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View Full Version : Has anyone had to givve an eviction notice?



Hulamoon
June 28th, 2015, 04:32 PM
After a lot of petty problems and this last one I had to ask my realtor for advice. She said I could raise the rent beause the market went up so much by a lot. She said it was best to say are you selling. Before they moved in they asked for a lower rate and she said no. For three years they have been trying with stupid stuff. I don't want to do this before Christmas, I would feel horrible.

I don't know what to say to them.

K. McEuen
June 28th, 2015, 04:41 PM
Do they have a lease? Are they just renting on a month to month basis? If you aren't breaking a lease you don't need a formal eviction notice, you just need to tell them you aren't renewing their lease and they have XX number of days or months to vacate.

Sandy Navas
June 28th, 2015, 05:51 PM
BE STRONG. We'll get you on Judge Judy if necessary.

(wonder if this would work with someone erecting a tent and squatting???)

Dollyquilts
June 28th, 2015, 06:33 PM
I have. I had some tenants that didn't want to let me have some repairs done that were causing recurring leaks. I know I had every right to insist, but they had been so nasty in the past that I just decided it was easier to evict. Their lease was up and they were month to month. They were not pleased, but they didn't give me a problem about vacating. I gave them 30 days' notice. Barb can probably pop in and give you some advice.

shirleyknot
June 28th, 2015, 07:13 PM
Do they have a lease? Are they just renting on a month to month basis? If you aren't breaking a lease you don't need a formal eviction notice, you just need to tell them you aren't renewing their lease and they have XX number of days or months to vacate.

This^^. I have done it with a renter that consistently had one lame excuse after another why half the rent would be late. VERY late. That's one third of my income, and I'm not messing around.

Suzette
June 28th, 2015, 08:12 PM
I can appreciate your feelings about this, but really it's as simple as telling them that you will not be renewing their lease once it runs out and they have X amount of days to vacate the premises. You could give them a reason (either the real one or make one up) but it won't change the fact that they have to move out, so I wouldn't worry too much about that aspect. It's your property and since it sounds like they have not been very good tenants, you really don't owe them any explanation unless you want to give them one.

Best of luck!

rebeccas-sewing
June 29th, 2015, 03:40 AM
I agree that you do not owe them any explanation. They should be able to figure out on their own why you want them out. Sounds to me like they don't deserve any explanation. After all, this is a business arrangement. I'm assuming there is a lease so simply telling them you won't be renewing it is enough. I wouldn't give them any more notice than legally necessary. If they know you are making them leave you may have trouble getting them to pay their rent for the time remaining. Most likely they will wait until the last minute to make other arrangements anyway so giving them extra notice probably won't benefit them and may cause you problems getting paid.

I assume there is a signed lease. What does your lease say? I would imagine it includes such things as - the rent is expected to be paid on a certain date. If the tenant fails to pay rent on time for more than a certain period of time it is cause for eviction. Dollyquilts mentioned difficulty getting access to the premises to make repairs on her rental property. Seems like that should also be in the lease - something along the lines of - landlord must at all times have access to the premises for making any repairs deemed necessary. I'm no expert but it just seems like common sense to me.

Bubby
June 29th, 2015, 08:17 AM
Lorie, It depends on the landlord/tenant laws of your state. In Missouri the only way a person can be evicted is if we get a court order. If your tenant has a lease you need to comply with the lease. If they are month-to-month renters I would give them 30 days written notice to have themselves and all their belongings moved out. When we give a 30 day notice we have it served to them by a process server so they can't say they didn't get the notice. You can pm me for other options or if you have questions. Unfortunately, many renters make it really hard to get them out. By stalling they can get a few months free rent just by not paying and then you have to go to court to enforce the lease and even then you seldom get the actual back rent. This really is not a simple, common sense matter...ask me how I know.

Hulamoon
June 29th, 2015, 12:07 PM
I don't really have a big problem with the tenents, I haven't even met them. The realator and I did everything by email,including the lease papers. What it's coming down to is they try and find way's to reduce the rent payment. One example is they said animals are under the house, most likely raccoons."we don't want the house to get ruined" I said get three estimates. They got one. Then I never heard back. Another is the front window broke and they wanted me to pay for it when their dog did it. She told me that they have to think about their child. Umm,don't let the dog jump on the windows. This house is from the thirties and that window couldn't be replaced with that old swirly glass.The type that has rope pullys. I was upset for weeks

There was a pattern developing. So in this last one they said the ice maker caused some sort of water leakage to the floor. I couldn't find the lease papers about appliances and when I asked my realator about it it she said you know the market went up for single family homes.You could get $600 more and I have a perfect couple that will pay it.

