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Started By
Message
re: Problem with tenant moving out
Posted on 4/14/21 at 9:31 am to deltaland
Posted on 4/14/21 at 9:31 am to deltaland
Go ahead and send the eviction notice. If they're not communicating, you can assume the worst. If they don't move out after the legal time (I think it's 30 days) then the sheriff can assist them in vacating.
I wouldn't wait and hope unless you have some reason to need to stay friendly, but people who are being evicted can cause all sorts of problems, especially if they don't care about consequences.
I wouldn't wait and hope unless you have some reason to need to stay friendly, but people who are being evicted can cause all sorts of problems, especially if they don't care about consequences.
1
Posted on 4/14/21 at 9:33 am to squid_hunt
quote:
If they don't move out after the legal time (I think it's 30 days) then the sheriff can assist them in vacating.
Not right now. Feds have said it's next to impossible to evict tenants due to covid.
Posted on 4/14/21 at 9:33 am to deltaland
I am assuming you are in Louisiana.
When the lease expires, you can choose not to renew. Otherwise, it continues month to month. You could give them a notice now that you do not intend to renew on June 1.
The CDC only applies to nonpayment of rent, and even then, the tenant has to produce the CDC affidavit.
*for informational purposes only
**attorneys don’t know anything about eviction law. Save your money.
When the lease expires, you can choose not to renew. Otherwise, it continues month to month. You could give them a notice now that you do not intend to renew on June 1.
The CDC only applies to nonpayment of rent, and even then, the tenant has to produce the CDC affidavit.
*for informational purposes only
**attorneys don’t know anything about eviction law. Save your money.
This post was edited on 4/14/21 at 9:38 am
Posted on 4/14/21 at 9:33 am to deltaland
You MIGHT have them out by October.
Posted on 4/14/21 at 9:34 am to IAmNERD
quote:
Sounds like he's moving into the house.
Then why let a tenant stay for 5 months?
Posted on 4/14/21 at 9:34 am to deltaland
I only rented for a short time, but I had to notify that I was not going to sign a contract to lease before 30 days of the contract ending.
Send a fancy looking letter with notice of expiration on top. I’m assuming after the lease is up, they are trespassing and can be removed. You’re not going to evict anyone up to date on rent and abiding by the rental agreement.
Contracts benefit both parties.
Send a fancy looking letter with notice of expiration on top. I’m assuming after the lease is up, they are trespassing and can be removed. You’re not going to evict anyone up to date on rent and abiding by the rental agreement.
Contracts benefit both parties.
Posted on 4/14/21 at 9:34 am to deltaland
Just start showing the place to future tenants. Maybe they will get the hint
Posted on 4/14/21 at 9:34 am to IAmNERD
quote:
Feds have said it's next to impossible to evict tenants due to covid.
Pretty sure that got tossed because the CDC has no authority to say that.
Posted on 4/14/21 at 9:34 am to IAmNERD
quote:
Sounds like he's moving into the house. OP bought the house from previous owner who was renting to his family. OP takes ownership of the property and signs agreement with tenant to be out June 1st so he can move in.
Oh if so that was dumb. I would never agree to buy a house under those terms
Posted on 4/14/21 at 9:35 am to LNCHBOX
quote:
Then why let a tenant stay for 5 months?
Maybe he was still in a lease and the timing (in theory) worked out for him assuming all things went according to plan (they rarely do)
Posted on 4/14/21 at 9:36 am to deltaland
Well, good news is you’ll be filing for holdover, not nonpayment. Right now that’s the only thing protected in the moratorium. At least here in Louisiana...
However it depends on where you file.
Does your lease have holdover wording in it? Worse case scenario if you get an a-hole judge who won’t evict, the moratorium supposedly ends the 30th so it’s only an extra month. Can’t hurt to start looking for lease violations and make record cause you can evict for those too during the moratorium.
However it depends on where you file.
Does your lease have holdover wording in it? Worse case scenario if you get an a-hole judge who won’t evict, the moratorium supposedly ends the 30th so it’s only an extra month. Can’t hurt to start looking for lease violations and make record cause you can evict for those too during the moratorium.
