Evict or work with Outgoing Tenants?

Question

I have tenants who will be moving out in 35 days. They are late on their rent for the second month in a row. I have a signed lease for the new tenants scheduled to take their apartment a few days after the current tenants move out.

Is it worth filing the eviction if the current tenants haven’t paid by the specified eviction date in their lease (June 10th) or should I try to work with them to get the remaining rent for this month? I’m concerned that going through the eviction process will delay the move in of the incoming tenants by weeks. Any advice would be much appreciated.

Nathan Gesner · Answer

Start the eviction process. If they move out, you can always stop the eviction. If they don't, the wheels are in motion and you'll have an easier time.

Nathan Gesner · Answer

@Dave Bopp when the electric is cut and they lose lights and food, that will be a good incentive for them to move early.

Wesley W. · Answer

I never sign a lease with a new prospective tenant unless I am 99% sure the current tenants are leaving.  How well do you know these particular tenants? Unfortunately, right now you are at the whim of these late-paying occupants and your relationship is strained because of the late paying issue.  The "moving out" declaration could be a ploy to buy them time for more (free) housing at your place while they figure things out on their end.

If they don't move out, that could put your incoming tenants in a situation where they have all their things on a moving truck and no place to go.  Not a good way to start that relationship!

This is a tough call. It's all about your confidence on whether or not the current tenants will do what they say, and out of everyone reading this you are in the best position to ascertain that.  Good luck!

Jacob Villalobos · Answer

Cash for keys

Dave Bopp · Answer

@Nathan G., @Wesley W., @Matthew Olszak, @Jacob Villalobos - Thank you all for your input. Are there any options you can think of for incentivizing their move out before the 35 day mark? I spoke to them this morning about figuring out a solution and was told they are in such a bad financial position that the energy company is cutting the power to their apartment in a week.

Matthew Olszak · Answer

Are they really going to be out in 35 days? Have you confirmed where exactly they are going? If so, don't bother with the eviction. Ask if they'll be out by the 35th day, then ask where they are going because you'll need to forward the security deposit. If you get an address, hold off, they'll likely be gone, or even call the new landlord to confirm. But if its just a "yea, we'll find somewhere by then", you need to turn up the heat. Start by dialing back the date you need them out. Not 35 days, but you need them out by 06/30 because you have new tenants moving in 07/01. Check their reaction when you tell them that - it will indicate how realistic a move by the deadline actually is.

Jacob Villalobos · Answer

EVICT ASAP

Evict or work with Outgoing Tenants?

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