Should i Evict late paying tenants that won't help with roaches?

Question

I bought a four unit property near Oh in June 2023 and inherited 4 tenants.  One tenant in particular has been late with rent every month since we have bought the property. They always have a story on why its late, and always promises to deliver the rent a certain date then tells me they needs a few more days.  They are typically 2-3 weeks late each month.  They are $300 below market rent, i just raised there rent $100 starting January 1st, but he has yet to make a payment including the increase.  Also, they have roaches and will not take the proper steps to help with getting rid of them.  We have had a vacant unit next door since the end of November because we don't want to move a new tenant in until the roaches are gone.  I even offered to rent them a POD to place out back to move all of there stuff in temporarily until we could rid the place of roaches because there unit is packed with stuff but they would never respond and wont help declutter or clean.  Once again this month they are a week late on rent but this time I went ahead and issued a 3 day notice to vacate and will have my attorney start the eviction process Monday.  I just want some opinions on if anyone would handle this a different way?   Thanks in advance for any input.

Adam Martin · Answer

No you should certainly not file eviction on these tenants.  When you file based on late rent or bad conditions they are going to get the opportunity to come up with the late rent or clean  up to help get rid of the bugs but I'm willing to bet if they are able to you will be in the same situation again shortly.  Many landlords on this site like m2m because either of you can terminate a lease for no reason or any reason at all, especially helpful with inherited tenants who you didn't screen and don't know.  Just send them either a 30 or 60 day notice of non renewal whatever is needed in your area and let that be that.  If they do not leave that is when you evict as holdover is not curable and you will win.  They had their chance and didn't take advantage of a landlord still offering a discount so now it's time to move on.  I honestly can't see a reason to keep them. They are not keeping up with the property, under mkt rent, pay late, and are so bad really they are getting over 1/2 off since you can't rent another unit until they clean up their act and won't.  I'm just curious on why you think there may be a redeeming chance as you asked if you should vs. how to get rid of them.  There are plenty of people who deserve quality housing and I'm not going to deprive them of that to support someone less than ideal in my property.

Bruce Woodruff · Answer

You have 2 reasons to get rid of him. Forget the roaches, he's continually late and that should be a lease-breaker right there...!

Get him out.

Marc Winter · Answer

2 steps to resolve:  #1 contract with a reputable pest exterminator and do the entire building (all 4 units) regularly;  #2  evict the late-paying tenant.

Leo R. · Answer

@James Back I've experienced late payments a few times (but luckily, it's a rare occurrence for me). In this situation, you 100% want to find the easiest legal way to part ways with the tenant, and pursue that strategy as fast as possible.

Your lease should have a comprehensive section describing what happens when a tenant is late on rent, and the fees that will be charged if rent is late. This section needs to be based on local laws about late rent fees. The laws about late fees, and whether a landlord can deduct late fees from a security deposit, are different in different states, so you'll need to design your lease accordingly so that it's not in violation of any local laws/regulations. Assuming your state allows you to charge late fees, charge the late fees exactly as described in your lease every time rent is late--no exceptions.  ...if your lease doesn't already have a section like that, have an attorney help you add one...

As others have mentioned, the late rent alone is reason enough to want to part ways with these tenants. Moreover, the situation with these tenants will probably only get worse, not better--in my experience, when a tenant is repeatedly late on rent, and is OK living in filth and with bugs, that's how they'll always be--they're not going to magically start being responsible, paying on time, and cleaning up your property.

You may not need to go through the whole process of eviction--there are often easier, faster ways to get a tenant to leave (e.g.; cash for keys)--but again, you need to follow your local laws on this topic...but, it's worth studying up on whether there are legal ways of getting a tenant to leave other than the full eviction process (I suggest that ALL landlords familiarize themselves with this, even if they've never had an issue with a tenant).

Once the tenant is out, rehab the property (which may include a deep clean or a more in-depth remodel), bring in the pest control guys to eradicate the roach problem, and try to bring the property up to a level that will attract responsible, reliable tenants who won't cause this type of problem again.

Good luck out there!

James Back · Answer

Adam, I appreciate the response.  I think more than anything i am just looking for validation of my choice to get rid of them as tenants.  A small part of me does feel bad for the timing as it is the middle of winter in Ohio so it's not an ideal time for them to move or be forced to find a new place, but i just keep reminding myself that I didn't cause this, and responses like yours validate my thoughts.  In my area of Ohio if a tenant is even one day late on rent you can give them a 3 day notice to vacate, and then go into eviction straight from that and the landlord will win the eviction every single time, the courts don't mess around with late rent.  Once a 3 day notice is served the landlord has no obligation to accept any form of payment.

James Back · Answer

Leo, thanks for the advice!  We are moving forward with an eviction today, not the ideal route, but the only one that will seem to work with this tenant.  I tried cash for keys but they were already requesting extra time to get out, and a contract to try to hold them to a date means nothing in my county unless we go through eviction.

Lorien Rollins · Answer

Oh yes, that's pretty bad, I'm so sorry! I had to get the tenants out too, and involve CPS, it was truly horrible. It sounds like NC needs to adopt some of OH's laws, haha. You're most welcome & best of luck.

Lorien Rollins · Answer

Hi, James!Eeeek. I have experienced this in the past with a tenant that lived on the third floor, and their infestation ran down into the second and first floor apartments below, as well as the neighboring third floor apartment - and ALL were occupied. So, first thing is first, you've addressed the pest issue, now it's time to hire a professional, serve notices to the tenants and (at least in NC) they cannot refuse treatment, they will be responsible for the bill. Next, the issue on nonpayment. I did a little research on the rules for OH and from what I found it's similar to NC, the grace period looks to be 3-days versus our 5-days. So you have started on the right track! Fill out the paperwork, serve the tenant, attend trial (unless they leave willingly), and wait for judgement. Did you maintain the lease agreements that were in place when you purchased the property/inherited the tenants or did you begin new? I'd be happy to hop on a call or discuss via email to assist any way I can! Goes without saying, I would get pest control in there ASAP. Good luck!

James Back · Answer

Laura, the tenant was inherited with no lease so we are operating them month to month.  I am pursuing eviction based on just the late rent payment with no mention of anything to do with roaches.  I am just wondering if getting them out is my best option at this point.

Should i Evict late paying tenants that won't help with roaches?

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