Seeking advice for potential eviction

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Seeking advice for potential eviction

Vincent Carroll
South Grafton, MA · Member since 2016 · 7 posts · 0 votes

Greetings,

My wife and I (and our young son) owner-occupy a duplex,  and we have a tenant (family) next-door who we inherited when we purchased the property last year. They are presently on a month-to-month lease, and although they pay their rent, they are not desirable Tenants by any means, and therefore we gave them notice on Feb. 1  that way we would not be continuing their lease, effective March 31. So essentially we are giving them twice as much notice as required by law. Since giving them notice, we have heard nothing, and are concerned that they do not plan on moving. 

I'm seeking advice on how to handle this somewhat touchy situation, as we have to live next-door and these folks who are fairly strange, and we have had some contentious interaction with them regarding their smoking in the property which is a violation of the lease. Should I check in with them in the near future to confirm that they received our notice (which was sent by certified mail), and inquire if they have set a moving day? I feel that we cannot be flexible in terms of allowing them to stay any longer than the end of the month.  If, when the time comes, they do not move out, I feel that we must begin and evection immediately, which will be our first eviction experience as we are relatively new to landlording.  Wondering how to best navigate this somewhat tricky situation. 

Thanks  in advance for any advice!

Vin Carroll

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Matthew Paul
Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
9y

If they are not out on time , file for eviction right away .  Dont listen to excuses . 

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  • Daniel O.
    Investor · Takoma Park, MD · Member since 2016 · 166 posts · 147 votes
    9y

    @Vincent Carroll, it sounds like you have done everything right so far. Or almost everything. You should be documenting each incident of smoking, and any other incidents which violate the lease. But most important of all, you really need to make sure you completely understand the landlord tenant laws where you live, both state laws and any additional ones imposed by the county or municipality you are in. It may be that you are fretting over nothing -- they might actually be planning on moving. 

    That said, they might not be, and you should have a plan in place for what to do if they don't move. Consistent with your local laws, you should file for eviction on April 1. If they try to pay rent, you should refuse it firmly but politely. If you accept the rent, you are stuck with them. Document any interactions you have with them, and if possible, only interact with them in front of a witness.

    Are you planning to renovate the place when they leave, or are you looking for other tenants immediately?  One way to broach the subject of whether they are leaving is by confirming that they will be out by date X because you are advertising it and want to show it then.  If they have paid through the end of March, they have the right to be in the place undisturbed until then unless the lease specifies otherwise.

    Good luck!

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  • Jeff Keller
    Palo Alto, CA · Member since 2017 · 226 posts · 95 votes
    9y

    You can also tell them that if they move out earlier, you will refund the excess rent they paid to stay until the end of the month. Although having records of lease violations could be helpful, focus on getting them to move out and don't start a side discussion/negotiation about smoking or anything else. I wouldn't even discuss why you want them out. If they ask just say you don't want to rent it to them any longer, you don't want to discuss why. Make it business, not personal.

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  • Vincent Carroll
    OP
    South Grafton, MA · Member since 2016 · 7 posts · 0 votes
    9y

    thanks for the advice guys.  We're reading up on MA specific laws, and will certainly involve an attorney if we have to initiate an eviction. Up to this point, we have documented everything. And we have documented the smoking infractions, though that's not something we are bringing up with them presently. 

    We actually told them that we're not continuing their lease because we want the unit for family. Which is a lie, but we thought in might increase the chances that they'd go quietly if they don't think it's a personal issue with them. 

    We'll  be very relieved when they are gone! 

    Thanks again!

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  • Matthew Paul
    Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    9y

    If they are not out on time , file for eviction right away .  Dont listen to excuses . 

    1Reply
  • Vincent Carroll
    OP
    South Grafton, MA · Member since 2016 · 7 posts · 0 votes
    9y

    we will definitely initiate evection on April 1 if they're still there. In the meantime, I was wondering if we should reach out to them to try and get a sense if they are planning on leaving, but I'm not sure I want to get into any sort of discussion regarding the matter. 

    Thanks again!

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  • Deanna McCormick
    Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
    9y

    Well I'd give them a 24 showing notice, have your brother, or sister or cousin look at it, they needed a look see.  This will give you idea if they are packing up, and if you need to look at the issue of possible eviction on April 1st.

    O,You could also let them know you'd be doing a early move out inspection , a pre inspection giving them a check sheet of things need to be cleaned before they leave. 

    I hope you had a move inspection condition sheet or did one after you purchased the property, otherwise it's going to be hard to document any damages that may have occurred other than wear & tear. 

    Follow thru with eviction on first of month, cause failure to vacate after proper notice of non-renewal.. don't accept any rent, 

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  • Chuy Gonzalez
    Investor · Long Beach, CA · Member since 2012 · 313 posts · 190 votes
    9y

    Have they paid their rent on time? If not, start the eviction immediately...either by yourself or with an attorney, which ever you are comfortable with. Don't make the same mistake I made once, and try to work with a tenant. It will bite you in the behind. Bad tenants do not shape up and become good tenants.

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