Tenant Won't Pay, Said Would Leave Early...How to ensure they do?

Question

In Ohio.  Bought 1st rental 3 months ago.  Tenant was late first month, and then promised rent on 1st of January. Didn't pay. Over weekend, they messaged me saying they can't pay but will leave this Saturday (1/12/19) so they don't get eviction on record.  How do I ensure this, and that this isn't a ruse to buy more free time in the house?

Can I get her to sign an agreement giving up all rights to property effective 1/12/19 that would hold up in court?  Can this include forfeiting last months rent, and maybe security deposit?  $675 each

What if the 12th comes, but they haven't left?  I still have to go through eviction process?

I welcome any suggestions!!  My thoughts right now are to follow through with 3 day notice, and eviction process now anyways, and if they leave as promised, then drop the case.

Thanks!

Michael Noto · Answer

@Curtis Maag Start the eviction process with a notice to quit or whatever your state equivalent is. If they are truly scared of an eviction and not screwing with you they will contact you shortly after they are served. At which time you can tell them "if you leave like you promised, then I will stop the eviction"

Then the ball is in their court because after the notice to quit period is up you can start the legal proceedings whenever you wish. In my experience people who have money and can't pay rent also just can't get up and move on a moments notice and string their landlords along using all of the same tactics. Of which most common is the "I'll leave by "X" date, please don't evict me". Call them on their BS and hope for the best.

Robert Biggerstaff · Answer

That’s where the surrender form comes in that needs to be notarized and dated and I would also put on there they understand totally that the locks are being changed and they no longer are welcome on the property

Robert Biggerstaff · Answer

There’s only two ways to approach this… Can you go to them and say you can go ahead and leave now everything is out and you sign this form saying you should render any rights to the property and agree on a cash payment for that or go ahead with the evection process. If they’re late on the rent thing already told you that there a liar and there were just no good so there’s no reason for you to expect them to leave on the day they told you that they would. there’s only two ways to approach this… Can you go to them and say you can go ahead and leave now everything is out and you sign this form saying you should render any rights to the property and agree on a cash payment for that or go ahead with the evection process. If they’re late on the rent thing already told you that there a liar and there were just no good so there’s no reason for you to expect them to leave on the day they told you that they would ... Train your tenant now

Cassi Justiz · Answer

Cash for keys may be the easiest thing in this situation. You can go ahead and start the eviction process (sending the notice, or whatever you have to do for your state) and tell them if they are out as agreed upon you will cancel it at that point.

The cash for keys idea is that you will give them a set amount of cash IF they leave the home in a specified condition by a specific day. (I will give you X amount towards your move if all personal items are gone, house is clean and completely empty by 5pm on 1/12).

It will give them some incentive to leave the house in decent condition and actually get out as promised and it will be cheaper on you than eviction court and a trashed house.

John Underwood · Answer

@Curtis Maag If tenant is breaking the lease they should be forfeiting the deposit. Last months rent could be kept depending on what your lease says.

With out filing an eviction it is questionable what your could do if they don't leave on the 12th. But getting something in writing might help, but I think you would have to go through the formal eviction process so not sure if what good it would do.

Yes do the 3 day notice either way so that you have this done. You may have to start the eviction process after the 12th if they don't leave as promised.

Curtis Maag · Answer

Thank you @Michael Noto!

Curtis Maag · Answer

@Robert Biggerstaff  Understood.  For getting it notarized...meet tenant at a bank?...any better suggestions?

Curtis Maag · Answer

@Robert Biggerstaff Thank you Robert.  I understand those are the 2 best options.  My original concern is whether a written agreement between us, cash for keys, to leave by tomorrow will hold up in court.  Your response seems to affirm that, yes?

What about some scenarios after cash for keys is signed...they made copies of keys and enter afterwards.  Or if I changed the locks, and they kick the door in...would I have legal right to arrest them for trespassing, etc

Curtis Maag · Answer

Thank you @Cassi Justiz for your insight.  I thought of cash for keys, but decided not to at this point.  They have only been in for 3 months, and at recent inspection, saw they have few personal property anyway.  That and it's their idea to leave in exchange for not evicting. The deposit and first month's rent was paid on her behalf by a church group, so she's not out anything so to speak for leaving.  All considered, I don't feel it necessary to do cash for keys just yet.  That's a trump card for later.  Is this a logical approach?

Curtis Maag · Answer

Thanks @John Underwood.  My understanding from a podcast, the reason to get in writing they're leaving is so when I go in after the 12th to prepare for next tenant, they can't raise hell saying I violated contract by entering.

Tenant Won't Pay, Said Would Leave Early...How to ensure they do?

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