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Updated 4 months ago, 07/12/2024

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29
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13
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Tim Callahan
Pro Member
  • Flipper/Rehabber
  • Dayton, ME
13
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29
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Help me prepare for a potential fight at the end of the lease

Tim Callahan
Pro Member
  • Flipper/Rehabber
  • Dayton, ME
Posted

We have informed a tenant in writing that their lease will not be renewed when it ends on 10/31/24.  We also plan on sending them a 60 day and a 30 day notice to remind them.  This tenant has been a problem, which is why we aren't renewing.  They pay rent, but there are lots of other problems.  We want to be prepared if they try to stay past the lease end date.  What else can we be doing now to prepare in case they try to stay put?  Thank you!

  • Tim Callahan
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    Andrew Freed
    Agent
    Pro Member
    • Investor
    • Worcester, MA
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    Andrew Freed
    Agent
    Pro Member
    • Investor
    • Worcester, MA
    Replied

    @Tim Callahan - I'd recommend hiring an experienced eviction attorney if you expect a fight and have them manage the process so no crucial steps are missed. In tenant friendly states like Maine and MA, a small error in the paperwork could result in the process starting all over again. Have an expert manage the process, pay a small premium, and ensure it does done as quickly and correctly as possible. 

    User Stats

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    Joe S.
    Pro Member
    #1 Real Estate Agent Contributor
    • Investor
    • San Antonio
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    Joe S.
    Pro Member
    #1 Real Estate Agent Contributor
    • Investor
    • San Antonio
    Replied

    ^^^^^^^^^
    this

  • Joe S.
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    User Stats

    159
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    Tim Baldwin
    Legal Services
    • Attorney
    • Pensacola, FL
    98
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    159
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    Tim Baldwin
    Legal Services
    • Attorney
    • Pensacola, FL
    Replied

    As @Andrew Freed said, you need a landlord attorney. If they don't vacate according to the lease term, eviction will need to be filed. I recommend that you hire an attorney for this and not do this by yourself. 

    • Tim Baldwin

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    Theresa Harris
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    #3 Managing Your Property Contributor
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    Theresa Harris
    Pro Member
    #3 Managing Your Property Contributor
    Replied

    What Andrew said. If they don't move out, start the eviction process.  

  • Theresa Harris
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    Nathan Gesner
    Property Manager
    Agent
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    • Real Estate Broker
    • Cody, WY
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    Nathan Gesner
    Property Manager
    Agent
    Pro Member
    • Real Estate Broker
    • Cody, WY
    ModeratorReplied
    Quote from @Tim Callahan:

    1. Don't worry about things that haven't happened. It's one thing to be prepared, it's another to actually worry about it.

    2. Study your eviction laws and be prepared to act immediately. If you're not comfortable with the process, spend some time finding a qualified attorney who can handle it for you.


    • Nathan Gesner
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    The DIY Landlord
    4.7 stars
    150 Reviews

    User Stats

    29
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    13
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    Tim Callahan
    Pro Member
    • Flipper/Rehabber
    • Dayton, ME
    13
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    29
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    Tim Callahan
    Pro Member
    • Flipper/Rehabber
    • Dayton, ME
    Replied

    Thank you guys.  I'm not at eviction stage yet, I have evicted tenants before.  I just want to be prepared for the worst and act immediately if anything happens.  Thank you.

  • Tim Callahan
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    Lynn McGeein
    • Real Estate Agent
    • Virginia Beach, VA
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    Lynn McGeein
    • Real Estate Agent
    • Virginia Beach, VA
    Replied

    For us, there was really no way to prepare other than making sure we were ready in case we needed to evict if they refused to leave, and then planning for but not hiring contractors until we were sure they actually left. It did lead to longer turnover time, but we wanted to renovate more than a standard turnover, anyway.  

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    Melanie P.
    Pro Member
    • Rental Property Investor
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    Melanie P.
    Pro Member
    • Rental Property Investor
    Replied

    If you're going to send later notices include a copy of the original notice and remind them of the notice posted and mailed on ___________ which advised their tenancy would terminate 10/31/2024. You don't want the tenant bringing in a "30 day notice" if your jurisdiction requires 90 days. 


    As long as you're sure the tenant received the notice they do not need reminders. And they will probably leave. But the process will have some headaches. Please keep us updated.

  • Melanie P.