Tenant who is unable to vacate? Start eviction process?

Tenant who is unable to vacate? Start eviction process?

Property Manager · Westminster, CO · Member since 2018 · 486 posts · 110 votes

I currently have an issue with a tenant that I have been trying to remove since May (that's when their lease was over). Due to the moratoriums, they are currently month-to-month. My PM sent the 30 day notice on June 30th. Today, I was made aware that she was unsuccessful finding a new place due to her credit score. She stated that she filled out several application with no luck. She said there is a apartment complex that may take her because they do not make their decision based on credit score alone. She's not a good tenant. She doesn't care about the property nor does she care about maintaining it. I've tried to maintain some of the maintenance out of my own pocket. I do plan on taking that portion from her deposit. My PM told her that if she does not find a place by end of July that we will start the eviction process. This worried her a lot as it should have. She texted me and told me that she needs to stay until end of August in hopes that this new complex will take her. She said she is willing to pay extra to stay. My issue is this: I need my place back so I can clean it up and make it look presentable for the appraiser because I want to cash out refi. This was my goal at the beginning of Spring. If no one is willing to take her now, I do not see that changing in the next month. I do want to start the eviction process and have her out by end of August for sure (contingent on her not finding a new place by the end of this month). If they do not accept her and I start the eviction process, I'm worried she'll trash my place even more. So do I have her stay another month, pay the increase, and help her find a place (we have gave her some options already) or do I start the eviction process and hope that the damages are reversible? What's the best strategy or approach? My PM suggests that she stays and pays without evicting her because evicting isn't free. I just do not see that as a viable option. How do I get my property back under my possession? 

Thank you, 

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Investor · Malakoff, TX · Member since 2017 · 2k+ posts · 2k+ votes
5y

You're running a business, not a charity. No reasons, stories, etc a tenant gives you make any difference. When a tenants lease is up, if they don't leave, you evict. Period. I'd you don't, in the future you'll be wondering why you never made money in real estate.

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  • Bjorn AhlbladPro Member
    Investor · Shelton, WA · Member since 2017 · 6k+ posts · 6k+ votes
    5y

    @Nadir M. answers will depend largely on where your property is located Nadir.

  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    5y

    You can't keep kicking this can down the road. What if it takes her six months to find another place?

    Talk to an attorney and see what your options are based on the local laws.

    The DIY Landlord Book4.7248 Reviews
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    5y

    Tell her no and that you need the place for Aug 1.  If your PM placed her, then does he or she have any other units that they can rent to her?  She's just going to keep kicking the problem down the road trying to buy time.  Clearly there are people who will rent to her with her bad credit....your PM did.

  • Property Manager · Westminster, CO · Member since 2018 · 486 posts · 110 votes
    5y

    @Bjorn Ahlblad

    Nebraska. Tenant friendly :(

  • Property Manager · Westminster, CO · Member since 2018 · 486 posts · 110 votes
    5y

    @Theresa Harris

    I was to propose they see if they have a place but i wouldn’t know why her would take her on and continue to deal with her. They’re the ones that placed her in the first place

  • Property Manager · Westminster, CO · Member since 2018 · 486 posts · 110 votes
    5y

    @Nathan G.

    My thoughts exactly. Nebraska is a tenant friendly state, not sure how far in court this will go

  • Real Estate Broker · Rochester Hills, MI · Member since 2009 · 2k+ posts · 2k+ votes
    5y

    @Nadir M. You never know until you try.  What you do not with 100% confidence is that what you have been doing isn't working.  I would immediately try your hand in court. But I would talk to an attorney that handles evictions locally and not do this on your own.  They can help you make decisions to achieve your end goals and objectives.  

  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    5y
    Originally posted by @Nadir M.:

    @Theresa Harris

    I was to propose they see if they have a place but i wouldn’t know why her would take her on and continue to deal with her. They’re the ones that placed her in the first place

     I'd also suggest you just give her the hard deadline and stick to it.  Stop having conversations with her as she's just going to get you to change your mind.

  • Investor · Malakoff, TX · Member since 2017 · 2k+ posts · 2k+ votes
    5y

    You're running a business, not a charity. No reasons, stories, etc a tenant gives you make any difference. When a tenants lease is up, if they don't leave, you evict. Period. I'd you don't, in the future you'll be wondering why you never made money in real estate.

  • Member since 2020 · 12 posts · 3 votes
    5y

    I'd start the eviction process and advise your tenet to apply for section 8 if she can't find a place to take her in, due to her credit score.

  • John MorganPro Member
    Rental Property Investor · Grand Prairie, TX · Member since 2018 · 2k+ posts · 2k+ votes
    5y

    @Nadir M.

    I’m in a situation similar. Her lease runs up at the end of the month. I raised her rent from 1675 to $1800/month and need $ from the damage she’s already done. I told her it would be a month to month lease. So if she gets behind again or doesn’t maintain the place then I boot her right away. And I will have her evicted.

  • Property Manager · Westminster, CO · Member since 2018 · 486 posts · 110 votes
    5y

    @John Morgan

    So today is the day I took over. She’s already paid the deposit and the prorated rent for the month. She filled out the move in move out report and there were some things on there that need to be fixed. Bathroom fan needs to be fixed. Some windows don’t open or close properly. Bathroom sink draining slow. Bathroom tub where it meets the ground needs to be caulked. All seemed like fixes that aren’t extensive or very costly. Maybe wear and tear type fixes. I’m positive about the transition

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