I know there a lot of rental property owners / experts out here, so maybe you can help me out. I own several rental units – I’ve been at this for a few years and it’s been a breeze … until now. I finally have my ‘tenant from hell’. Without going into a lot of detail, it has become very acrimonious. The lease is month-to-month, and I’ve executed my right to terminate the lease by providing her with 45 days written notice.
I have my bible – “Every Landlord’s Legal Guide” – which has served me well to this point, but I’m trying to anticipate and plan for how this might play out – the book doesn’t cover every scenario. Obviously, I’ll hire a lawyer at some point, but I’m trying to postpone that a little longer.
She is supposed to be out August 30. I have two concerns: one, that she won’t pay her August rent, since I’m holding a month’s rent as a security deposit. My inclination is to take her to small claims court immediately if she fails to pay. My second, bigger concern is that she simply won’t leave. Since the big rental season here is 9/1 (best day to turn over an apt.) I really want to protect against this, and avoid having another renter get inconvenienced by this mess.
Can anyone suggest things I can do pro-actively to avoid these scenarios?
Replies
experienced renters from hell know more about the law than you... and it seems to favor them in most cases... maybe you can have the electric switched into you name as of the date she is supposed to leave... even inform her of this telling her you don't want the property without power... even if she plans not to leave she assumes that the power will be now on your dime... now that it's in your name... have it turned off the day after she is supposed to be gone... if you lose a months rent it's worth it to have em gone... i know landlords who paid peoples deposit on a new place just to get em out of theirs...
p
Find the local chapter of a motorcycle club, and invite them to party in the front yard, on the porch, and in the rear yard- even buy the beer. She should leave shortly after that starts.
I actually know a guy who did that, although he took it a step further and let them party IN the house too- the "tenants from h*ll" were gone in a matter of hours.....lol.
Seriously, good luck- dealing with tenants like that sucks- especially since they usually know all the angles to string you along while they live rent free in your place far better than you do.
Bob
Each state has different laws and tennant as well as land lord rights. Each has different ways of handling evictions as well as various notices and timelines for them. You need the attourney now. He will know the law since you obviously don't.
In my state (Ohio) there is a book available called tennant/landlord laws. If there is one for yours you should get it for these situations. Knowing the legal process is important at least to the point of getting the ball rolling. Call a lawyer tommorow. You will only cost yourself time and money if you don't. DanT
as previously mentioned, the tenant probably has a better idea of the law than you do - best thing to do get the lawyer in on it now - best defense is a good offense - and have the lawyer have things in place legally to get the tenant to vacate - might mean hiring a constable/sheriff and a moving company - hope the tenant doesn't wreck the place on the way out - good luck
All:
I had to evict some deadbeats once. I thought I had all my ducks in a row. This guy asked for a jury trial and his request was granted! Danged Constitution! They eventually moved out, but I like the buying-them-off-with deposits idea.
Joe
Have you visited this site? I don't live in Mass but regulations are similar in my state. There may also be Federal regulations.
http://www.massbar.org/lawhelp/legal_info/index.php?sw=3121&full_id=190
Beat it to fit / Paint it to match
Up here the tenants seem to have more rights than the landlord. There is even a government office to enforce the landlord/tenant act. We call him the rentalsman.
I knew a landlord who if he had a tenant that was causing trouble, he would get some buddies and ALL the belongings in the house would be placed outside. He would wait untill they showed up and then give them the number of the rentalsman.
He claimed he never once had a problem with someone complaining, and he figured if they did it would still be cheaper than fixing up after a eviction party.
Don't know what province you are in, Rich, and I've also had my problems with tenants. Residential Tenancy Office here in BC has just been overhauled 18 mo ago, and things are a little better for landlords.
I've been faced with the possibility of paying for moving costs as well as a month's rent for deadbeats to get out of my place. Ultimately, it did not happen, but nearly......Quality repairs for your home.
AaronR ConstructionVancouver, Canada
Saskatchewan, home of the Riders. :)
"I knew a landlord who if he had a tenant that was causing trouble, he would get some buddies and ALL the belongings in the house would be placed outside. He would wait untill they showed up and then give them the number of the rentalsman."
