Tenant Refuses to Leave after 30 day notice to vacate.

Tenant Refuses to Leave after 30 day notice to vacate.

Lender · Dallas TX · Member since 2021 · 3 posts · 0 votes

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?

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Investor · Richmond, VA · Member since 2023 · 459 posts · 474 votes
2y

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.

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  • Investor · Richmond, VA · Member since 2023 · 459 posts · 474 votes
    2y

    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.

  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    2y

    @Blake Albertson

    1. This is why you always use a property manager.

    2. Get an attorney to file an eviction.

    7e investments53 Reviews
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    2y

    Let them know you are starting an eviction for everyone on the lease and then start the process.  You could offer them $500 AFTER they move out and hand over the keys and give them 24 hours to respond or just start with the eviction.

  • Michael SmytheBusiness Member
    Real Estate Agent · Metro Detroit · Member since 2023 · 4k+ posts · 3k+ votes
    2y

    @Blake Albertson start the eviction process.

    Recommend you hire an attorney as you appear clueless how to manage a rental property.

    Hire a PMC when it's vacant again and learn from them how to properly manage a rental.

    Logical Property Management4.9446 Reviews
  • Lender · Dallas TX · Member since 2021 · 3 posts · 0 votes
    2y

    @Glen Wiley Yes. Lesson learned. And will defintiely look into the Cash for Keys avenue. Thank you. 

    @Chris Seveney If you know or have a recommendation for a property management company in the Dallas Tx area that would be amazing. And she has alreaady reached out to an attorney for advice on the matter. 

    @Theresa Harris I think the 24 hour cut off is a grat idea adding urgency to the process. 

    @Michael Smythe Real insightful. Thanks.

  • Mackaylee BeachPro Member
    Real Estate Agent · Kansas City, MO · Member since 2020 · 1k+ posts · 492 votes
    2y

    Sorry to hear you are experiencing this.

    Everyone listed on the lease remains responsible for rent/property damages. I would issue lease violation for the violations you have stated and keep them on file for your records. As previously mentioned, Cash for Keys may be an option. I would offer it to him with a specific timeframe to respond. If there is no response, begin the eviction process immediately!

    Best of luck to you!


  • Member since 2022 · 1k+ posts · 1k+ votes
    2y

    I just wanted to emphasize, make sure she reaches out to an experienced "eviction attorney".

  • Real Estate Agent · Puyallup, WA · Member since 2022 · 551 posts · 378 votes
    2y

    I hate to say this but... This probably isn't the last time you will be dealing with a stubborn tenant. Take the good with the bad on this one. Use it as a stepping stone and learning experience so if and or when this happens again, you know exactly how to handle the situation.

  • Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
    2y

    Why was 30 days given instead of the usual 3 day notice to quit? And why asked to leave after 3 months of non-payment?

    Sounds like this person doesn't give a crap about the landlord. Just file the eviction against the tenant, ex-wife, kids, and unknowns at that address and be done with it. 

    Ignore all the talk about mold. Let him prove all that to a judge along with proof of notifying you.

  • Property Manager · Dallas, TX · Member since 2014 · 75 posts · 14 votes
    2y

    Hi @Blake Albertson,
    Sorry that this is happening. I know it causes quite the financial strain. She will need to immediately send the 3 day Notice to Vacate for nonpayment of rent. I imagine the 30 day was due to the ordinance that was in effect previously but those days are now behind us. Please ensure that the 3 day includes all parties on the original lease as well as "ALL UNKNOWN OCCUPANTS". I also agree with several others comments to send violation notices in writing (this can be informal means or on the 3 day itself) If you list on the 3 day, it still needs to be clear that the notice to vacate is still for nonpayment of rent. IMO, this is just to bolster your case only. The mold claim is a non-issue. She was not given an opportunity to remedy. Good luck to you!

  • Real Estate Broker · Coppell, TX · Member since 2011 · 5k+ posts · 4k+ votes
    2y

    @Blake Albertson

    You are ready to file for eviction.  You can DIY, but based on all the things you have said, I think it is time you hire an attorney.  Your tenant has already said he is going to fight.

    #1.  Unless your lease says something different, in Texas we can normally give 3 day notice.

    #2.  Don't let them get so far behind....they never catch up. Review your lease and do it as soon as they are late.  Also have that conversation with the next tenant when you sign.  I just tell them up front if they're late, they're getting a notice.  It starts the process, you can always end that process.

    #3.  If mold is an issue, they should move out.  Hate for them to stay in an environment they are not happy with or any other issues?

    #4.  Chances are ex is also responsible, but chances are you are never getting back rent money.  You might get a judgement, but very tough to collect the judgement.  What you want now is for them to move out.

    #5.  If they moved other people in, they are in violation of the lease probably, but you need to take action on that, but at this point you probably can just get them out for non-payment of rent.  All the other stuff doesn't matter.

    #6.  Very few tenants are going to ask/tell you they got a dog and volunteer to pay pet deposit and rent.  You need to do periodic walkthrus to catch this and all the repairs you need to do.  Virtually no tenant knows what paperwork to fill out and sends you a check for $250 or whatever for the rent deposit.

    #7 Not sure what notice you gave them before, but NOTICE TO VACATE is probably what you want.

    Just get a copy of your lease, if you have any proof they didn't pay get that together and hire a great eviction attorney in DFW.  There are plenty.  Let them send the new notice and file the paperwork and represent you.

    One thing that might send the message too is put a for rent sign in the yard, put a lockbox on the house, and do some walkthrus with contractors to get estimates on the repairs you are going to need to do.  That sends a message they are leaving and you're going to rent to someone else.  Check with your attorney about that....you don't want that to appear as self help. 

  • Member since 2023 · 44 posts · 23 votes
    2y

    Three things here:
    1. file for eviction
    2. the walk thru should've been documented 
    3. the pet
    You have a lot of things that's on your side for eviction though that process takes a long time. Non payment for rent, unofficial tenants, and pets all goes against your lease which would be reasons for eviction. I've never heard of a "cash for keys" option as they stated above but it does sounds like the best alternative than waiting for a court date.

  • Lender · Dallas TX · Member since 2021 · 3 posts · 0 votes
    2y

    @Bruce Lynn

    That is some really great advise about the rent sign and the contractors. Thank you!  It would defintiely get the point across. 

  • Ned J.Pro Member
    Investor · Manteca, CA · Member since 2017 · 1k+ posts · 2k+ votes
    2y

    Hire an eviction attorney, take the cost hit and get it done properly. Learn from the mistakes and move on. You are beyond the DIY at this point.

  • Real Estate Broker · Coppell, TX · Member since 2011 · 5k+ posts · 4k+ votes
    2y

    How is the eviction going.  Got them out yet?

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