Getting rid of paying tenants...

[Joel Katsma]

I am a newer investor under 30 yrs old with 10 doors in 3 years - so in essence, I am a newbie.  I have learned a couple of things and one is that I'd rather buy a property that is vacant than inherit some tenants who don't meet our normal standards.  So my question today that I am looking for advice on is how to get rid of a tenant that I have who causes 90% of my work and headaches. 

They're on a month to month lease, and they pay every month... The boyfriend of the tenant was living with tenant when I purchased the property but was not on the lease - the prior landlord who I thought was good, vouched for him.  In talking to the tenant she wouldn't tell me his last name - long story short he was trying to hide his background (multiple criminal, evictions, 5 owi's, etc).  I want to call her out on this and force her to add him to the lease as my lease says, but unfortunately, I think that if I try to do this - they could say he's been living there for 2+ years and they never did anything about it! 

I know, this was mostly my mistake for not getting all of the info and underwriting the tenants on the front end. My other tenants are all very strictly underwritten and I have zero issues - knock on wood. Since it's gone on for this long I am not sure how much of a big deal about this I want to make.  They do pay their rent on time each month, but I would like to get new tenants in as they've trashed the place, always cigarette butts in the lawn, and they complain about everything. Oh and they're $150 under market rent (we increased from $500 to $600 2 months ago - market is around $750). 

There is a shortage of rentals in our area so re-renting will be very easy. Although these seem like low rents, they're in the mid range in my area, the place isn't a slum or a dump it's a nicer 3 bd townhouse it's just in a low cost of living area.  Any advice anyone could give me about options that I'd have or actions I could take would be greatly appreciated! 

Love the community here and thank you all for your input in advance. 

[Deanna McCormick]

First download a copy of your state landlord tenant laws. This is your Bible..

If this tenant is as you stated on a month to month term lease you don't need a reason to get "rid" of them, all you do is notify them in writing that their month to month lease is not being renewed. This would need to be a written notification, sent by Mail,not email and also copy put on the tenants door.

The notice would need to be delivered prior to the first of the month.. I usually try to do 45 days.. they aren't going to be happy but stand firm and do not give a day extra of time or you have to start all over with your notice..State you will provide proper rental references.

You can google "Non renewal / Notice to vacate" for samples to use, I put both terms on the notice. Set a time on the last day of the month by 12 noon. to turn in their keys.. and you meet them and change the locks when they leave. 

If they fail to comply then your next course of action is to file eviction action for "Cause - Failure to vacate after lease termination/non renewal notice, look up your county court house and get the paperwork for that ahead of time so your all set.

Don't bargain, 

BP forms category may have forms you can download for notices..