In my kneck of the woods you will go to jail for breaking and entering and distruction of private property for those actions. The property is legally the tennants until the courts decide otherwise. DanT
Thanks for all the advice everyone! I called a lawyer .... basically, there isn't a lot I can do pro-actively - I have to wait to see if she moves out on schedule - if she doesn't, then I start the eviction process, which he tells me could take 3-6 months. If she fails to pay her rent on 8/1, then it gives me a reason to start the process a little sooner. We'll see ....
Now I just have to find a way to keep the actions of one nutcase from souring me on this whole business. I've certainly been lucky with good tenants (6 units) to date, although a lot of that comes from bending over backwards to be nice to them all. This woman is just wacked.
Bill,Help us avoid a similar situation. Why did you rent to her in the first place? What warning signs, in hindsit,e did she give, if any?I rent two units, one in my house, and I am always worried come find a new tenat time.
okay, don't do the cycle-dude party idea- they all might get along famously and end up moving in with her.you can be pro-active by getting all your ducks in a row right now; talk to the lawyer and the police and have all paperwork, game plans and other preparations in place for one minute after midnight after the rent is due. i agree, it's like money in the pocket to bad renters to know how to work the system to use landlords to their advantage. and boy, are they bold.i agree about having the sherriff/law with you to do anything you need on the premises. the law may seem lopsided towards renters, but that's partly because conmen have made an Art out of twisting it. as long as you Cover Your Asss with the police and a lawyer every step of the way, you should come out of it okay. take no steps (putting out furniture, etc) without going through legal channels.
i also agree about transferring water and power back into your name. bill gets paid on time or YOU know about it and have them shut off at your discretion.look into every option possible to avoid suing for eviction which gets messy, costly and lengthy. i was able to talk a conman out of staying at a rental property owned by my parents this spring, but the circumstances were on my side because i had foiled him on a larger con and he knew he was better off leaving quietly.i second mr steve: please tell us if / what warning flags were when she moved in?
Edited 7/19/2005 11:16 am ET by MSM
I ask myself the same question constantly - how could I have avoided this?
This woman had no rental history - she is in her 60s, had just ended a long marriage and was selling a home in town where she had live nearly 40 yrs. Her credit record was flawless, and she didn't have rental references. I probably should have called her personal reference (the pastor in her church) but didn't - I wonder what he would have known or said about her?
According to her grown daughter, who commiserates with me, her behavior changed radically when she moved into my apt - lucky me! - so I didn't think there was anyway to avoid this.
if you don't mind sharing what type of behaviour you're talking about- is she simply unpleasant, or destructive/messy, or a deadbeat? ornery and nasty, you can't do much about, but deadbeats and destroying or devaluing property are less likely to have the law on their side.
Thanks all for the input. First of all, don't worry, I won't do any of that 'law in my own hands' stuff. Second, I have engaged a lawyer. Third, I know the laws are all stacked against me, so if she decides to squat in my unit she'll probably be there a while. One thing in my favor, I learned, is that the laws for single family homes (which this is) are little more balanced towards the owner.
I'm still trying to avoid telling the long saga, but since you asked ...
The woman has turned out to be both mean-spirited and insane. I don't want you to think I'm TOO much of a 'heartless, money-grubbing, capitalist' - I really have tried everything to get along with her, but the signs were there almost from the first day. Keep in mind that she was the first tenant in the house after a complete gut/rehab, so the house was in like-new condition.
