Eviction before tenant is in default?

Question

I have given a tenant 30 days notice on their month-to-month lease. The tenant has told me they 100% refuse to leave within 30 days.

Can I start the eviction process now even though they are not in default of the 30 days yet?

Thanks,

Chris

Account Closed · Answer

There is a time-line for evictions.  They vary per state.

In Michigan, if rent is not received in my office on or before the 1st of the month (the date on our lease agreement as to when rent is due) then on the 2nd of the month, I send my tenants a Notice to Quit.  They have 7 days in Michigan plus two full days to allow for mailing, (and I can't can't count the first day as one day) for them to respond to this notice and send me their money, (so they actually have 11 days to pay this rent).

If rent is still not received in my office on or before the 11th, then on the 12th day I can file that Notice to Quit in a court of law, and it is at that time that the courts will setup a court date for us (usually within 10 days, making it around the 22nd of the month).  This is called a legal eviction.

When it comes to a termination of tenancy, (not renewing someone lease), Michigan has a 30 day Notice of Termination form that we send our Tenants.  It must be sent to the tenant( allowing a full 30 days notice plus 2 days for mailing and you can't count the first day as day one.)  If the tenant doesn't leave the day after the 30 days is over, then  the next day we can take that Termination of Tenancy Notice, and the courts will setup a court date,.  (usually 10 days from the date you file)

Just because a tenant says they will not move in 30 days, does not mean you can sue them.  Well, ya, you can sue them or try to sue them, but unless they break the law, the contract, you don't have a case, so you will be turn down the moment you try to file the paperwork.  Bad Intentions DO NOT BREAK A CONTRACT.

Follow the laws of your state and don't allow anxiety to over take your thinking skills.  Reacting to bad tenants, threats, or fear, will cause you more harm then if you sit back,  implement your lease agreement (according to the laws of your state), and let the courts do their job.  It's tough, but it works.  Being patient is part of our business!  Evictions and damages and fixing up our rentals after a tenant moves is what we are about.

It is only when you understand what being a Landlord truly is...A BUSINESS, will you be truly able to enjoy being a landlord and all that entails, even the good, the bad, and the ugly.  And as for the bad ones....well, they're just someone you had to get rid of.... and you move on.

Nancy Neville

Maggie L. · Answer

I also had issues with tenants that came with my first purchase - another reminder of how important it is to screen before you let someone in.  If you don't have a written lease from the purchase I'd check out your local and state agencies for advice on what the law is in the state in addition to consulting with an attorney.

For example, where I am (St Louis, MO) the city has a "landlord's guide"

https://www.stlouis-mo.gov/government/departments/...

which includes things like sample applications, information on the eviction process, and citations to the state landlord tenant law.

The Attorney General puts out a state guide on Landlord Tenant law

https://www.ago.mo.gov/docs/default-source/publica...

though an attorney would be the most helpful when it comes to knowing what paper trail you need to create.  Certified Mail giving them notice, as well as explaining that proceedings will begin if they fail to comply, is what I have been told to do by lawyers and other landlords in Missouri, though I am not an attorney and (luckily)  cannot speak from personal experience.

I do want to advise, tread carefully here.  Sending them a notice may be enough to make them understand that you're serious, but I would try to keep things as friendly as possible since they are still living in your property and can easily damage the place.  Offering to help them find somewhere else (if you used an agent they may be able to offer advice) may also go a long way in making the transition a bit easier.

Nathan Gesner · Answer

Not an attorney. If you are on a month-to-month lease, give them written notice of termination and then wait. All you have right now is a statement that they do not intend to leave. You may consider sending a follow-up letter citing the law and that you intend to take them to court if they refuse to abide by your notice.

I don't know what your laws are or what your lease states, but I have a clause that says their failure to vacate results in "Holdover Fees" equal to 3x the monthly rent rate, prorated for the number of days they remain in the unit. If rent is $1,000 and they refuse to move out, they will be charged $100 a day (daily rent rate of $33.33 x 3) until they vacate. I would also have all the paperwork lined up so that you can file the very next business day after they refuse to vacate. Notice from the court is usually enough to motivate tenants when they know they are in the wrong.

