Posted by john on August 29, 2004 at 14:22:38:
You should have filed on the 6th.
Go down Monday and file, but it will be late Sept. or Oct. before they are out, depending on where your at.
You could offer them $$$ to get out by the 1st.
( HOW TO EVICT QUICK ) - Posted by Travis
Posted by Travis on August 29, 2004 at 13:57:47:
I have a tenant whose lease is up AUG.31st. They decided not to renew their lease on AUG.20th. I still have not received rent for AUG. And also the lease says nothing about going to a month to month lease after the lease was up. I need to know if they have to be out by AUG.31st or if I have to give them an eviction notice that will allow them to stay in the house until late SEP. without paying any rent.
I’m a first time investor and need to get these people out quick. Any response would be very helpful, also my state is Michigan if that’s any help.
Re: ( HOW TO EVICT QUICK ) - Posted by eric-fl
Posted by eric-fl on August 31, 2004 at 11:17:58:
Always remember, “Possessions is 9/10 of the law”. One of the few cliches that is true. If they don’t move out at the end of their lease, and you haven’t renewed, this is called a “tenant holding over” situation, and you still have to evict for it. Check your state statutes, some states specifically address what is to be done in a “tenant holding over” situation. Hopefully, they’re just planning to shaft you on the last month’s rent, with the idea in their head that, “what’re you gonna do? Evict?” That doesn’t matter to them, if they are moving out anyway.
Have you asked them what their plans are? If they give you something like “you can take the last rent out of the security deposit”, or “we’re moving out, but we’re not paying because of (insert excuse here)”, then it’s time for the carrot/stick approach.
The carrot, as others have indicated below, is that you will give them $200 AND pay for their moving van, IF they move out, THIS WEEKEND. The stick is that if they don’t pay the rent that is due, or move out, you will file for eviction immediately. Whether it is the last month or not is irrelvant. For one, they have a contractual obligation, per their lease, to pay the rent EVERY month, including the last month, right? Plus, if they hold over, you’ll have to evict anyway, so you might as well get started now. Explain to them that, if they don’t pay or move now, even if they move before being officially evicted, you will still get a judgement against them in court for back rent, and any damages. If their response is “so what”, go on to explain to them that you will a) CERTIFY your copy of the judgement, so that it will attach to them personally, and prevent them from buying any property in the state for several years, and b) report this debt to all 3 of the major credit bureaus, which will then also show up, on their credit report, as an eviction, for the next several years. Explain it in the stance that, it will be really unhelpful to them to have both their credit report and public record destroyed, and gosh, you’re a nice guy and would really hate to see that happen to them, but golly gee, once you file for eviction, the case has to go through the court system, and at that point it will be out of your hands. You’re just trying to help, and you’d really hate to see them get hurt by this, but if they force you into the position where you are required to take legal action, at that point, it your hands will be tied. You get the idea.
Re: ( HOW TO EVICT QUICK ) - Posted by rm
Posted by rm on August 30, 2004 at 12:29:15:
You can give them a notice due to termination of tenancy.
If you haven’t done it before, best to get a good attorney who specializes in evictions.
If you need a referral, send me an e-mail.
Re: ( HOW TO EVICT QUICK ) - Posted by Jeremy
Posted by Jeremy on August 29, 2004 at 23:07:40:
Travis, I’m in Michigan too near Grand Rapids. You have 2 ways to go. If they are late right now you can go down to the county and get a 7 day pay or quit. They have to pay up in 7 days late fees and all. If they come up with the money, you have to let them stay unless you issue a 30 day notice. You can give them a 30 day notice to move right now (actually it’s an eviction notice). You don’t need a reason. If they weren’t late on the rent, you would have to wait until their lease was up. The difference is that you don’t have to let them stay if they come up with the money under the 30 day notice. If you want them out quick and you don’t think they will come up with the money, do the 7 day. There is also another form you can do where you get them to sign saying they owe you the money and if they will sign it, they have to move out. I have not done it, but know many that have. Ask about it at the county. That’s where you have to get your forms anyway. Hope this helps. Jeremy
Re: ( HOW TO EVICT QUICK ) - Posted by RichV(FL)
Posted by RichV(FL) on August 29, 2004 at 18:09:08:
Travis,
I do not know Michigan law but I agree with what John has said.
Get down to the county building and file. While you are there look up you local landlord/tenant laws and see where you stand.
Now I hate to do this with deadbeats but you can offer them some cash to get out asap. Tell them you already have found a new tenant for the place and want to move these people in as soon as you can.
I know it sucks to offer money to deadbeats but the key is to get your property back so you can start earning money on it again.
Great Success,
RichV(FL)