Posted on 4/14/21 at 9:37 am to deltaland
quote:Grapevine has no substance.
Well now we are hearing through the grapevine that they havent even looked for a place and don’t intend on moving.
quote:Don't do this. Send a "Landlord Reminder" notice via certified mail. Remind them that they agreed to vacate the premises on or before 6/1/21 and they are welcome to contact the Landlord if they have any questions or concerns regarding the upcoming vacate date.
We are going to send an eviction letter from our attorney stating he has 45 days and must be out on or before June 1st.
Send another reminder notice mid-May with the same language. Then wait and see what happens on 6/1/21.
Posted on 4/14/21 at 9:37 am to DVA Tailgater
quote:
When the lease expires, you can choose not to renew. Otherwise, it continues month to month. You could give them a notice now that you do not intend to renew on June 1, but you may want to squeeze May rent out of them. Louisiana law merely requires a 10 day notice before June 1; however, it would be smart to do it the second you have May rent in hand.
Then after you file the eviction the lessee files a possessory action to prolong the litigation and buys themselves three months free in your house.
Posted on 4/14/21 at 9:38 am to deltaland
take the doors off to be repainted and dont come back until they are gone
Posted on 4/14/21 at 9:38 am to deltaland
What state are you in? I just evicted someone in BR and it took all of 15-20 days.
Posted on 4/14/21 at 9:38 am to swamplynx
quote:
Then after you file the eviction the lessee files a possessory action to prolong the litigation and buys themselves three months free in your house.
Maybe
Posted on 4/14/21 at 9:39 am to southpawcock
Through the grapevine is definitely shady to run with so I’d try to amicably confirm the expected process without any preconceived notions or frustration. This far out I wouldn’t have done a ton of searching for a rental if my plan is a June 1 move. It’d be getting underway now-ish.
That said, I might have a “sounds good, we plan to have electric/gas or water turned off on june 2nd to start a project at the property in advance of our own move in.” You know, just a little something that will make them worry about being terribly uncomfortable if they do not communicate a secret plan to stay but couldn’t be considered a threat, because they are supposed to be gone anyway.
That said, I might have a “sounds good, we plan to have electric/gas or water turned off on june 2nd to start a project at the property in advance of our own move in.” You know, just a little something that will make them worry about being terribly uncomfortable if they do not communicate a secret plan to stay but couldn’t be considered a threat, because they are supposed to be gone anyway.
This post was edited on 4/14/21 at 9:40 am
Posted on 4/14/21 at 9:40 am to Cosmo
quote:
I know but if its a rental property why are you worried about booting apparent good tenants?
I took it to mean OP bought the house to live in.
Posted on 4/14/21 at 9:41 am to deltaland
I’m not renewing a tenant for her month to month lease next month. In light of the CDC’s bullshite, I had my attorney look over the lease, the eviction moratorium and any applicable state or local directives on the matter.
His conclusion is that I am not evicting but rather not renewing and the moratorium on evictions is clearly due to financial hardship directly as a result of COVID that the tenant has to prove, along with signing an affidavit. (Also, my lease, like most, has a provision that in the event of a legal dispute between me and my tenant brought by the tenant, she is to pay ALL legal fees).
You should be on firm ground to not renew; if you go the eviction route, you might be making it more difficult on yourself. My advice: have your attorney review it like I did and don’t take any steps based on rumors.
His conclusion is that I am not evicting but rather not renewing and the moratorium on evictions is clearly due to financial hardship directly as a result of COVID that the tenant has to prove, along with signing an affidavit. (Also, my lease, like most, has a provision that in the event of a legal dispute between me and my tenant brought by the tenant, she is to pay ALL legal fees).
You should be on firm ground to not renew; if you go the eviction route, you might be making it more difficult on yourself. My advice: have your attorney review it like I did and don’t take any steps based on rumors.
Posted on 4/14/21 at 9:42 am to LNCHBOX
quote:
Then why let a tenant stay for 5 months?
Finishing his own lease?
Letting kids finish school before leaving his old and then renting that out?
There could be easy reasons.
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