Want a tenant gone and need advice. 20/24 months left on a house hack.

[Greg P.]

Hello, would like your advice on clearing a problem I have.

I house hack a home in Texas and have a detached ADU I've rented for years. It's always been fine and worked with many tenants and never had an issue until this current one.

They are at 20 months of a 24 month lease, ending at end of January. Being close to expiration I’m going back and forth on what to do.

This tenant has just been a pain. It’s small stuff that’s compounded: first they had a non-functioning vehicle dropped at the back of the property after they totaled it. I should have put my foot down 12 months ago about removing it but I let it go. They admitted it was after a drunk driving incident, which at the time was a major red flag but I let it slide. Then there are calls about all sorts of minor stuff - and just odd behavior, like calling the gas company at midnight because they thought they smelled rotten eggs….. getting our gas shut off for a day, bringing over questionable house guests, bringing over a small dog and housing it without asking, and just overall kind of being a mess. They still manage to pay rent on time with one exception where we negotiated a late payment.

Bottom line is I’m just tired of dealing with them from the problems, erratic behavior, etc. It would be one thing if I was distant from the property but having them on my property is exhausting.

What’s the best way to deal with this, do I:

1. 1. Gut it out until the end of January with this person and either a) play more hard ball about the vehicle and other stuff b) play it softer and just gut it out with them
2. 2. Do a cash for keys deal and just try to get them out early… I’ve thought about offering that if they leave by the end of November (~60 days notice) that I’d give them November free + $500 in moving expenses and return of security deposit if left in good condition
3. 3. Look at a harder type of removal… not sure what that would look like but I’m sure would require an attorney - but suspect I may have some options given I live on the property and I’m uncomfortable with house guests + other issues

I take ownership for some of this because I let a few items slip trying to be accommodating. From all my landlord schooling I knew in my gut that wasn’t the right thing to do, so here we are.

Any advice appreciated - thanks.

[Dan H.]

Calling gas when they believe they smell gas is a desired event. 

Your lease should have items about inoperable cars and visiting pets.  In the absence of anything in the lease, I am not convinced you have a problem tenant.  My initial recommendation is tighten up your lease.  We charge a pet fee for visiting pets that is at the high end of boarding cost and at move out we charge to have HVAC professionally cleaned and carpets professionally cleaned (many of our units do not have any carpet) to place unit back in animal free state (many people are allergic to pet dander). For vehicles, we require vehicles not garaged to be registered and drivable.  In the event of recent non-drivable we would allow more time to get in operational state than we would allow for other lease violations

In my market option 3 could be very costly.   If you want them out, negotiate an early departure.   However, I would choose to let them stay through their lease end and tighten up the lease for the next tenant.   

Good luck

[Theresa Harris]

I'd simply let them know that you are not going to renew their lease. Make sure you do it in writing and give them the proper notice.  Learn from what happened this time (we are always learning) and add to your lease (ie only registered AND insured vehicles allowed). They are paying rent, so just wait out the 4 months.

[Greg P.]

Thank you, this is fantastic perspective/guidance. This will be a good opportunity to review the lease. Much of this is on me for failing to enforce the lease terms - especially around an inoperable vehicle.

[Derrick E.]

You’ve made it this long, tough it out for 4 more months. Let them know you won’t be renewing and try to end this on as good of terms as possible in hopes they leave your place in decent shape. 

[Kim Meredith Hampton]

you are almost to the finish line!! give the tenant notice that you will have the car towed if they don’t remove by xxx date, and make sure you address problems right away instead of avoiding them. As they say, if you give and inch, they will take a mile. Hopefully you have learned some valuable lessons about being a landlord. 

Make sure to go ahead and give proper notice of non renewal per your lease and state statutes, so you don’t have anymore headaches 

[Nathan Gesner]

Quote from @Greg P.:

There's only four months left. Give them a written notice that you will not renew or extend their lease and they have to be out by the end date. Offer to let them out of their lease early if they find another place to move. When I'm trying to get rid of someone early, I tell them they only have to give me one week notice to vacate. That will encourage him to find another place to live sooner.

[Christopher Pride]

It makes sense to do #1b but I personally would explore #2.  Give them an out now and balance the cost of that against them leaving the place wrecked leaving the non-op vehicle.  Get bids on the removal and cleanup, and compare that to a buyout amount.

[Michael Dumler]

@Greg P., on a somewhat unrelated note, once this is all said and done, have you considered renting the ADU as an STR if your community/County allows it?

[Debbie C.]

You also may want to consider only offering a 12 month lease to your next tenant. What if you were only a few months into a 24 month lease and you were having these same types of issues, and the tenant did not want to move out even if you offered to let them break the lease or do a cash for keys. If everything is working out with a tenant, you can always renew the lease. Just something to think about.

[Carmen Assang]

At least they are still paying rent.  I have a tenant who is not paying rent, reject my phone calls and not responding to texts.  So eviction is the next step which will cost me probably 6 months of rent plus legal fees.  

[Henry T.]

"get the piece o crap car outta my back yard now! and put it on the street where it belongs.""

You're gonna be stuck with it if you don't get on it.

[Greg P.]

Thanks everyone for the great feedback. Honestly just having a place to write this was helpful as it’s frustrating doing this on my own, so nice to have a place to get advice!

Based on the comments I plan to send a formal notice in early October notifying of ending lease January, 2025 and also offering that if they find another home in the meantime I only need two weeks notice - I really liked that suggestion.

I will also require the car removed within three weeks or towed. Has anyone towed a car as a landlord? I’m assuming towing companies have an “at the owners expense” process.

This will at least get the ball rolling and hopefully they can find some place else sooner rather than later.

[Greg P.]

Quote from @Michael Dumler:

@Greg P., on a somewhat unrelated note, once this is all said and done, have you considered renting the ADU as an STR if your community/County allows it?

I don’t think so… honestly I’ve had great luck with  long-term tenants in ADU’s up till this point. This tenant passed all my criteria I just need modify my screening process a bit. My neighbors wouldn’t like a STR and I think my location wouldn’t warrant a strong enough nightly rate. 

[Henry T.]

Quote from @Greg P.:

Thanks everyone for the great feedback. Honestly just having a place to write this was helpful as it’s frustrating doing this on my own, so nice to have a place to get advice!

Based on the comments I plan to send a formal notice in early October notifying of ending lease January, 2025 and also offering that if they find another home in the meantime I only need two weeks notice - I really liked that suggestion.

I will also require the car removed within three weeks or towed. Has anyone towed a car as a landlord? I’m assuming towing companies have an “at the owners expense” process.

This will at least get the ball rolling and hopefully they can find some place else sooner rather than later.

 You don't want to be in a position where you have to tow it. It may not even be legal in your area. If the rules are not spelled out in your lease, he may have the right to keep it right where it is. Try being nice, tell him you need the space for something, and get him to put it on the street. Once its on the street the city will tow it if you complain. If its on your property you're pretty much screwed if you're not the vehicle owner(at least in Seattle). If it rolls into the street at night by itself you would be very lucky.