She called a LOT for very, very minor issues (about half of which weren't even my responsibility), which I cheerfully dealt with (perhaps my first mistake). Because I was interacting with her daily, however, I started observing a certain pattern - she would enter a dispute with someone and go from zero to pscho in a matter of minutes - literally. The phone company disconnected her service after she called to dispute a charge - that's how pissed they were (I called them on her behalf and asked them nicely to re-instate it). She asked me to ask the neighbors across the street to turn off their security light at night - it was coming in her bedroom. I declined to get involved, then watched her start a screaming match in the middle of the road with them. One of her crummy old beat of trashcans disappeared - she called and berated the trash hauler (I tried to explain that even if they wanted to steal a barrel, which is unimaginable, they had their choice of all sorts of fancy ones - why would they take hers?) - they starting driving by the house without picking up her trash. Etc., etc .... there is a long list of this stuff. I knew the day would come when she would turn on me - it was just a matter of time. I went over there to fix something, cleaned up after myself, and threw some small scraps in the nearest trash can (in her kitchen) - she called to ask me who exactly I thought was gonna take out the trash? I mowed the lawn - she called to complain that I didn't put her f'ing lawn furniture back where I found it. She called because her computer didn't work and it's obviously a problem with the inside wiring - I went over there (against my better judgement) to learn that the problem was pop-up ads (you can't make this stuff up).
The last straw for me was July 4th weekend, when she went into hiding to avoid her grown kids - they saw her car in the driveway, 3 days of mail in the box, and called the police - the police had the fire dept break in to do a 'well being check' - the tenant found out and called ME to go get them out of her house (I did). I got probably 10 calls that weekend related to this drama. She claims she is suing the fire dept., by the way.
The she called to ask me to repair a hole in the bedroom floor - I knew about this (it was very minor) and had repaired it once. I went over to fix it and she wouldn't let me in the house. This went on for a week (I am patient to a fault I guess). Finally I sent her 2 letters - one exercising my right to terminate, the other an 'intent to enter dwelling' letter, both giving proper notice per the lease.
She left several voicemails (I stopped answering her calls, figuring these recordings will be valuable in court). They are long scripture readings interspersed with bizarre requests like 'oh, on your way over, please pick up a coffee cake for me ... (I'm telling you, you can't make this up ... and I'm leaving out a LOT)....
I stopped at the police station on the way over and asked for an escort - they said go ahead, you're fine. I went in and fixed the hole again (the original repair was mysteriously missing) while she ranted at me ... I was in and out in a matter of minutes. That's the end of the story at this point.
I have no interest in psycho-analyzing her, other than to say she's nuts, and life is too short to have to deal with abusive people.
I'll continue to post updates as the saga continues ....
Wow. I have been at the landlord thing for 20 years and that beats any of my stories. Pretty good. Well.........good luck. The looney ones are the most miserable. They are just smart enough to know what to do to pro long it. Hope I am wrong. DanT
sorry for the hijack, but Dan have you heard from Tim lately? Not like him to miss a rental thread. I think he had some rental horror stories.
jt8
The reason so many people never get anywhere in life is because when opportunity knocks, they are out in the backyard looking for four-leaf clovers.-- Walter Percy Chrysler
No I haven't. Been a little concerned. Someone posted a "wheres Tim been" thread in the tavern and he didn't answer that either. Hope his health is ok and he is just busy. DanT
You're right John.
Tim had some serious health issues. I hope he's okay.
blue
i don't mean to laugh at your misfortune, but-- ROTFLMAO.
sorry.boy howdy, this may be a rough one. the bad thing is that while every department in your city government will personally feel your pain, it may be hard to find legal respite. those phone messages are good- i love the one about the coffee cake.
she must think she's your mom.
good luck. we're waiting for the next installment.
This woman is probably at the early stage of Altzheimer's and since her children are aware of her bizarre behavior it could become a defense for her in a court of law.
So like others have said, document everything.One option that may work, as difficult as it is, is to treat her with overwhelming kindness each and every time you're over there. She could soon see things from your vantage point and leave without legal fuss.
"treat her with overwhelming kindness...She could soon see things from your vantage point and leave without legal fuss."not that i'd encourage bill to be mean, but the nicer he is, the more likely she'll hang on tight to a dream landlord like you. she's bound to be aware on some level that she's a pain in the a** to deal with and she's darn lucky you've been so swell already. she'd be nuts to leave-
Edited 7/19/2005 3:23 pm ET by MSM
"she'd be nuts to leave"
maybe. but if he's nice to her, he could just easily communicate that for example, his own mother is coming back to live with him and needs a place to stay...
Actually, she sounds like my Mother, who has been recently diagnosed with Alzheimers and has turned into a real manipulative bitch/drama queen/sweetie at any given time. We recently moved her to a top-notch foster home after the Assisted Living facility couldn't handle her.
