Cash for keys and possible eviction in Atlanta, GA

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Cash for keys and possible eviction in Atlanta, GA

Andrew Kim
Atlanta, GA · Member since 2017 · 12 posts · 1 vote

I own my house, and have two tenants in it. One tenant is a major problem.  Late rent and utilities, smokes a lot of marijuana in his room, loud when we're sleeping, and the list goes on.  I gave him his 45 days notice that I wouldn't be renewing his lease. He lost it and made all these threats of legal action, which he has nothing to stand on.


I'm now considering giving him cash for keys to clear out in the next week or so.  I will also threaten to evict him when he's late on rent/utilities (5 days, as per the lease agreement) and also evict him if he doesn't get out by the last day of his lease, as I've given him notice to vacate. 

Are there any legal ramifications that can happen towards me? I'm confident that I'm 100% within the law, I just want to know if I'm doing everything by the book.  I know he can sit and not pay rent and it could take some time for the sherriff to actually come get him, but I'm confident that he doesn't want an eviction on his record, as his credit is already completely shot and having an eviction on his record will prohibit any legitimate landlord or apartment complex from renting to him.  Thanks in advance for your insight!

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Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
8y

You've created a monster.

You say he doesn't want an eviction because his credit is already "completely shot." Actually, if his credit is shot he won't care about another red mark on it. And he's probably not worried about finding a Landlord willing to accept him. He fooled you, so he can probably fool someone else.

You allowed him to pay rent late and the only ramification was a notice of non-renewal. You allowed him to smoke "a lot" of dope in his room (an illegal act in your state) and failed to do anything about it. Pretty much everything you've done to this point has told him he can do what he wants and the only thing you'll do is threaten him.

You can offer him cash-for-keys and buy your way out of this mess but it also rewards the tenant's bad behavior and sets up the next Landlord for failure. My recommendation is that you grow a pair and put your foot down. if you can't do it with this guy, how are you going to do it with the next one?

I think more than 1oz of weed is a felony in your state. If he's smoking as much as you say, call the cops the next time it happens and hope he gets rolled up for a felony. At a minimum, he will be cited for a misdemeanor and that might scare him enough to move out. If he pays rent late, hire an attorney and start the eviction process.

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  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    8y

    You've created a monster.

    You say he doesn't want an eviction because his credit is already "completely shot." Actually, if his credit is shot he won't care about another red mark on it. And he's probably not worried about finding a Landlord willing to accept him. He fooled you, so he can probably fool someone else.

    You allowed him to pay rent late and the only ramification was a notice of non-renewal. You allowed him to smoke "a lot" of dope in his room (an illegal act in your state) and failed to do anything about it. Pretty much everything you've done to this point has told him he can do what he wants and the only thing you'll do is threaten him.

    You can offer him cash-for-keys and buy your way out of this mess but it also rewards the tenant's bad behavior and sets up the next Landlord for failure. My recommendation is that you grow a pair and put your foot down. if you can't do it with this guy, how are you going to do it with the next one?

    I think more than 1oz of weed is a felony in your state. If he's smoking as much as you say, call the cops the next time it happens and hope he gets rolled up for a felony. At a minimum, he will be cited for a misdemeanor and that might scare him enough to move out. If he pays rent late, hire an attorney and start the eviction process.

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  • Andrew Kim
    OP
    Atlanta, GA · Member since 2017 · 12 posts · 1 vote
    8y

    I let some things slide I shouldn't have. I'm new to this and gave him extra chances, that I now regret. I didn't realize the POS he is until I notified him of non-renewal and he lost his crap.  

    Regarding his credit, he definitely doesn't want an eviction, because once he gets one, he's screwed over from renting.  Not having an eviction is his one saving grace.  He came through a mutual friend and didn't return the lease agreement until a month after I gave it to him. I forgot about it and wasn't too worried about it, until some of the bad behavior showed up.  I should've run a background check immediately after getting it, that was my mistake.  

    I threatened eviction and that's when he got caught up on rent and utilities.  I can't put my foot down now that he's caught up on rent.  Marijuana is barely a misdemeanor (you get a $125 and no possibility of jailtime) and I promise you if I call the cops on him that will create more issues than it solves.  He only has 5 more weeks here.  I just want him out. 

    My biggest question is, if he's here the day after his lease ends, can I evict him immediately? 

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  • Melissa Robles
    Norfolk, VA · Member since 2018 · 15 posts · 8 votes
    8y

    You can file for eviction immediately. Just make sure your notice of non-renewal is in writing, served as the law requires, and was given in the time required prior to lease expiration.

