Update on a former trending topic-Renting to tenant w an eviction

Update on a former trending topic-Renting to tenant w an eviction

Real Estate Agent · Nashville, TN · Member since 2015 · 2k+ posts · 2k+ votes

About a year ago, I posted a question on BP that ended up being a trending topic. Here is the link to the original post if you want to go back and read it, but I will provide a quick summary if you don’t want to read through the whole thing.

https://www.biggerpockets.com/forums/52/topics/677478-would-you-take-a-tenant-with-a-prior-eviction

A tenant applied to one of our properties and she had an eviction on her record from 6.5 years ago. If she applied in 6 months time we wouldn’t have even seen the eviction on her record as it would have been gone. She was extremely good at communicating, and was completely on board when we asked her for two months of a deposit. She told us that the reason she had an eviction on her record was because she was living with her inlaws at the time and going through a divorce, and they filed an eviction against her to make things harder on her.

There was a ton of mixed comments on the thread, some saying they would never rent to a tenant with an eviction under any circumstances, others saying it sounds like there should not be any issue there.

A couple of the “big wigs” weighed in: @James Wise @thomasS @NathanG (I can't tag Thomas and Nathan as we are sadly not connected)

James Wise and Nathan gave the advice that we are trying to mitigate risk as much as possible and putting in a tenant with an eviction increases the chance of risk. Therefore, we should not rent to her.

Long story short……listen to James and Nathan.

This particular tenant wasn’t a professional tenant. That would be a vast understatement for her tenanting capabilities. She wrote the actual book on professional tenanting and teaches classes at Harvard and Yale on how to tenant.

She did not make a single rent payment for the 7 months that she lived there. It also took us that long to get her out.

She continued to communicate so, so well with us! Playing cat and mouse the whole time, telling us she has rent, come pick it up, story after story, after story. It took long enough for us to say we have had enough and offered cash for keys. She refused and so we went to file an eviction.

We went through the process of an eviction and when we were scheduled to file the exact court date the attorney notified us that he filed the eviction for the wrong address. This is kind of sheer dumb luck, but we had to start all over again from the start as a result.

After another eternity of legal stuff, the tenant was to be served with a notice to appear in court for their eviction hearing. Only issue….she was arrested for a different charge and so we couldn’t quite serve the notice until she was out of jail.

Once all that good stuff was done, we got her served, showed up in court, judge was happy to grant the eviction. She did not move out and so we had to schedule her physical eviction with the Sherrif’s dept. At the time they were quite backed up, so took a while for us to get the date.

In the end she was physically removed from the property under the oversite of the Sherriff’s office.

Later that day, went to go get her stuff and informed us how we destroyed all of her belongings, poured her mom’s ashes over her couch and poured black grease over her cat. Claims she has pictures of it all and is filing a lawsuit with her attorney. Of course there is no picture evidence of an event that never happened and never heard from her again.

The unit had been renovated before she moved in, and needed a complete overhaul after she left.

The good news out of all of this……

I learned an important lesson.

“Experience is a dear teacher, but fools will learn at no other” – Ben Franklin

DON’T BE A FOOL!

1Reply
37 views

Most Popular Reply

Real Estate Broker · Cleveland Dayton Cincinnati Toledo Columbus & Akron, OH · Member since 2013 · 30k+ posts · 20k+ votes
6y
Originally posted by @Luka Milicevic:

About a year ago, I posted a question on BP that ended up being a trending topic. Here is the link to the original post if you want to go back and read it, but I will provide a quick summary if you don’t want to read through the whole thing.

https://www.biggerpockets.com/forums/52/topics/677478-would-you-take-a-tenant-with-a-prior-eviction

A tenant applied to one of our properties and she had an eviction on her record from 6.5 years ago. If she applied in 6 months time we wouldn’t have even seen the eviction on her record as it would have been gone. She was extremely good at communicating, and was completely on board when we asked her for two months of a deposit. She told us that the reason she had an eviction on her record was because she was living with her inlaws at the time and going through a divorce, and they filed an eviction against her to make things harder on her.

