Creative ways to evict a manipulative tenant?

Creative ways to evict a manipulative tenant?

Real Estate Agent · Columbus, OH · Member since 2014 · 22 posts · 2 votes

I am looking for creative ways to help a family member evict a very problematic and manipulative tenant in Florida. 

Tenant received a $30,000 loan from landlord and hasn't made a payment on that in at least a year. Tenant owes landlord over $10,000 from credit card charges that were agreed he would pay back. Then when landlord died last year, he did another $6,000 cash advance the day after he found out the landlord died. Now, the widow is left dealing with the mess. Tenant shows up at landlord's memorial service and criticizes the family of the deceased. Tenant in the last 2 weeks has claimed landlord agreed to rent a property from Tenant and owes Tenant over $100,000 for it (no mention of it in previous 8 months since Landlord's death). Countless more headaches that are too numerous to mention.

In addition to the above being a pain in the neck, here are the ways I believe the tenant has defaulted on their lease. Tenant is regularly a month or two behind on rent (currently hasn't paid July or August...more on this later). Tenant has denied access to landlord and representatives who need access to the house (contractors to repair things and realtor to show the house to prospective buyers). Tenant has altered the house without permission (including but not limited to removing all smoke alarms). Tenant has done significant damage to the house. 

Tenant wants to buy the house (he has been rented for 6-7 years), but he wants to pay much less than the home is worth, AND to buy it subject to the mortgage. You can imagine with his history of not making payments, that a subject to sale would be a nightmare, so widow has turned down his verbal offer.

Now tenant has blamed landlord (widow) for not taking care of the house and gotten an attorney, told the sheriff, and the city, getting orders to fix things that he has done wrong. One of the things being ordered to fix is installing smoke alarms (which Tenant removed). He says he isn't paying rent because of the issues. My concern is that a lawsuit is coming very soon. I had recommended that family member sue tenant back in January, but they wanted to think the best that he would eventually pay back the loan.

Widow has had a listing agreement with a highly recommended Realtor for 3 months and the house isn't even on the MLS yet. The one time Realtor got in the house, it was a hot mess, so the pictures they took for the listing were kind of pointless. They tried to show it to someone they knew was interested last week and couldn't even get in.

I live 10+ hours away and have 3 kids at home, so I can't easily drop everything to go grind this out. Widow lives 4 hours away and she is tired of this tenant, but it seems like when she tries to do something, Tenant manages to delay, stall, change topic, complain about something so that Landlord can't move forward. 

Realtor is also functioning now as Property Manager and widow now has an attorney as well, however they still haven't seemed to get anywhere in the last 10 days. In my knowledge of the Tenant, he is very sneaky and manipulative, so perhaps he is just a really gifted con-artist. What are some creative ways to evict him so my family member can finally sell this house? (negative cash flow even when he does pay rent)

Besides the few things above, I also wondering if having someone buy the house subject to would at least mean he would have to get out. Does it matter if it is a family member (or an LLC owned by a family member)? However, the lease says that tenant must be gone by 60 days after a sale. I can't believe that got into the lease. That would give Tenant plenty of time to sue widow (home is in her name). I wasn't sure who would buy the house without being able to get inside (he has denied entry to people a few dozen times) unless it was at a ridiculous discount so that it would be a massive short sale. Obviously that isn't good for the widow.

Thanks in advance for helping a widow before she gets sued by this con-artist.

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Santa Rosa, CA · Member since 2017 · 325 posts · 701 votes
9y

My opinion is that the tenet is obviously a con.   Blow away all the smoke and drama and the only facts are he/she has taken money and services and provided nothing in return.  And now is trying to take advantage of the death by getting more money.

Stop making decisions based on "how best to get the money back, the money is gone.   Get a lawyer, file eviction,  file fraud charges with the police with the lawyers help and STOP HAVING ANY CONTACT WITH THEM AT ALL.  They are obviously excellent at playing your family member.  They have managed to get themselves considered a "friend".  Just end it.  Your family is too weak to deal with them, eliminate that weakness by eliminating the interaction.

Have them talk to the lawyer only.

