Tenant Refuses to Leave after 30 day notice to vacate.

[Blake Albertson]

Hey BP, my lady friend has a tenant that has rented for 4 years.  He is now 4 months behind in rent and has been given a 30 day notice to leave. The 30 days has expired, and he is now claiming the house has mold and other issues that have not been addressed. He is saying that he will not leave with out a written order from the judge. The mold claim is that he "said" something about this years ago, but there is nothing in writing. During a recent walk through of the property, there was no mention of the mold. To make things a bit more complicated, his exwife was never removed from the lease. When they were divorcing, he asked to take her off the lease. I was out of town when he asked about this and said I would look into it. Nothing was ever said about it after.  Is she liable for any damages or personal financial liabilities in which he will be responsible? He has moved his daughter and son in law into the house without any notification or consent.  They also have a dog  which was not reported and no pet deposit was received. What is the next step she needs to take? Is there another or next notice that she needs to give him?

[Glen Wiley]

Every person who signs the lease is responsible for paying regardless of whether they live there.

Might be a good opportunity to use cash for keys. In the past I have offered $500 cash for someone to move out - wanted to avoid the work of an eviction for me. If you go this route be very firm on the date they leave.

I am sure you have learned a lesson here - start eviction once they get behind in rent, don't let it drag on. I had to learn this the hard way as well. Consider it paying tuition at the school of landlording and move on. You are probably not going to see that money.