords are considered guilty until we can prove our innocence and then restitution is slow to come, if ever.

Keep on keeping on!

Michael Salamone · Answer

@Jaron Jackson

Have you thought about upgrading your insurance before the eviction to cover tenant damages in case they decide to retaliate and trash the place?

Tristan Gardner · Answer

Unfortunately, you'll just have to keep waiting it out. It sounds as if you've done everything correct, you just have some bad tennats

Chris Herrera · Answer

@Jaron Jackson it really doesn’t sound you can do much here other than stick it out as you have been. You’re in the final stretch here so try your best to be a little more patient

Isaac S. · Answer

Your concerns are well founded. Do not interact with the tenant, wait until the sheriff comes to do the physical eviction and lock them out and be sure to have the new locks ready to be installed at that time.

Let them system do its job, you tried to be reasonable and avoid the eviction, the tenant had no intention of playing nicely.  Don't assume anything based on good sense or logic with this tenant, just do exactly what the legal remedy in your jurisdiction is. Document and be sure to communicate in a such a way that would sound appropriate if read aloud in a court of law at some later date.

Best of luck!

Todd Rasmussen · Answer

Find out who at the law enforcement agency is in charge of scheduling their evictions and do your best to engage them. "I'm new and want to make sure that I have all the documents you need or need to make sure I've done everything I'm supposed to because I can't afford to get back in line" is a good segway into, "please don't make me wait in line with everyone else." If you catch a break, don't share it as causing someone you will have future interactions with to catch some flak for doing you a favor is not advisable. Good luck!

Nate Sanow · Answer

I was thinking in situations like this of starting a new trend with “open concept.” I’d make the roof and the doors and windows “open concept “ by removing them - just like knocking down a wall to open up the kitchen and dining to a living!

I’m kidding OF COURSE…. or am I?

Scott Mac · Answer

Hi Jaron,

Not paying a new owner is probably a cover story for not having the money to pay the rent due to job loss or other issue.

Which is probably why they will sit tight until forced out--no place to go--they want to go to.

Whatever it is--just follow the law and do the best you can day by day with the situation.

Good Luck!

Lien Vuong · Answer

Can you get a constable to come? Second alternative you a sheriff to monitor the situation.

Richard Balsam · Answer

What you need is a Magistrate judge to sign off on the eviction - problem solved. If you didn't file an eviction yet- nobody will help you. If you did file, they had 7 days to answer. if not- you will win by default, If they show up, the judge will, in most cases, give them 7 days to vacate. Most will not vacate anyway. They enjoy getting their stuff tossed onto the driveway, and act surprised when it happens. The judge will sign the Dispossessary order. Take that signed order to either the Sheriff's office...or here's a "pro" tip: Hire an eviction company (yes- Google them). They have the necessary manpower to remove everything within 90 minutes ( the max allowed by most county rules). Some counties ( like Gwinnett) mandate 2 helpers per bedroom, no exceptions -  3 br house requires 6 helpers, etc).Eviction companies hire a Sherriff for the day, and perform as many evictions as they can in one day, per county. Sometimes you have to wait another week, depending on how busy they are. Once they are done, the sheriff watching them signs off on a finished eviction. When this happens, you are like teflon - the tenants cannot sue anyone for a county supervised eviction - even when the neighbors take from the pile of junk on the driveway. Toss their stuff out after 24 hours. Yes- hire a dumpster, or use the eviction company guys ( sometimes they will make you an offer to remove the stuff when the sheriff leaves...ask me how I know this). Remove all, change the locks, maybe install a camera or two just in case, and done. In one case, I've even had to tow the tenants car. He lost everything - only cared about his car ( a Cadillac, of course) - but didn't pay the rent. I usually evict annually - for 17 years now.

How to deal with stubborn tenants?

Most Popular Reply