Advice needed: Problematic tenant moving out!?

Question

Hi Everyone, the last one month has been the most stressful in my life as I have to deal with a problematic tenant. These people were not on time when it comes to paying rent and have several thousand dollars due including last month's rent.
Fortunately for me their lease was ending soon and I have already notified them through a letter sent through USPS and later through FedEx. They were not happy with it and would never respond to my texts and voice calls.
I was told through a text message they would not pay the dues and said it is going to go to their new place and that they are going to move out on a day that is 3 days from now . I was happy at least they are going and wrote off their dues. The lease is ending in a couple of days and when we texted them about the time of their move out, a blunt reply "End of the day" came through. When asked if we can stop by between 6 and 6:30 p.m. the answer was they would not done with moving by then. So we relaxed a bit and asked if we can come over by 10 p.m. and the answer was, "IDK when we will be done". Just imagine the frustration we would have gone through. We were still trying to be calm and composed as we did not want to ruffle the feathers. To end the conversation we asked a question about where the tenant would leave the key when they are done. There was no response and we followed up again this morning and asked if they found a secure place to leave the key or else we offered to send them a lock box. However, until I write this there has been no response. I am thinking of stopping by the property on that day the tenant promised to move and see for myself if the move is happening. If I do not see them moving is it appropriate for me to knock at the door? In the event the tenant starts moving my plan is to just wait on the curbside and when done would like to go up to them and ask for the key. I thought about another situation wherein the tenant moves out much earlier than they promised and take the key along with them. Would it be appropriate for me to rekey or is it illegal? I request this forum to advise how to proceed.

As initially mentioned I am too much stressed out and already lost a few pounds weight.

Thanks

Nathan Gesner · Answer

First, it's important to take some breaths and relax. What happens if the tenant takes an extra three days to move out? Does anyone die? Will Aunt Betsy lose her house and be forced to sell her body on the streets for the next fix? I know it's not easy, but the problem isn't going to go away just because you've worried about it a lot. Relax. It will be over soon.

Don't bother going to the house while they are moving. You are obviously ticking them off and will only make it worse. You can drive by to see if they are moving, but don't knock on the door, call, or text. I would send them on message that says, "Please secure the home and leave the keys on the kitchen counter. I will be there the following morning to pick up the keys and complete the move-out inspection." Instead of asking questions and engaging in a long back-and-forth, provide clear instructions and you'll maintain control.

Your focus should be on what you will do after the tenant leaves. You don't want to repeat this situation. Sit down with a pen and paper and reflect on the beginning of this tenancy. List all the mistakes you made, from screening to accepting late rents. After this tenant leaves, you must clean/repair, market, screen applicants, select an applicant, collect the deposit and rent, get them moved in, etc. How will you do this and ensure you don't accidentally bring in another bad renter?

Look at your list of mistakes and the steps you'll need to take for the next renter. Educate yourself on how to better handle each one of those issues, starting with the most immediate problems first. For example, your move-out inspection and security deposit disposition is probably the most immediate need, so start with that.

Here's a detailed guide on how to screen applicants: Application Screening Guide

Jonathan Greene · Answer

Listen to @Nathan Gesner and also listen to the part where he says this is probably not for you. Everyone is not cut out to be a landlord and you are one of them. What is going to happen is that you are going to annoy your next tenant so much they will move out because you will be scared. You will nitpick all new tenants and never choose one. Sell the house and invest in stocks.

Marcus Auerbach · Answer

We have had our share of nightmare tenants, but my wife and I handle it differently, especially when she was new to it (I've been in it for 15 years). To me it feels more like a game of chess, to my wife it was a lot more emotional, we had a couple tenants that really got under her skin, at least in the beginning. She has grown into it.

I am telling you this because while it looks like at the moment Nathan is right, landlording is not for you (at least right now), but you can grow into it, if you wanted to. Knowledge is always key when you want to replace emotions with facts. So learning landlord-tenant law of your state and what rights and responsibilities you have is really key.

Knowing what to do and how to correctly escalate a situation gives you more certainty of the outcome and that makes it a lot easier to deal with - as they say, don't take it personal, it's just business.

Jill F. · Answer

@Ananth Subramanian

The thing to remember is this: you can't control what other people do, only what you do. How you respond to people who don't do what they are supposed to do, is your problem. So:

When tenant is not doing what they agreed to do or what they should be doing or what you would like him to do, instead of allowing yourself to respond by getting stressed out, spend the time planning your actions. When a tenant does not pay rent, I already know what I am going to do. I let the tenants what I am going to do and what they do is up to them. If a problem tenant has told me they are moving and then they don't pay rent, I tell them in writing when I'll be by to post their 3-day notice, what if anything they can still do to avoid my late fee and then I don't worry or stress anymore. If a tenant does not respond to my three day notice. I email or text them once again to let them know in writing when I will be filing a forcible entry and detainer (eviction) action and let them know that time is short but they can still avoid the consequences of a damaging eviction filing. If they don't respond, I swing by the apartment on the way the courthouse or before I pay the lawyer and make sure they haven't already moved. If they are still there, I evict them. Many times, I've found that tenants will decide that they would rather not have a formal eviction on their record and pay me the rent. Not always but usually.

Have you ever dealt with someone drunk who says they are driving home?  I say 'If you get in that car and drive off I'll call the police' They'll try all kinds of BS but I hold the line and say I can't control what you do, but I'm telling you what I AM going to do. What you do is up to you. This is the same kind of thing. Just have a plan for what you are goint to do when this happens and execute it.

PS. I only manage my own properties.

Ananth Subramanian · Answer

For some reason the update I added to the previous post did not appear in the thread. I could not edit the previous post. My bad. Instead of Murphy's law, I had written Murthy's law. The idea of my thread is to share my experience and check if I can get advice and emotional support from like minded individuals but unfortunately the post was not properly understood and only people who are either PMCs or associated with one have answered. I do understand the advantage of having a PMC to run the property but we need to focus on what I have and need to do on the current scenario and not future. BTW I regret having posted the initial question.

Ananth Subramanian · Answer

Thanks for everyone who responded. Okay coming back to my subject of the post, “Murthy’s law prevailed”. I am closing this thread now and will start a new thread later.

Drew Sygit · Answer

@Ananth Subramanian agree with the other posters that you are in over your head!

Either sell or hire a PMC - but, do NOT micro manage them!

One other thing you could do at this point is to start the eviction process for nonpayment of rent - just in case they stay more than a few extra days.

Adam Bartomeo · Answer

Yeah... honestly, you sound like you are way over the top and as my kids would say, "you are extra". Why not wait 24 hrs after they said they would move out? Why are you trying to nail down an exact time? All of the pressure that you are putting on them will make them resentful and leave the property in a poor manner.

Advice needed: Problematic tenant moving out!?

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