Evicting tenants- process??

Question

Hi Everyone-

I am dealing with a difficult group of tenants...

Every month they pay rent late.

They have damaged the walls, and broken 2 doors.

They continue to throw parties all nights of the week and I have received complaints from both neighbors.

Recently while repairing one of the doors I could smell that they’ve been smoking weed in the house.

They do not take out the trash and are creating a health issue around back.

I’ve had multiple conversations with them but the situation is continually getting worse rather than better.

I want to evict them. Cut my losses and start over. Any advice on how to go about this? My fear is once I serve them with the notice they’ll destroy the property.

Thank you in advance!

Karen Margrave · Answer

You didn't state which state you are in, and each state has their own requirements for evictions. Find out what yours are, then start the process. Hopefully you have a good deposit, and some type of insurance. In any event you can't let destructive people stay in your property because you fear what they will do if evicted. Good luck

Nathan Gesner · Answer

John, there are a lot of options but there's only one I would recommend because you are in over your head. Hire an attorney that specializes in evictions for your area. If you can't find one, try talking to some folks at a local real estate investor group for suggestions. If we give you advice and you try this on your own, there's a good chance you can make matters worse. You need to hire an attorney, consider the cost to be your cost of tuition, and get this done and over with.

I also recommend you hire a professional property manager. These tenants are probably causing you some stress. The losses incurred and your time spent is probably much more than you would have paid for a property manager. Hire a professional that can do this right so you can reduce the stress, protect your income, and get some sleep at night.

Remember: cheaper doesn't mean you'll make more money.You can start by going to www.narpm.org to search their directory of managers. These are professionals with additional training and a stricter code of ethics. It's no guarantee but it's a good place to start. Regardless of how you find them, try to interview at least three managers1. Ask how many units they manage and how much experience they have. If it's a larger organization, feel free to inquire about their different staff qualifications.2. Review their management agreement. Make sure it explicitly explains the process for termination if you are unhappy with their services, but especially if they violate the terms of your agreement.3. Understand the fees involved and calculate the total cost for an entire year of management so you can compare the different managers. It may sound nice to pay a 5% management fee but the extra fees can add up to be more than the other company that charges 10% with no add-on fees. Fees should be clearly stated, easy to understand, and justifiable. If you ask the manager to justify a fee and he starts hemming and hawing, move on or require them to remove the fee. Don't be afraid to negotiate!4. Review their lease agreement and addenda. Think of all the things that could go wrong and see if the lease addresses them: unauthorized pets or tenants, early termination, security deposit, lease violations, late rent, eviction, lawn maintenance, parking, etc.5. Don't just read the lease! Ask the manager to explain their process for dealing with maintenance, late rent, evictions, turnover, etc. If they are professional, they can explain this quickly and easily. If they are VERY professional, they will have their processes in writing as verification that it is enforced equally and fairly by their entire staff.6. Ask to speak with some of their current owners and current/former tenants. You can also check their reviews online at Google, Facebook, or Yelp. Just remember: most negative reviews are written by problematic tenants. The fact they are complaining online might be an indication the property manager dealt with them properly so be sure to ask the manager for their side of the story.7. Look at their marketing strategy. Are they doing everything they can to expose properties to the widest possible market? Are their listings detailed with good quality photos? Can they prove how long it takes to rent a vacant property?This isn't inclusive but should give you a good start. If you have specific questions about property management, I'll be happy to help!

Eli Lederman · Answer

@John Tarricone where upstate are you?

You have a few options:

1) Call code to close down the apartment for unsafe conditions

2) If you do want to use the legal system, go through with it - dont worry about more damage.

3) Call PD for drug use and they will close down the apt in conjunction with code

Mike McCarthy · Answer

@Bjorn Ahlblad I would recommend using a lawyer for your first eviction. There are too many details that if you do wrong, you’ll have to start over.

The lawyer can also help with a Cure or Quit notice that can either start the process or possibly fix it.

John Tarricone · Answer

@Karen Margrave

I’m in New York. Upstate, not NYC.

Bjorn Ahlblad · Answer

@John Tarricone you can do a search here on BP. Lots of guides and resources available.

David Flores · Answer

@John Tarricone

Sounds like a terrible situation. I would threaten them with eviction if it continues but I am sure you have tried this.

I have a property management company for all

My properties so I wouldn’t be able to go to much into the process and I have been lucky enough not to have an eviction yet.

But, i have read about a great strategy that maybe someone else can touch on here. Its called cash for keys. Make a deal with the tenants that if they leave the property unharmed by a certain date (make this date short so they have a less likelihood of destroying anything) you will pay each of them like 200 dollars or some other amount that makes sense.

You can also look it up online. Its called cash for keys and may be extremely beneficial to you. You are also avoiding lawyer fees and an elongated process with this.

Evicting tenants- process??

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