Cash for keys

[Kevin Andrews]

Hi folks. Got a question about a tenant who I would like to have move out of my 3 unit building. 

A little background first, this tenant started a bedbug breakout in the house (I know I can not evict for this reason, as it is considered retaliatory). Also, there are some items left outside in yard that she has been asked to pick up (matress, car parts, tires), and has yet to do so. She has always paid rent on time or within a few days late, so no issues with that. But she has had a dog in the apartment and also has housed others (her grown children, and a boyfriend). Both of these issues have since been remedied (or so I think). Anyways a couple of days ago the cops were called because the boyfriend was over the house and caused a scene, threatening my tenant and waking up the other two units at 1AM. 

Long story short, anytime I get a call from anyone in the triplex, it is about the 2nd floor. Other apartments, no issues whatsoever. So I would like these people to move out. 

Some ideas I was considering:

1. Saying that I have a family member (brother, his girlfriend, and his son) that needs a place to live and giving them 30 days to move out, (they are on a month to month agreement).

2. Giving them cash for keys - Give them their security deposit plus 200 bucks or so, if they leave within 2 weeks. I've read a few posts about this and am in the process of writing up some sort of agreement, but know not to give them the cash until they are outside and the apartment is in the condition specified in the agreement (clean, everything out, etc..).

3. Filing for an eviction for reason other than non-payment of rent because of the dog and the extra tenants. However, not sure if I can do this since the issues have been remedied already.

4. Doing a combination of the family member, giving her the 30 days required, but offering her cash if she can be out sooner. So saying, "Hey my brother needs a place to stay, I am giving you the required 30 day notice, but if you can be out within 2 weeks I'll give you 200 bucks (or 100??), plus your security deposit, less any damage." I figure this way so that they don't accept just the cash for keys and then not leave when agreed upon. 

So, what does everyone think?? Feedback please.

Thank you so much for reading and for the help. Appreciate it. 

[Account Closed]

My experience is that it's easiest to just give them 30 days notice (or whatever is required - in CA it's 60 days if they've been there a year or longer).  

When I've had to do this (we also used month-to-month agreements), I've spoken to them and told them in person that I have to kick them out because of the on-going problems, but I want to make it an easy move-out for them.  Tell them they have 30 days to move (or 60, etc.) but they can move even sooner if they find another place sooner.  And that you will give them their full deposit on the day they move out in cash, if they leave the place clean and remove all their stuff.

You could start there.  That's been all I've ever had to offer.  You can offer to put that in writing.

If you feel it's necessary, if they say they don't have money to move (after you've already offered the above), then say, Okay, I can give you $200 (or whatever) now to help you move, and the rest on move-out day.

Another possibility came to mind - where you offer them $500 additional if they move out in, say, 3 days (to be paid along with their deposit but only on the day they leave).  Each day after that, the amount goes down by $50?

Whatever you agree to, put it in writing.

They usually ask if it will be an eviction that will show up on their credit report, so you might want to also explain that this will not show up on their credit report, and will not be considered an eviction as long as they move out as agreed.  And that you will just tell any potential landlords that the agreement was terminated mutually and just give the dates they lived there and that they paid as agreed.

This type of agreement has worked well for me, and they normally got their deposits back.  We did have to recarpet one place and the owner just chose to eat that cost (only around $500 - he used cheap carpet), because of cigarette burns on the carpet.  It was still easier and cheaper than an eviction.