Profile picture for user4289006

my tenant is a month behind in rent. she is moving but keeps delaying it. we have given her a letter

Feb she asked not to renew her year lease because she was buying a condo and moving out in May, then it was June, then it was July. Then she asked for a few days. then she said it would be later but refuse to pay rent. Then she gave us a date that she would be moving out July 21st and 22nd. So we asked if we could take pictures and and advertise it. She agreed and we set a time. Next she said she needed to stay longer. We told her she had to pay a months rent she indicated she needed the money to move. Meanwhile we said we were having new vinyl put in on the 23rd and was showing the house on the 24th and 25th. She agreed. We were still asking for rent with no success. Now she says her privacy has been violate because of the pictures and she will not agree to let anyone in the house to fix or show the house. And I think she won't be leaving for even longer. We have wrote one letter now we are going to give her a notice and proceed to evict but we really need to keep those appointments and also get the work done to the house.

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July 21 2012 - US
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Profile picture for wetdawgs
Every landlord needs an attorney who they can consult with in situations like this.  Please call Monday morning.

You are incredibly patient for not filing for eviction more than a month ago.   Unfortunately she thinks she's found a kind landlord who won't enforce the rules and the law, and can twist you around to give to her generously.  (Its nicer to give to charities of one's choice).  After almost two months of not paying rent,  she's clearly a squatter and still trying to get more from you and there is no end in site.    She's countering with threats probably because she knows she has no basis (hence the importance of your documentation).

A combination of sweetness and big sticks:  

I'll pay a moving service $500 to have you out by the end of the day 7/22.  (Don't hand her the money, pay the movers or pay the storage unit place).

Sticks: If you don't comply:  I have filed for legal eviction, will report your failure to pay rent to all three credits bureaus and will take you to small claims court for failure to pay two months of rent. 

I hope you filed the eviction already.   While I err  on the side of being too patient as a landlord,  I do know landlord rights and I've been known to take people to small claims court for failure to pay rent because I also have bills to pay.  In addition, if you don't know how to file reports with the credit bureaus, please study up.   (Don't threaten with sticks if not prepared to use them, but remember she's not likely to be out of there for several months or longer if you don't act strongly now.)

I currently have a tenant who has pushed her moving date out more than once, but that's fine because she's paying monthly rent on time, lets us know with more than a month's notice.    That's playing by the rules.    We know the reason for her delay, and are happy to have her.
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July 21 2012
Profile picture for SoCal Engr
May...June...July...not sure. This person is not "buying", she's "trying to buy". Without knowing anything about her side of the deal, if she was actually under contract (i.e., "buying" vice "looking") then she'd have a much better idea of when she was moving out - and all of her money would already be in place (i.e., wouldn't be needing to "save money" on your back).

Personally, I'm just enough of a slime-ball that I'd use the "I'm really happy for you - what can I do to help?" approach. I say "slime-ball" because the only reason to offer help is to try and find out what they're really doing - so that I can plan how best to get them out of my life.
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July 21 2012
Profile picture for user4289006

First it was June then July now she's not sure and she won't pay any rent. We advised her that if she didn't know when exactly she was moving to pay us rent, which in a few days will be two months rent. She has given us two actual dates that she was going to move out and then she keeps changing it. She needs to move out and store her items and get a motel. Both ways she says cost money and she needs that money to move. It's not like she's broke or has children.

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July 21 2012
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WOW maybe that's why she is changing her attitude to be demanding insteat of asking for our help. She said she will not allowed anyone in that house to fix or show. Which I've found out since then that she can't do. And even though she gave us permission to take pictures she says we violated her privacy. We have all the texts that she sent and we're going to download them to the computer and print them up. Thanks for your help. I can use all the information I can get on what to do.
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July 21 2012
SoCal_Engr advised a good move, but user428006 faces to another problem, the tenant expects to move in a few months (?), I don't know where she can go since there is no landlord who may give her a rent with only one or two months rent, unless she rents a motel but she really didn't know if she even gets a mortgage to buy a home therefore the timeline for her to move is unknown.
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July 21 2012
Profile picture for wetdawgs
Pre-approved doesn't mean approved.   Most lenders pull credit reports a day or two before closing.
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July 21 2012
Profile picture for SoCal Engr

While preparing the stick (eviction), try a carrot. She's already demonstrated a lack of conscience, and the eviction process can take some effort (as well as have some protections for the renter that you may not have anticipated).

Offer her a cash incentive to move out by an agreed upon date. It's rewarding bad behavior, but it could get her out of your hair sooner (and easier, and possibly cheaper) than the eviction. As a sweetener (and "shot across the bow"), you might casually mention that you'll also not file a complaint with the credit bureaus about the late payments.

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July 21 2012
Profile picture for user4289006
She was preapproved for her loan.
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July 21 2012
I agreed with Wetdawgs, however harder for her to get a mortgage longer for her likely to stay in the user4289006's rental home.
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July 21 2012
Profile picture for wetdawgs
You've been more than generous, and she's taking advantage of every bit she can.     Proceed with the eviction, report her failure to pay rent to the credit bureaus (quickly, so they hang up her getting a loan for her purchase) and document, document, document.

Pull out the state's laws about non-emergency access and the amount and type of notice you have to give. Comply with it precisely.   Touch base with your attorney.   Be prepared for using your key for access.
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July 21 2012

It really depends on what state you are in, but in Michigan under the Residential Tenancies Act (the Act) it allows a landlord to enter a tenant's unit only under specific circumstances. In most cases, the landlord must first give the tenant 24 hours written notice, stating when they will enter and for what reason. There are some exceptions, however, such as in the case of an emergency or if the tenant agrees to allow the landlord to enter the unit.

If the landlord enters the tenant's unit as allowed by the Act, the tenant cannot refuse to let the landlord in. If the tenant does not let the landlord in, the landlord can give them a notice of termination claiming that the tenant is interfering with their lawful rights. A Member could order the tenant's eviction for this reason. Also, interfering with a landlord's lawful right is an offence under the Act, and the tenant could be prosecuted.

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July 21 2012
 
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