Bad Bad Tenant

[MauiChick]

We own a home in which we recently began to do our own renting out of it. Previously we had hired a management company.Foolishly, we allowed this man to rent our house with running a credit check on him.He has done nothing but compalin about everything from his electricity and water bills being too high to us charging him too much rent.Our original posting for the rent was mistakenly $75 less than what we needed.We did correct that, he signed a 2 year lease in agreement , but now is saying we cheated him.Now, his rent for this month is 17 days late, he sent a check that bounced and when we confronted him (via email only, he wont answer his phone) he tells us he is only sending half the rent, says he is giving us his 30 day notice and says to keep the security for what else is owed.He also claims he may cancel his own 30 day notification if he wants. He claims he has been a rental manager for years and advises us that we can evict him but it will be costly and he will fight it because of out "false" advertisement. He said the law is on the side of the tenant and he could drag this out forever. I just want him to go ahead and leave after the 30 days. He is not worth all this hassle.What should I do?

 

[Gail_in_Georgia]

Begin the eviction process following your states guidelines. It's fairly inexpensive to do the filing and in most cases, failure to pay rent is a pretty cut and dried reason to evict someone.

Then, when he's evicted file against him again for owed rent. This is typically done in Small Claims Court (check the monetary limits for your state). Again, the filing fees for this aren't exorbitant and an attorney is not required. Make sure you have the tenants new address so he can be served.

It is likely if you don't take the bull by the horns and begin the eviction process, your tenant will rescind his 30 day notice but still not pay the rent as this appears to be a game to him. He already knows he has new landlords that have let him get away with not paying the rent for 17 days this month (many an experienced landlord would have begun the eviction process when the rent was late by one day).

It might not seem so pleasant to him when he and all of his possessions are sitting on the curb after the eviction.

If you feel uncomfortable doing this, check out the costs of hiring an eviction attorney where you live.

Gail

 

[Michael Wechsler]

Gail beat me to it. I agree 100%. It takes just a mere idiot to realize that he can't have it both ways - 30 days notice he'll vacate (so you can find a tenant) that he can also cancel at will! Start the process, send him the three day notice and continue with the eviction process. Your discussion with him should be that, if he makes you go to court, the judge will not hesitate to award you every penny in damages you ask for thanks to his needlessly wasting everyone's time and money.