My opinion.  Good luck.  And don't blame your family, cobs are expert at playing people, just take away their power by stopping interaction

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  • Real Estate Agent · Jacksonville, FL · Member since 2015 · 102 posts · 65 votes
    9y
    Where in Florida?
  • Investor · Carnation, WA · Member since 2013 · 10 posts · 13 votes
    9y
    Not a lawyer, but some of this is drama you have to take individually. The tenant isn't paying rent and various other concerns, start the eviction process tomorrow. The tenant somehow had access to to the owners credit card? If given access, then you can't claim fraud and misuse easily. If not given access and written authorization, then call up the credit card company and dispute it. Small claims court for whatever you can get up to the maximum. Document everything. If the tenant starts harassing anyone get restraining order. Do not visit or talk to the tenant without someone else to support you. I would not talk to them at all, refer the tenant to your lawyer. Or worst case get a no nonsense representative to stand up for you. This person is a user, don't listen to anything they say. They lie, just to lie. Actions count, but they will talk and claim every abuse under the sun. It is a game to them, don't play it. It sounds like you are already. Stay focused. Evict, cleanup, sell. Next item. Next.
  • Real Estate Agent · Columbus, OH · Member since 2014 · 22 posts · 2 votes
    9y

    @Chris Carson it is in Tallahassee.

    @Mark Ernst Thanks for your response. Original landlord shot themselves in the foot so many times (credit card, loan, etc...) with this Tenant it isn't even funny. It just makes me sad to see widow left to deal with the mess. That is what I was telling widow today: Get eviction process started tomorrow, stay focused, get the few answers you need, don't get distracted. I told them this a month ago too. Glad to hear that I'm not alone in thinking that way. 

  • Augusta, GA · Member since 2014 · 1k+ posts · 1k+ votes
    9y

    This is simply nonsense.  Suggest they get an attorney familiar with the process of evictions in Florida (it REALLY isn't hard if a tenant has stopped paying rent).

    Forget this business about the tenant wanting to purchase the house.  It isn't going to happen.   The main focus at this time should be an eviction due to failure to pay rent.

    It's likely all this money the now dead landlord stupidly loaned to the tenant is lost forever.  Sorry but that's the reality of the situation.   Why in the world this amount of money was loaned is unknown but, unfortunately, it's not the first time something like this has happened.  Perhaps the landlord was suffering from dementia and the tenant took advantage of this?

    At any rate, will the tenant file a lawsuit?  Perhaps.  However, even so, it would be difficult to see a judge showing any sympathy to someone who owes almost 50K in loans from a poor old widow (have her show up in court looking like a little old aged lady).

    Gail

  • Real Estate Agent · Columbus, OH · Member since 2014 · 22 posts · 2 votes
    9y

    @Gail K. thanks for your input. 

    Can a tenant be evicted even if they catch up the delinquent rent? That was something that he did in the past. Tenant got notice that he would be evicted if he didn't catch up his back rent, so he did and stayed. Like I said before, at this point, widow wants him out of the house because she is tired of dealing with his constant drama. Literally can't even get potential buyers to see the house because he won't give access to the house.

  • Real Estate Broker · Naples, FL · Member since 2013 · 9k+ posts · 6k+ votes
    9y

    @David D'Louhy

    Consult an attorney and see if lease can be terminated. Continued breaches may be cause for termination. 

  • Augusta, GA · Member since 2014 · 1k+ posts · 1k+ votes
    9y

    What does the lease say in terms of access to the house?   Most typically allow a landlord/management access to such with adequate (often 24 hour) notice.

    A tenant simply cannot refuse access to the rental property after receiving this notice.  To do so would be considered a breach of the lease and, again, put him at risk for eviction for such.

    Gail

  • Santa Rosa, CA · Member since 2017 · 325 posts · 701 votes
    9y

    My opinion is that the tenet is obviously a con.   Blow away all the smoke and drama and the only facts are he/she has taken money and services and provided nothing in return.  And now is trying to take advantage of the death by getting more money.

    Stop making decisions based on "how best to get the money back, the money is gone.   Get a lawyer, file eviction,  file fraud charges with the police with the lawyers help and STOP HAVING ANY CONTACT WITH THEM AT ALL.  They are obviously excellent at playing your family member.  They have managed to get themselves considered a "friend".  Just end it.  Your family is too weak to deal with them, eliminate that weakness by eliminating the interaction.

    Have them talk to the lawyer only.

