Advice For Removing Nightmare Tenants

[Jennifer Fox]

We recently took a job in CA and had to list our 1905 Historcal home that we renovated for sale in a market that is not ideal for selling a home in rural Upstate New York. Knowing our options were limited we agreed to allow an interested buyer to rent the home while they worked through some credit repairs and could be approved by a lender. They told us a sob story, we bought it and what we have now learned the hard way is that they are total con artists. They owe us thousands of dollars in rent and security deposits. We have mailed and emailed the contract to them multiple times (since we are on the other side of the country) and they make up every excuse imaginable not to sign it and return it to us. They moved in an uncle who is an alcoholic and total bum without our permission. We have asked them multiple times not to smoke in the home (after becoming aware of the fact that they were when our daughter went to the home to pick up some personal items left behind) and they continue with utter disregard of the household rules. The home is still listed for sale. Our realtor called last week to schedule a showing. Which it is part of the contract that we can do. They threw an absolute fit about it. Which created suspicion for us and our realtor that perhaps the home is not in show worthy condition. So we scheduled a family member to do a home inspection and gave the tenants over 24 hours notice. And it is every bit as bad as we expected. Our home is trashed. There is trash everywhere. Wreaks of cigarette and marijuana smoke. Cigarette butts on the basement floors. Garage door broke. Bedroom doors broke. Holes in walls. Spray painted the glass of a bathroom door as well as a random wall in a bedroom. Carpets stained. Just an absolute mess. Probably a dozen large trash bags of empty beer cans. Kids running amuck. Funky lights in the basement that would indicate they are likely growing marijuana in the basement which they likely hid for the inspection although it could be smelled but not visible in plain view. We have started the eviction process. Had a process server serve them with a 3 day demand for payment or notice to quit. They are now telling us that if we contact them again they are charging us with harassment and threatening to sue us. We never intended to be “landlords.” Simply wanted to sell our home and move on with our lives. We are having eviction papers served this week. Any way to get them out sooner than 30 days? If they have done as much damage as they have in 3 months, we fear there will be nothing left but ruins in another 30 days if they don’t burn the place down before we’re done with this nightmare. Desperately open to advice. Thanks so much.

[Thomas S.]

You are following the proper process, hopefully with the assistance of a lawyer, and there is nothing more you can do. The process to evict is what it is.

They are most likely professional tenants and as such it will take considerably longer to get them out than 30 days. They will stall and delay the process through legal means so prepare yourself for more headaches.

Sorry to say but you will lose more money, you will not likely be able to collect and yes regrettably there will be more damage to the property. 

It is unfortunate but unless you have some less that reputable "friends" that are willing to give them a visit there is nothing more you can do but sit back, wait, and clean up the mess after the fact. You are dealing with professional criminals and most likely will need to let your lawyer handle the situation. You have fallen into a very common trap that is now out of your hands.

You should also google your tenants names and look them up on face book.