I have a tenant who has told me they sent me the rent and changed utilities into their name but has done neither. Tenant is living in my rental without paying rent and I pay utilities. I heard a good idea is to ask them to leave and offer to return deposit plus pay them a few hundred dollars. This sounds easier to me than eviction. If anyone has done that, could you tell me the best way to close that deal with the tenant? Should I write void on the lease and have them sign it? Do I need their signature on anything? Or if they leave the house, can I just rent it to someone else? My lease the tenant signed says once I give her written notice on failure to pay, then I may “declare the Term of Lease ended.” So it looks to me once I give tenant written notice on failure to pay and tenant leaves three days later, I am done and I don’t need any other paperwork. Does that sound right?
Why would you pay someone for STEALING FROM YOU? Do it the legal way. In the future, NEVER hand over the keys until the utilities are switched.
rsupplee,
I have a tenant who has told me they sent me the rent and changed utilities into their name but has done neither.
TENANTS LIE! TENANTS LIE EARLY AND OFTEN! In the future, you need to thoroughly screen all potential tenants and ALWAYS get the rent and the security deposit in full and in cash before signing the lease or giving the tenant the keys. You should also call the utility companies yourself to ensure that the utilities have been put in the tenant’s name before you sign the lease.
Yes, the tenant lied to you, but this is a SELF-INFLICTED WOUND.
I heard a good idea is to ask them to leave and offer to return deposit plus pay them a few hundred dollars.
I think that’s a TERRIBLE IDEA! If you plan on being in the rental property business, paying deadbeat tenants to leave simply identifies you as a weak landlord. Tenants talk to each other and before long every tenant in town will know that they can simply stop paying the rent and you’ll pay them to leave.
Instead of doing that, I would immediately start the eviction procedure. Be aware that you need to KNOW exactly how this works in your state. Make a mistake and the tenant will stay another month or two for free and then you’ll get to start the eviction process all over again.
Do I need their signature on anything?
What good is their signature? They’ve already signed a lease they’re not honoring. They’ve already lied to you.
My lease the tenant signed says once I give her written notice on failure to pay, then I may "declare the Term of Lease ended." So it looks to me once I give tenant written notice on failure to pay and tenant leaves three days later, I am done and I don't need any other paperwork. Does that sound right?
No, that’s not even close to right. To get someone out, you MUST follow the correct eviction procedure for your state and locality, including any wording that is required to be in the notices and/or court papers. I would strongly suggest that you consult a lawyer.
Finally, it is clear that you have almost no knowledge of the rental property business. I would strongly suggest that you read your state’s tenant-landlord law and do whatever it takes to learn how to properly deal with tenants. I would also suggest joining your local REIA (real estate investor’s association) and hanging around with the successful landlords in your area. You’ve got a lot to learn and you need to learn it before you have any more expensive lessons!
Good Luck,
Mike
evict ASAP…
In my state it goes like this…
Post notice (15 days)
File Landlord tenant complaint
tenant is notified and court data set (usually a week)
Go to court (and win of course) / Get Judgement for possesion
file judgement with Constable/schedule eviction(usually a week)
Actually do eviction with constable (possibly another week)
total 6-8 weeks - My leases are written to bypass the notice. so i cut that time out…but i post late notices as a back up
Typically a late notice get’s me my money … but I have learnedif people dont respond to the early stages of eviction that means they know how this works and you have to follow through … they will happily stay indefinately… :banghead
my 2cents
So if the utilities are in your name why didn’t you just shut them off. No electricity, water, gas, etc can be a pretty movivating factor for someone to get out. Just an idea.
So if the utilities are in your name why didn't you just shut them off.
That’s called a self-help eviction and is illegal.
Mike
Why would you leave the utilities on in the first place all mine are cut off the day before they move in then it’s not an issue.
Why dont you pull a “Scooby Doo” and try to convince them the place is haunted. …
:biggrin
you just lost another Day
EVICT THEM