Why would a renter *want* to be evicted rather than give up possesion?

[Paul J.]

I'm a new investor. I have a duplex and I have some inherited tenants on a month to month. I served them 30 days notice for a multitude of reasons, but of course on paper decided to go with a 30 day termination of tenancy as I thought it would be easier since I had an indication that this tenant has gamed the system previously. My attorney advised me that if I try to evict for unpaid rent and they show up with the full ammount in court, I could be foreced to take them back and I really dont want them.

Anyhow, I called a couple days later and offered her a generous credit, a kind of cash-for-keys deal.

She is adamant that she wants the thing to go to eviction court (of course, costing me hundreds and extra time). Based on her responses in my 30 minute convo with her, it almost sounds like she feels she has something to gain from being formally evicted rather than leave within the notice and take my $500 credit to her $870 she will owe by then. She told me in many ways that she thinks it shoudl go to court, even though there is nothing for them to contest on a 30-day notice to terminate a month-to-month...

Ever heard of such a thing? All I can figure is that there must be some assistance she will qualify for once she can show she is being formally evicted rather than leave...? That or she's just that bullheaded??

Thanks in advance for any experience or insight anyone might be able to share... All I can figure is that she either thinks she has some card up her sleve that I am unaware of, or she is doubling down on the idea that she will get free rent thru the eviction and never be able to be collected on after the fact.

[Rob K.]

Paul,

I think I would serve her with a seven day AND 30 day notice. Let her know that even if she pays, the 30 day termination of tenancy will still be enforced. The judge will give her ten days to pay or move on a seven day or ten days to move on a 30 day. Is it possible that this woman is just stupid or mentally challenged? Maybe she has nowhere to go and wants every day she can get.

As far as an LLC in Michigan, it depends on the court whether you need a lawyer or not. In this case, probably a good idea to have one. You don't know what kind of curve ball this woman will try and throw.

Good luck and keep us posted!