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  • Dennis M.
    Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes
    8y
    In this case I don’t think I’d do cash for keys . You got to ride this out now ..Live and learn . Next time if they pay late please file for eviction . Don’t wait around for a tenant to improve their conduct !
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  • Anna Watkins
    Investor · Atlanta, GA · Member since 2014 · 389 posts · 250 votes
    8y

    Also -- in the "lessons learned" category -- if you don't want drugs in the house, make it an evictable offense in the lease.  Double-check me, but if it's your house and you're living in it along with roommates, you have a lot more leeway with what you accept and don't accept, including some things that would otherwise be "protected classes" issues.  Dope-smokers, not protected!

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  • Andrew Kim
    OP
    Atlanta, GA · Member since 2017 · 12 posts · 1 vote
    8y

    @Anna Watkins Yeah, it's in the lease agreement as such.  The biggest problem with this is that proving this is hard.  My landlord friend says if the evidence is weak, then it can get thrown out. 

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  • Katie Stewart
    Specialist · Fort Collins, CO · Member since 2018 · 557 posts · 191 votes
    8y

    Filing for eviction is probably the best next step after the lease is up. Next time, I would highly recommend doing a comprehensive screening (credit, criminal and eviction history) of anyone that you are potentially renting to. There is plenty of free landlord software out there that you can do this through, for free! Feel free to PM if you would like any recommendations.

    I wish you the best of luck! Definitely use this tenant as a "lesson learned" as Anna said. 

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  • Andrew Kim
    OP
    Atlanta, GA · Member since 2017 · 12 posts · 1 vote
    8y

    @Katie Stewart Thanks will do! 

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  • Anna Watkins
    Investor · Atlanta, GA · Member since 2014 · 389 posts · 250 votes
    8y

    @Andrew Kim - Hmm.  I wonder what would count as strong evidence.  Out of curiosity, I'd talk to a lawyer friend (in addition to your landlord friend) to find out.  If you, who lives in the house, can smell it, and the other occupants of the house can smell it (and will say so in court).  That's the house part. Can you require a drug test, or put it in a lease and get away with it? That would prove weed use. Not that you want to do this at all, you just want the bum gone.  

    The first of the month is coming, and that's always a good time for people to move. Five weeks to go -- 1) leave now and you give him the deposit back, or 2) wait it out.  He needs to know that the lease won't be renewed under any circumstances, and you might have to keep some of the deposit to fumigate and repaint the room.  

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  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    8y

    You don't need to file for eviction. If you intend to let him ride out the remainder of the lease, simply notify him (in writing) that you will not renew/extend his lease and expect him out by the day of termination. If he fails to leave, then you file for eviction.

    I know weed is a misdemeanor but if he is smoking it "a lot" then there's a good chance he possesses more than an ounce which could turn it into a felony. But it sounds like you'd rather let him continue so it doesn't matter.

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  • Michaela G.
    Investor · Atlanta, GA · Member since 2013 · 3k+ posts · 3k+ votes
    8y

    He might not pay July rent and then you can file for eviction ;-)

    If he only rents a room he's likely not going to have a problem finding something else and will not worry much about an eviction. 

    There are many people that have rooms for rent/looking for another housemate, who never check credit or eviction. Go to Atlanta House search on FB and it's full of people looking for someone to fill a room. So, I doubt that the eviction threat would be a big deterrent for him. 

    1Reply
  • Andrew Kim
    OP
    Atlanta, GA · Member since 2017 · 12 posts · 1 vote
    8y

    We had a major blow up yesterday.  He came to me and apologized. We both apologized. 

    He is moving out this Mon. or Tues. I believe him, because he's too mentally weak for this. He has major anxiety problems and this is too taxing on him. 

    My new question is, when should I give him his security deposit back? The day of? The next day? I want to be a person of goodwill if he holds up his end of the bargain.  

    Thanks!

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  • Anna Watkins
    Investor · Atlanta, GA · Member since 2014 · 389 posts · 250 votes
    8y

    Georgia gives 30 days (I think - fact-checkers, is this right? I recall seeing it in the state landlord/tenant handbook).  Do wait at least a week, because things that you missed or were hidden on the first pass show up after a while, and once you've refunded the security deposit, you've no recourse at all.

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  • Rick Baggenstoss
    Developer · Decatur, GA · Member since 2011 · 1k+ posts · 1k+ votes
    8y

    @Anna Watkins - It is 30 days to return the deposit.  However, it's 3 days or less to provide a written estimate of the damages and condition contrasted with your move-in inspection.  

    For cash for keys to work, you have to give the tenant a really short period like a week to move out.  Otherwise, they'll agree just to prolong living in your place rent free.  

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  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    8y
    Andrew Kim Turn it over to an attorney and let them take it from there. People act differently when they get told by a layperson vs a lawyer. If you need one I have a great attorney in Atlanta that can help. Send me a PM if you wish
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