Using a seek judgement threat to make tenant play nice.

[Larry Bowers]

I need some help to pitch this to my uncooperative, inherited tenant. This tenant has a steady job, a single mother, and has a kid in private school. In a nutshell, I want her to leave ASAP, possibly use cash-for-keys. I need help from the BP community about how to let her know that I will pursue a money judgement against her if she follows through with intentional destruction or make other problems. 

The thing is, I don't have her personal information, and if she moves out at some point, I might have trouble tracking her down. If I asked for her personal information, she won't give it to me, so I see this as a problem with getting the judgement. All I have is her name, phone, and email. She has an unusual enough name though, so that's a plus.

What would you do?

[Jay Hinrichs]

Quote from @Nathan Gesner:

Quote from @Larry Bowers:

I need some help to pitch this to my uncooperative, inherited tenant. This tenant has a steady job, a single mother, and has a kid in private school. In a nutshell, I want her to leave ASAP, possibly use cash-for-keys. I need help from the BP community about how to let her know that I will pursue a money judgement against her if she follows through with intentional destruction or make other problems. 

The thing is, I don't have her personal information, and if she moves out at some point, I might have trouble tracking her down. If I asked for her personal information, she won't give it to me, so I see this as a problem with getting the judgement. All I have is her name, phone, and email. She has an unusual enough name though, so that's a plus.

What would you do?

I think you're making this way bigger in your head than it needs to be. No offense, but you sound inexperienced. Hire an attorney experienced in evictions and let them handle the process. It puts the occupant on notice immediately that they are dealing with a professional. It takes the emotion out of it. You have an objective advisor to walk you through the process. If the tenant insists on fighting in court (unlikely) then you'll have someone that knows how to file properly so the occupant isn't permitted to stay on a stupid technicality.

 not sure about your state and or this could be federal law.. but I dont think a foreclosure wipes out a legit lease that is in place UNLESS you intend to owner occupy the property.. I play in the foreclosure business pretty extensivly and that is what I know of the law.. but not a lawyer in that state.. I would double check .  Now the other thing I do know is lease has to be at market rate or close to it..  I have seen instances were we bought a foreclosure and the old owner gave tenant ( usually related) 75% off of market rent for like 5 years. we were success arguing that lease is not valid.