    My opinion.  Good luck.  And don't blame your family, cobs are expert at playing people, just take away their power by stopping interaction

  • Investor · Massillon, OH · Member since 2015 · 266 posts · 156 votes
    9y

    Get an attorney. They haven't paid rent, they broke the lease so they gotta go. As far as the money goes, again let the attorney advise you 

  • Investor · Oskaloosa, IA · Member since 2014 · 126 posts · 65 votes
    9y
    First thing -- ask 5 - 7 people (property managers and R/E agents) who is the best, toughest, hard *** attorney. Hire that attorney, turn it over to her or him. I have been in this collection gig for years. They use fear to intimidate --- be like a Cat Dozer, put down the blade, go full throttle!!!! Push their As_ to the curb! They owe you, you owe them NOTHING!!!
  • Investor · Jacksonville, FL · Member since 2015 · 504 posts · 217 votes
    9y

    Evictions are not difficult in Florida. I have done 4 diy with no problems since 2004 managing our own properties. Start the process and stick to it. It seems the subject person you refer to as a tenant is probably also a relative taking advantage. Not that it matters. 

  • Real Estate Agent · Columbus, OH · Member since 2014 · 22 posts · 2 votes
    9y

    Thanks all for your input.

    @Carolyn Morales, good to know that you DIY evictions in FL were easy. The Tenant is not related at all. However, he was so needy (time in prison, times without a job, time out of the country, needing help applying for jobs, and on and on) that he definitely had widow's husband wrapped around his finger, bending over backwards for him at his every request. I tried to put an end to the madness and offered to get Tenant out two years ago and Landlord declined.

  • Investor · Jacksonville, FL · Member since 2015 · 504 posts · 217 votes
    9y

    @David D`Louhy That is very odd, peculiar , especially loaning a tenant 30k. Perhaps there was more or even less to that story than you and the widow are aware of. The whole story is outlandish.  Not that I dont believe you believe  it as true. 

  • New to Real Estate · San Diego, CA · Member since 2017 · 92 posts · 26 votes
    9y

    I'm sorry but who in their right mind would lend a TENANT, a convict at that, such an obscene amount of money. Psh I couldn't even get my family to lend me that much without a full contract written up and collateral. Did they use that as a down payment for another home? Since they're claiming that the landlord agreed to rent their property. This whole story is just crazy. 

    Lawyer UP!!! Like other's have said, don't even deal with them. If your family member doesn't have the capacity to handle this themselves maybe you can hire a lawyer yourself and deal with the situation remotely. 

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

    Get a copy of the lease to a lawyer today, and follow thru with the eviction.

    Take the house off of listing,, the tenants lease would carry over to the new owner and nobody right now would even consider that. The PM sounds a little over her head. 

    Good luck,, 

    If the man used a credit card without authorization, then call the police, even if it was awhile ago, file a report, get print out of the credit card charges for the report, and notify the credit card company,  This happened to me basically, a guy took my elderly mom's card, he had done some work in the house,, 2K worth of charges, I filed report with police, notified credit card company, and the credit card company took off the charges and police / card company worked out payment plan with the offender,, he was also a former inmate..  Lesson learned I emptied my moms house of any and all personal documents, and had all her mail forwarded to me so this wouldn't happen again.  Honesty this is worth a try you have nothing to lose and even better you actually know where the guy lives. 

  • Investor · Ocala, FL · Member since 2016 · 299 posts · 110 votes
    9y

    If the widow and/or the deceased are elderly, you might talk to the local state attorney about charging them with fraud and abuse of the elderly.  The charge to the credit card after the husband died is fraud - if the tenant had knowledge that he was dead.  I would dispute the charge with the credit card company and furnish them with a copy of the death certificate.

  • Engineer · Portland, OR · Member since 2014 · 1k+ posts · 1k+ votes
    9y
    I agree with Gail , there is a lot of baby momma drama and attendant hi-jinx and mutual shenanigans that have nothing to do with effectively removing the tenant. Its odd your even mentioning all these non-Relevant sideshow issues. Just focus on eviction asap for failure to pay rent and hire a lawyer.
  • Real Estate Agent · Columbus, OH · Member since 2014 · 22 posts · 2 votes
    9y

    Thanks all. 

    Widow has had the 3 day notice posted. If tenant pays within that window then widow and lawyer will move to evict from other issues (such as not allowing in contractors to fix the code violations that the Tenant caused).

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