Can you legally threaten a tenant with charges?

Question

Tenant is violating contract and staying past lease date

Can I make LEGAL threats to them?

“ I will be calling police for trespassing “

Etc?

Account Closed · Answer

You have the right to call the police. There is no issue with that. But their response will be that it is a "civil" matter not a "criminal" matter unless you file a criminal complaint (if they will even take a criminal complaint, depending on the circumstances.) The way to normally handle this, (pre Faux Covid-19, malarky) is to hire an attorney to evict. You should talk to an eviction attorney to see if this applies in your situation.

Anna Sagatelova · Answer

@Cameron Riley this is definitely a frustrating position to be in as an investor, but I really don't recommend going that route:

1) They are not trespassing

2) Threats rarely get you the desired results and usually just incite the tenants to leave your property in especially poor condition when they do eventually move

3) It's especially counterproductive to threaten a tenant with something that is factually inaccurate, such as calling a holdover tenancy "trespassing" and mistaking it for a police/criminal matter

4) You should contact an experienced eviction attorney to understand your options and the likely timeline and cost of this process

5) Some people will tell you to offer cash for keys, I generally think this is a poor option and rewards bad behavior

6) I recommend checking out property management options in your area so that next time the matter can be handled effectively and efficiently within the parameters of the relevant law and regulations and without the emotional investment that leads to wanting to make threats

Good luck!

Mike Cumbie · Answer

Just file the eviction paperwork in accordance with local laws. I wouldn't even call, just post proper notices. There is no reason to call and threaten or get into arguments with them. Spend that time doing something that lowers your blood pressure instead.

Wayne Brooks · Answer

It’s no trespassing.

Adam Martin · Answer

I would just have an honest conversation with them to find out why they are overstaying.  The reason they are leaving will play a role if they are being evicted or termed for cause vs. them leaving on their own for a new place that may be running late.  Assuming things have been in good shape up to now just ask them why they are not leaving and when they plan to leave.  It could be a simple misunderstanding, charge them an increased daily rate and follow up with a cure or quit notice for the day they say they will be out and start eviction.  Now if it is the opposite where they are leaving on bad terms just post the cure or quit based on the lease ending and file for eviction as soon as your state allows, hopefully this will scare them out.  I am never a fan of threatening something I can't back up since I feel it leaves a bad precedent so I wouldn't threaten to involve the police unless you have an actual criminal complaint to follow.  Have you already lined up new tenants because that can add another level of complexity.

Filipe Pereira · Answer

You should definitely take @Anna Sagatelova's advice here. Doing this will further irritate the tenant most likely, and might make them want to retaliate. If you stick around here long enough, you will hear some horror stories of tenants ticked off. I've heard of people leaving dead fish in the wall, putting concrete down drains, Etc. All of these will most likely cost you more than your typical eviction.

Do it the right way now and save yourself a ton of headaches later on. It's a crappy part of the business, but that's just what it is, business.

James Hamling · Answer

I have found threatening tenants is the #1 best quickest way to earn interesting and unique stories such as; "I had this tenant pour cement down my drains once", or the classic "how did they smear poop there....".

GIGO, Garbage In, Garbage Out. You don't have to like the situation, or swallowing the pride and playing nice to a d-bag who dosn't deserve it, you just gotta like the net results and that's gotta be enough, smile and play nice, because the alternative is not worth it.

Steve Morris · Answer

Realize if the tenant wants to get nasty and call the local housing people, the govt will side with tenants 99% of the time.  Some places considering menacing and intimidation borderline behavior.

Get a good landlord rep atty and take plenty of notes for future reference.

Paul Shannon · Answer

I would check eviction laws of the state the property in as a start.  I would not threaten the tenant.  Stay neutral and don't get emotional at all.  Contact a real estate attorney to handle the formalities and dirty work.

Can you legally threaten a tenant with charges?

Most Popular Reply