Prep for possible eviction?

Question

Here’s the story...

I closed on my duplex Friday. I will be moving into the vacant side next weekend, and inheriting tenants of other unit. I will be giving the other tenant their 60 day notice per the month to month agreement they had with the previous landlord. The plan is so they have to move out by the end of July, at which point I hope to have tenants lined up for the original unit I moved into after some updating. Then I want to move my stuff over to the inherited tenants side (as it’s the nicer unit).

Unfortunately the inherited tenants have 4 larger dogs, a guinea pig, and two cats (one of which they adopted a week before closing). When the seller put the property on the market they figured they wouldn’t be able to stay there, and started looking for a house. Because they cannot find a place to rent with 7 animals?... weird...

I told them of my intention to occupy their unit beginning of August. They are not happy and are asking what they will do if they can’t find a house in time. I told them I may be able to work with them if they are in process of closing as good faith. But I want to have my first unit ready to be rented in August, and worry that inherited tenants might over stay their notice.

So my question is, should I prepare for them not to leave when I plan and start the eviction process? Is that even something possible to take pre eviction steps, where I could have them removed on a certain day if they are not out? If I have a signed lease agreement for first unit, I need to be able to move into this other one. Otherwise I would have to cancel the new tenant lease which may come with ramifications. Or hold off on leasing first unit until I’m sure they will be out on a certain date.

Just want to see if anyone has any input or suggestions for my situation. Thank you!!

Jim K. · Answer

@Anthony Vaiana

All right, I agree that @Scott Mac's got a point, there are pet friendly places. We allow our tenants to have a family dog or two cats. With 4 "larger" dogs, however, it's likely this bunch isn't going anywhere. Their only choice is to split up the animals. They will not do this without being forced to it. Get prepared for all kinds of sentimental bullcrap. Learn the process, find the lawyer you'll need.

Andrew B. · Answer

If they do not leave, you begin eviction proceedings. The "prep" you need to do is thoroughly read through and understand your local laws, especially those surrounding eviction. Also, research local lawyers that specialize in real estate and be prepared with a name and phone number for one. Finally, if they do not leave, you deliver your local version of a 5 day notice to cure or quit, then immediately call the lawyer and begin eviction proceedings.

Denice S. · Answer

In my experience, tenants do what you allow them to do.  Unfortunately you’ve opened the door by saying “I’ll work with you.” That’s nice of you, but doesn’t get you where you want to be which is in their unit.

When tenants ask “what if” questions it’s helps to always respond with these 4 words: “then you’ll have to”

Tenant: what if I can’t find a place?

You: then you’ll have to store your property and move in with family.

Tenant: what if I can’t pay my rent?

You: then you’ll have to borrow money.

Tenant: what if I can’t mow the lawn?

You: then you’ll have to hire lawn service.

These are not meant to be scripts, just examples of how important it is to get yourself in the habit of putting everything within their control, squarely back onto their plate... not yours.

The moment you take the problem on or agree to assist in the resolution is the same moment they hand it over to you.

Best of luck-you’re best way to plan is to acquaint yourself with recommended holdover attorneys. You’re probably very limited in what you can do until they’ve officially over stayed.

Jacob Sampson · Answer

You would need to check on the legality in your state but based on my experience in Kansas, you would give the appropriate legal notice.  Once the time frame specified in that notice is expired you would then proceed with the eviction.

I think the pre-eviction work you should do is get with a local attorney that is familiar with the eviction process and make sure you are following it and understand what you will need to provide (the attorney) if it becomes necessary to evict.

Scott Mac · Answer

Hi Anthony,

They might just move out if they had another place to live.

It's common for apartment complexes to allow dogs (of a certain size) and cats. Some even have dedicated dog run areas. They bill themselves as "Pet Friendly".

Depending on how large the dogs are, that could be a problem, but the cats and GP aren't a big deal.

Good Luck!

Anthony Vaiana · Answer

@Denice S.

Solid advice Denice. Felt like offering that opened me up to so back and forth conversation, as soon as I said it. Should have just told them what I expect, and let them figure it out. Have that same problem with day job were I offer to help people, and it always ends up with me doing more than I’m required and going out of my way.

Anthony Vaiana · Answer

Thanks for the replies!

They have 3 pit bulls and a collie. In my area not a lot of places will rent to pit bulls, and other bigger dogs as my former roommate is experiencing currently. Especially three of them.

I’ll start looking around for local real estate attorneys then. Even if not needed this time, may eventually require one so why not. Come July if they don’t have any plans as to where they are going, I’ll speak with the attorney about eviction. Guess I should hold off on having a new tenant sign a lease until I know I can move into the other.

Prep for possible eviction?

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