Help ! I need to Get Rid Of Bad Tenant! (Long) - Posted by Buddy

Posted by DanT on July 16, 2001 at 05:59:36:


Help ! I need to Get Rid Of Bad Tenant! (Long) - Posted by Buddy

Posted by Buddy on July 15, 2001 at 20:50:53:

I live in Virginia. I have notified my tenant that I will not renew his lease and given him his 60 day notice. He is mad because I his lease stated that $200/mo would be applied to the purchase price if he purchased the property during the term of the lease (the lease expired months ago). I know that I should have made a new lease, but I didnt, and he has been staying on month to month until I gave him notice to Vacate by the end of August (My lease stated that I give him 60 days notice). Well, now he has filed a bogus deficiency summons in the local court, trying to get out of paying his two months rent. He has torn the place up and I have all the documentation to prove it. I do not want to get into a petty who shot John contest with this loser (his girlfriend is a paralegal and they are really sneaky trying to stay on in the house and trying to get me to refund them $200/mo for the last 30 months or so (I’m not worried about that part because it clearly states that this credit is only given if they purchase the house) . All I want is this…I want him out, I want him to pay the rent due, and I want to be able to charge him for the damage he has caused. I am filing a pay or quit notice in the morning (5 day pay or quit) and will follow that up with a sherrif’s warrant if he has not paid in 5 days. Any other brilliant suggestions? I know I messed by letting him go month to month after the lease expired up but need help getting out! Thanks!

Re: Help ! I need to Get Rid Of Bad Tenant! (Long) - Posted by JohnBoy

Posted by JohnBoy on July 16, 2001 at 10:07:41:

Just curious?

You say your lease provided them with a $200 per month credit towards buying the property if they purchased it. Was this in the actual lease agreement or did you have a separate option agreement with them? Hopefully you used separate contracts. If not, you may be forced to honor everything in the lease agreement. In my state when a lease expires and the tenant stays over renting the property, the lease automatically converts to a month to month and all terms of the original lease agreement remain in effect, only instead of a year lease it’s just a month to month.

If you used separate agreements, one for just a lease and one for just an option, then if the option agreement expired it should have nothing to do with the on going month to month.

I would also “think” that even if you were bound to honor the option with the lease carrying over as a month to month, then the tenant has the option to purchase the property within the 60 days notice you gave them or lose any rent credits and their option to buy once the 60 days is up. That is just my opinion. I’m not an attorney.

You really need to get with an attorney to go over this with you and look over the lease you have with the tenants.

It all depends on local statutes… - Posted by BR

Posted by BR on July 16, 2001 at 08:38:10:

which btw, you should know like the back of your hand if you plan to be in this biz. My state has landlord friendly statutes and I believe Virginia does also. I’d seek the advice of local council. I would NOT depend on advice from people in other states.

Re: I’m not an attorney like Bill Bronckick but… - Posted by Lori Samson

Posted by Lori Samson on July 15, 2001 at 22:28:05:

I had a similar situation with a contract for deed that I canceled and evicted. They walked straight out of the court room and then they filed an appeal.I should have known I was in trouble. Eight months after they lived in the property for free while my attorney and their attorney kept making offers back and forth I realized a fact of real estate life…
know when to fold!

My attorney told me a story about a hundred dollar bill that was being auctioned. The rules were simple and went like this:
Each person can bid. If you are the highest bidder you get the hundred dollar bill. If you lose the bid you have to pay what ever was your last bid. (think about it) The bidding goes on until they reach 100. Now the one who bids 101 at least gets the 100 and only pays 1 dollar to get the 100. But, the one who loses now will have to pay 100. So, they both don’t want to have to lose any money so they keep bidding…How high will they bid before they see the insanity of it?

Can you get the picture here? If you get into a bidding war with attorneys involved, no matter who is in the right, you are going to lose something just to prove you were in the right.

After losing 14k and I paid the tenant to leave.Now figure that they owed me over 9k plus 6k in attorney fees but I gave them money to call the bidding war off! Would you believe, in the very beginning they offered me to only pay them 1000 to make them leave and I was so out-raged at the very nerve of them, who owed me money, to ask ME for money! Now, I know it’s better to pay them to leave at the very beginning and swallow up that pride quickly to get them out! Count your blessings it didn’t go on for a long time.

My advice is to offer them 500 dollars to get out if they are still pursuing with an attorney.If they still don’t get out offer 1000 and put the money with a trustee and they can’t get it until they are out.I know you are moaning at the very thought but I’m telling you that if you have a problem that has caused them to go to an attorney when they are in the wrong… you’ll be headed to the bank paying them or attorneys money when you could have wiped the dust off your feet and moved on. We all experience a lose in real estate from time to time. Expect it and prepare to move on quickly!


Emotions do run high at times - Posted by SusanL.–FL

Posted by SusanL.–FL on July 17, 2001 at 11:12:02:

I agree with your advice, Lori.

I’ve ALSO had my ‘female emotions’ get in the way of things. But…over the course of time (and having to learn a few things the HARD way in a few deals), I’ve “discovered” – 'tis BEST to cut your losses quickly and just get on with your life!

I agree… - Posted by JHyre in TexOhio

Posted by JHyre in TexOhio on July 16, 2001 at 15:59:55:

Sometimes the “principle of the thing” means I’m willing to fight hard & nasty…but generally a business decision means minimize losses and move on…unpalatable as it may be.

John Hyre