There was a ton of mixed comments on the thread, some saying they would never rent to a tenant with an eviction under any circumstances, others saying it sounds like there should not be any issue there.

A couple of the “big wigs” weighed in: @James Wise @thomasS @NathanG (I can't tag Thomas and Nathan as we are sadly not connected)

James Wise and Nathan gave the advice that we are trying to mitigate risk as much as possible and putting in a tenant with an eviction increases the chance of risk. Therefore, we should not rent to her.

Long story short……listen to James and Nathan.

This particular tenant wasn’t a professional tenant. That would be a vast understatement for her tenanting capabilities. She wrote the actual book on professional tenanting and teaches classes at Harvard and Yale on how to tenant.

She did not make a single rent payment for the 7 months that she lived there. It also took us that long to get her out.

She continued to communicate so, so well with us! Playing cat and mouse the whole time, telling us she has rent, come pick it up, story after story, after story. It took long enough for us to say we have had enough and offered cash for keys. She refused and so we went to file an eviction.

We went through the process of an eviction and when we were scheduled to file the exact court date the attorney notified us that he filed the eviction for the wrong address. This is kind of sheer dumb luck, but we had to start all over again from the start as a result.

After another eternity of legal stuff, the tenant was to be served with a notice to appear in court for their eviction hearing. Only issue….she was arrested for a different charge and so we couldn’t quite serve the notice until she was out of jail.

Once all that good stuff was done, we got her served, showed up in court, judge was happy to grant the eviction. She did not move out and so we had to schedule her physical eviction with the Sherrif’s dept. At the time they were quite backed up, so took a while for us to get the date.

In the end she was physically removed from the property under the oversite of the Sherriff’s office.

Later that day, went to go get her stuff and informed us how we destroyed all of her belongings, poured her mom’s ashes over her couch and poured black grease over her cat. Claims she has pictures of it all and is filing a lawsuit with her attorney. Of course there is no picture evidence of an event that never happened and never heard from her again.

The unit had been renovated before she moved in, and needed a complete overhaul after she left.

The good news out of all of this……

I learned an important lesson.

“Experience is a dear teacher, but fools will learn at no other” – Ben Franklin

DON’T BE A FOOL!

Yea we've all been there man. This is the moment in your life were you start to understand how the business really works. Next thing you know you'll be like me saying "Ho Ho Ho you gotta Go" on Christmas. Felt zero guilt throwing the tenant you see below out.

See this reply in the discussion

7 Replies

Jump to latestLatest
  • John UnderwoodPro Member
    Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
    6y

    I would done almost he same thing as you.

    1. Rented to her given the age of her last eviction.

    2. Doubled her deposit.

    In SC I can evict a tenant in about 30 days with no attorney and for $50.00. So she would not have gotten away with this here.

  • Real Estate Agent · Nashville, TN · Member since 2015 · 2k+ posts · 2k+ votes
    6y

    @John Underwood We were hit with some bad luck honestly which is why it took so long. Attorney filing the eviction for the wrong address and the tenant getting arrested during the process. 

  • Real Estate Broker · Cleveland Dayton Cincinnati Toledo Columbus & Akron, OH · Member since 2013 · 30k+ posts · 20k+ votes
    6y
    Originally posted by @Luka Milicevic:

    About a year ago, I posted a question on BP that ended up being a trending topic. Here is the link to the original post if you want to go back and read it, but I will provide a quick summary if you don’t want to read through the whole thing.

    https://www.biggerpockets.com/forums/52/topics/677478-would-you-take-a-tenant-with-a-prior-eviction

    A tenant applied to one of our properties and she had an eviction on her record from 6.5 years ago. If she applied in 6 months time we wouldn’t have even seen the eviction on her record as it would have been gone. She was extremely good at communicating, and was completely on board when we asked her for two months of a deposit. She told us that the reason she had an eviction on her record was because she was living with her inlaws at the time and going through a divorce, and they filed an eviction against her to make things harder on her.