So on one hand they aren't awful and on the other this is my main income.

She suggested to get them out, rather than raising the rent.

Altairss
June 29th, 2015, 01:05 PM
With that type of renter it may well be that they will push and push and keep pushing to see what they can get or get away with. They are setting a pattern but with rentals things do go wrong and sometimes its just a string of things. Look at your lease see what you are responsible for and what they are make sure everything is spelled out.

What are the eviction laws in your state they can really work against you in getting someone out. If the lease is up you can raise the rent and go to a month to month with them and see what happens you can also go with a much more outlined lease so they will have it spelt out what they are responsible for. Sometimes renters are just clueless and figure the landlord takes care of everything and need to be clued in.

Added income is nice but at the same time I see so many renters getting pushed out of rentals due to the sudden upsweep in cost in area rentals. In the end do what feels good to you. If these guys are stressing you out make some changes that lets them know they either shape up or out they go or you can just get them out. Some times if you just raise the rent with appropriate notice based on your laws they will get out anyway. Good luck!

Bubby
June 29th, 2015, 01:06 PM
Lorie, If you don't have a copy of the lease, get one from the realtor asap. If there is a lease and it has ended and the tenants are being allowed to live there month-to-month (not a good idea) then they can be given notice to move out. We give our tenants 30 days to move out because that's required by law in our state. The rent amount as stated on the lease should not be negotiable for the term of the lease. Repairs need to be taken care of. There is such a thing as 'normal wear and tear' and then there is damage. You will have to determine what qualifies as damage. We don't allow any pets any more, but it was an ongoing nightmare when we did and it cost us thousands of $$ to restore apartments where pets had lived.

You need to understand tenant/landlord rights in your state. Normally the Attorney General for each state has booklets you can request free of charge. I provide one of these booklets to every tenant who rents from us. It, along with their lease, outlines the rights and responsibilities of all parties.

bubba
June 29th, 2015, 09:23 PM
I have never had to evict anyone because we do not have a rental property. In the county we live, there is a civil section of the Sheriff's department and for a fee, they serve the papers and in some cases, they stand by while items are removed from the houses if the renters won't leave. I'd start with asking your realtor if there is an agency like that for where the house in question is and then contact them with any questions. Since it sounds like you are paying a realtor to manage your property, they should be able to take care of this problem for you.

SusieMcS
July 4th, 2015, 04:34 AM
Check your lease and check the laws. In California if a tenant lives in a rental for more then a year we're required to give 60 day notice to vacate.
Rental.prices are going up. These tenant's sound destructive or careless at best. Broken windows and water damage are not little items.
Save yourself some money and trouble once the Lease
is up serve them notice to vacate. Get tenant's who will pay the market rent and take care of your investment.

redcaboose1717
July 4th, 2015, 03:00 PM
I am sure that these people have most likely tried what they are doing to other landlords......I have never not had a lease renewed when we rented 30 some years ago....in fact a couple of places we lived in while my DH Terry was in the Army & then when he went on to college to get his Electrical Engineering degree, a couple of the landlords asked me after we moved out if I would consider cleaning vacated apartments, which I did for about 20 months while DH was in college, ( and I don't mind telling you I wouldn't clean apartments again for anything ! I actually thought most people left their apartments as clean as I did when they left...yeah right )

You don't OWE them an explanation ....just have your relator draft them a letter that they have to vacate the house. I think I would put the reasons ( late payments etc ) in the letter so they "know" exactly why ....then there's no hard to handle phone calls etc.
My BFF's family rented out her dad's house when her dad remarried after her mom passed. They even put it in the lease that the family ( usually it was the oldest brother ) had the option to inspect the property at will. Of course I understand "ALL " states aren't the same when it comes to renting etc......I had another friend that purchased a duplex when they purchased their first home, and they lived in the bottom of the two-story duplex. They rented out the upstairs apartment for 4-5 yrs, and then decided to open up the entire house...thus they didn't re-new the last tenant's lease. ( not only that, the man that rented from them overflowed the bath tub at least twice, causing water damage to the lower apartment my friends lived in...grrrr.....
One last thing....while my BFF's dad rented out his 2 bedroom house ...I believe he had insurance on the house as well....maybe you should think about insurance so that when things do go wrong you can have them replaced ( such as the window etc. )

My oldest son would love to live in Hawaii ....he went there last year with a couple of friends, and when they were there ( I think they were in Maui ? ) he called and said he was seriously thinking about staying.....He is a long haul trucker and could probably get a job most anywhere...!!!! While I was excited for him, I really am glad he decided to come back home....but he still occasionally talks of all the sights he seen, the beautiful country etc....

Hope things work out for you !!!