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All Forum Posts by: Carrie Nevins

Carrie Nevins has started 6 posts and replied 20 times.

Post: Remove tenant with no current lease

Carrie NevinsPosted
  • Denver, CO
  • Posts 20
  • Votes 1
Originally posted by @Kim Meredith Hampton:

@Carrie Nevins Unfortunately she is still a tenant and is considered a tenant at will and not a trespasser!

 So even though her tenancy is month to month and we sent the notice that we are not renewing, she is considered a tenant? At what point will this become squatting? 

Post: Remove tenant with no current lease

Carrie NevinsPosted
  • Denver, CO
  • Posts 20
  • Votes 1

My tenant signed her one year lease in August 2019, set to expire August 2020. In August 2020 I asked if she'd like to continue living in the residence on a month to month tenancy and she agreed. I should note that she argued about the original lease being limited to one year and expressed that she'd like to stay at least 5 years. 

October 2021 we have decided to sell the house and gave her a 30 day notice to vacate on October 15. She asked for an extension on October 29 and we agreed to extend through December 1. During this time frame she called and asked "what do we have to do to let her stay in the house for four more years." She has also repeatedly told me that she can't find anything on the market. 

At any rate, she has stopped responding to me as of last week and hasn't communicated anything regarding the move out. Since she doesn't technically have a current lease I'm curious what my rights are? I've done a little reading and it seems like this is considered tresspassing and I will still have to get a court order from a judge to remove her with a sheriff present. 

Can anyone confirm this or offer any further details in this type of scenario? The residence is located in the state if Missouri. Thanks!

Post: Reminder of month to month tenancy?

Carrie NevinsPosted
  • Denver, CO
  • Posts 20
  • Votes 1

My current tenant signed a lease beginning November 1, 2017 through May 1, 2019, however she paid for the first 12 months in advance. I am thinking of sending her a "friendly reminder" letter just stating that November 1 she will begin paying monthly, yada yada, and reminding her of the late fees and so forth. 

Is that appropriate or should I just see what happens? Also, should I just keep it informal? I was looking online for a template, but this scenario is an uncommon one.

Thanks!

Thanks, Alex. I was thinking of maybe amending the lease if she refuses to pay and giving her the option of paying me every month. Then starting the eviction process if it still goes unpaid. The only positive is that this tenant has a huge deposit, whereas the other tenants didn't, so I could use it towards the balance if she does leave.

I haven't spoken to her yet. I guess I was waiting to see if she would pay it before I had to, but this is the 3rd bill I have recieved with a past due balance.

The utilities are all in her name. The lease states that she is responsible for all of them. I'm specifically worried about the water and sewer, which are connected to the house, and which those companies have already threatened a lien on the property for past tenants who also never paid.

My tenant moved in last October and paid the year in advance. Her husband recently passed away and her house was paid in full, so she was able to pay using the money from the sale of her house. I've always had issues with tenants paying rent late, so i decided to take risk. 

However,  I've been receiving sewer bills for the past two months that are overdue. She hasn't paid a single one since she moved in, which leads me to believe she may not be paying others either. I'm going to call the utility companies and see if/how late she is. 

My question is, if she doesn't agree to take care of the balances in full, should i start the eviction process? 

I'm also worried that if I do start eviction she will try and get back at me (i.e. destroy the property). I am going to research laws in Missouri, but does anyone know how I would go about refunding the already paid rent if she does leave? Or if I am legally obligated to refund all of it before I assess any damages. 

No judgements please. She put on a very good show regarding her personality and type of person that she was and I have paid the price for that financially and mentally enough already.

Thanks in advance 

Hi Matt, 

You are correct, she is thinking that because she paid so much in advance she can throw her weight around. At this point, she can take it or leave it, but she agreed to live in the house as-is, so that is what she will get. 

Thank you all for your input. 

Hi Thomas, 

I'm not sure which decisions you are referring to, as the only thing that has really gone wrong was her decision to paint (which I have already dealt with and will be taking out of her deposit). I haven't given into any of her demands, was simply asking if others had evicted based on a lease violation such as this one. I'm not trying to make a future out of investing in real estate properties, so I really could care less if I "have what it takes." 

Thank you, Josh. I finally did say exactly what you suggested tonight. I have been trying to avoid bringing "emotions" into our relationship, but I honestly am just tired of being told how awful everything is for her. I told her that unless there is something that needs repair to not contact me anymore. :(