Make sure everything is documented!!!

Lee Carrell · Answer

In Missouri, if you have an oral lease a 30-day notice is required. If you have a written lease, it  automatically ends at the specified date on the lease.

A landlord can begin eviction proceedings for several reasons. Such as, if the tenant; doesn't pay rent, fails to vacate at the end of the lease term, damages property, violates a condition of a written lease, is involved in criminal activity, etc.. However, you cannot file for an eviction until a specific action has actually occurred.

If the tenant has not vacated after the lease ends, you can sue for 'unlawful detainer'. Which basically means that the tenant is unlawfully detaining you from the use of your property.

David Ferri · Answer

I'm an attorney, but not in CT. Generally, you can file a complaint anytime you want, but In some jurisdictions they may throw it out, as it isn not "ripe", but usually the respondent would have to file an answer or for dismissal. You could argue anticipatory repudiation, in defense, if needed…You would want to include an exhibit to your complaint demonstrating the tenants intent, in writing, and supply a very detailed and complete declaration.

Usually they have (20- 30) days to reply/answer a complaint, if they even do at all… Otherwise, just be able to show that you noticed the tenant properly (certified mail) of your intent to end tenancy and have everything ready to go and  file on the first business day of the holdover. Good luck- Df

This is NOT legal advice, please seek local counsel.

Jonathan Makovsky · Answer

Hi @Christopher Collins I will PM you a name.

Jason Arcuri · Answer

his name is Ori. Based out of New haven and has done wonders for me.  Also specializes in evictions.

(203) 562-8887

Marcia Maynard · Answer

How much do you know about this tenant and their mentality? How much do you know about the previous owner and the rental arrangement they had with this tenant? You say he is a tenant-at-will, allowed to be there by the previous owner. Was he always a tenant-at-will or was he a squatter? How long has this been the tenant's home? How likely is it that he will be able to find other suitable housing soon? Is he up to date on payment of utilities?

Upon transfer of the the property, it would have been prudent for you to obtain the tenant files from the previous owner or at a minimum to find out what the arrangement had been. If the tenant paid the previous owner any security deposits, they would need to be transferred to you, as you will be held accountable for them whether they were transferred to you or not. Upon securing ownership of the property, in the absence of a written rental agreement, it would have been prudent to seek verification from the tenant as to their understanding of the terms of the rental agreement. Some tenants will readily provide a copy of to you of the written rental agreement if there was one. As the new owner, you would need to operate according to the terms of the existing rental agreement (written or verbal) until you enter into a new rental agreement with the tenant.

In the absence of a written rental agreement, you will need to proceed with caution. You will need to abide by the landlord-tenant law for your jurisdiction to rightfully and legally remove the tenant from the property. How you approach this does matter. Every move you make will elicit a counter-move. It's like a chess game. Think through several moves ahead. You are already meeting resistance, so that does not bode well. There is likely to be more to this story.

Often new owners will offer "Cash for Keys" to give an existing tenant incentive to vacate and to leave a property without causing more damage. What will it take for this tenant to leave peacefully, soon, and without causing damage to the premises? Be prepared for him to hold over (as he said he would) and map out what your next move will be if that is the case.  Document all communications. Protect yourself. Desperate people often do desperate things. He is losing his home and has a lot at stake. Make it easier for him to leave the premises with his dignity intact and to take a path of least resistance. Everything is negotiable.

Christopher Collins · Answer

Fingers crossed that it goes like that! Thanks for everyone's response!

Wade Sikkink · Answer

Odds are you won't have a problem.  Just because a tenant says that they are going to fight you doesn't mean they actually will.  We have done this several times where we gave a tenant a 30 day notice that their MTM tenancy was not being renewed.  They all left without issue.

The most recent one called me and screamed that he was going to take me to court and that I would lose my license.  I replied, "What license?"  He asked, "Don't you have to have a license to be a landlord?"  When I answered no, he hung up.  He was out of the unit on the prescribed day, no fight.

Good luck.

Eviction before tenant is in default?

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