    There was a ton of mixed comments on the thread, some saying they would never rent to a tenant with an eviction under any circumstances, others saying it sounds like there should not be any issue there.

    A couple of the “big wigs” weighed in: @James Wise @thomasS @NathanG (I can't tag Thomas and Nathan as we are sadly not connected)

    James Wise and Nathan gave the advice that we are trying to mitigate risk as much as possible and putting in a tenant with an eviction increases the chance of risk. Therefore, we should not rent to her.

    Long story short……listen to James and Nathan.

    This particular tenant wasn’t a professional tenant. That would be a vast understatement for her tenanting capabilities. She wrote the actual book on professional tenanting and teaches classes at Harvard and Yale on how to tenant.

    She did not make a single rent payment for the 7 months that she lived there. It also took us that long to get her out.

    She continued to communicate so, so well with us! Playing cat and mouse the whole time, telling us she has rent, come pick it up, story after story, after story. It took long enough for us to say we have had enough and offered cash for keys. She refused and so we went to file an eviction.

    We went through the process of an eviction and when we were scheduled to file the exact court date the attorney notified us that he filed the eviction for the wrong address. This is kind of sheer dumb luck, but we had to start all over again from the start as a result.

    After another eternity of legal stuff, the tenant was to be served with a notice to appear in court for their eviction hearing. Only issue….she was arrested for a different charge and so we couldn’t quite serve the notice until she was out of jail.

    Once all that good stuff was done, we got her served, showed up in court, judge was happy to grant the eviction. She did not move out and so we had to schedule her physical eviction with the Sherrif’s dept. At the time they were quite backed up, so took a while for us to get the date.

    In the end she was physically removed from the property under the oversite of the Sherriff’s office.

    Later that day, went to go get her stuff and informed us how we destroyed all of her belongings, poured her mom’s ashes over her couch and poured black grease over her cat. Claims she has pictures of it all and is filing a lawsuit with her attorney. Of course there is no picture evidence of an event that never happened and never heard from her again.

    The unit had been renovated before she moved in, and needed a complete overhaul after she left.

    The good news out of all of this……

    I learned an important lesson.

    “Experience is a dear teacher, but fools will learn at no other” – Ben Franklin

    DON’T BE A FOOL!

    Yea we've all been there man. This is the moment in your life were you start to understand how the business really works. Next thing you know you'll be like me saying "Ho Ho Ho you gotta Go" on Christmas. Felt zero guilt throwing the tenant you see below out.

  • Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
    6y
    Wow! I genuinely came in here expecting a feel good story...I wish I was right. If its any consolation, that sounds like a mistake I would have made...hopefully you take some solace in knowing I've learned from your experience. Unfortunately, these are the tuition fees in the school of hard knocks.
  • Real Estate Investor · Marysville, OH · Member since 2014 · 242 posts · 196 votes
    6y

    Am guessing if you looked up the filing for her eviction you would have found out that it wasn't actually her in-laws either.  Probably was a normal legit non-relative landlord.

  • Member since 2018 · 563 posts · 562 votes
    6y

    @Luka Milicevic

    Thanks for sharing the story, it's a tough lesson that I wish I could say that I have not learned the hard way. You did get the larger deposit, that was smart. Sometimes, when  you have lingering vacancy, or want to avoid that, it seems worth the risk, and sometimes it can work out... my take away is a reminder to evict sooner, especially with high risk tenant, maybe minimize the pain in the event the risk doesn't pay off.

    Anyway, best of luck and much prosperity!

  • Member since 2020 · 65 posts · 13 votes
    6y

    Thanks for sharing your experience so we can all learn from it.

    I wonder how she did not get another eviction in 6.5 years...

Join the conversationCreate a free account to reply, vote on answers and follow this thread.