My DW is a home health RN with the local hospital and runs into people like your tenant quite often and when they become too out of control or potentially dangerous to themselves or others (some of DW's patients have had loaded firearms stashed around their homes), Adult and Family Services is notified and makes an assessment of the patient's ability to function autonomously.
You mentioned she has family; you might contact them if they have any interest in this woman's welfare. You also mentioned her having been through a divorce recently; My Mother's condition seemed to erupt shortly after the death of my Father, so maybe the stresses of her lifestyle changes and relocation has set her off....
I'm no expert in the field....just passing on some observations.....
On one side, it's humorous, but, since you seem to be a man trying to do the right thing, you might see if you can somehow alert the medical/psychiatric pipeline. Mention this to your attorney, though....I wouldn't want to send you into another minefield without professional guidance.
But, it could even lead to expediting her eviction if she does, indeed, have psych problems.
Thanks for the input - sorry about your mother's condition. I have no experience at all with Alzheimers, but I do think there may be something medical at play - it's way beyond my ability to diagnose, much less deal with. I did reach out to her family - I've had several long talks with her daughter, but she seems as frustrated as I am ... I also called her lawyer and filled him in.
I think I've done all I can in this regard at this point - I have to look out for my own interests too. I'm really hopeful that she just leaves quietly, and that her family gets her into a living situation that suits her.
didn't mean to sound callous, notchman, as my mom is exhibiting signs of alzheimers too- (not simple forgetfulness, but downright surreal lapses during conversation). as cited here, hers first became noticeable right after my dad (still alive at 90) had his stroke 2 1/2 yrs ago.
i deal with it with humor. her doc says he sees no "clinical" signs of it , so there ya go. it's frustrating how well she does with other people who don't realize she doesn't know what she's talking about.bill- it sounds like your tenant's family is silently grateful that you are playing the role of the caretaker, which you unwittingly fell into paralell with role of concientious landlord.
since most of this woman's complaints are, you say, more of housekeeping issue, you should draw the line right now.call a meeting with the family (tenant present too if you think it will go well) with 2 lists to clarify how your relationship will be from now on:
1-- list of maintenance it is reasonable to expect from you, the landlord, and
2--- list of maintenance and chores that is not reasonable you to do, ("including but not limited to..." so there's no loopholes) and for which tenant needs to call upon family, friends or senior services/hired help. nice and friendly, but clear and professional.
again, she'd be nuts to give up such a sweet deal as you for a landlord, and i bet her family wants her to stay too, since you've been so good to her. no matter how they might sympathize with you, they're thrilled she's in your hands for now .
nice guys don't have to finish last- and everyone can still be happy.
Edited 7/19/2005 6:17 pm ET by MSM
I don't think he wants her to be there long enough for that to be needed.Whadda mean it's last call? I just got here.
i know he doesn't want her there- the point is the *message* that the maintenance lists would send to tenant and her family.
when they see that bill w is no longer going to be errand boy and whipping boy, one of 2 things will likely happen. either they move on and look for a new patsy (she's out without the lost time, money and goodwill of eviction), or else the tenant actually does ease up on phonecalls to mr. bill (i get the impression that without all the high-maintenance bother, the lady is not otherwise a bad tenant and it would be okay for her to stay.).
sit them down and pleasantly explain the divison of maintenance responsibilities asap. the next day, send a follow-up letter to all parties ("as a courtesy, here is a copy of the responsibilities of landlord and tenant..."). keep a pleasant tone so that should it go to court, it will be apparent that you did this with best intentions towards the tenant. come to think of it, you might enumerate, in the follow-up letter, the above-and-beyond jobs and favors you did ( "... i performed these exceptional services in order to make the transition for mrs X into her new home as comfortable as possible . . . but from now on they will be her responsibility. if she needs assistance with such services in future and her family is unavailable, i have provided here a list of providers, with phone numbers, she may hire at her own discretion and expense..."). if a judge is looking over documents and sees in writing all that you have done, he's bound to be impressed that you have made every effort reasonable to accomodate her, and then some.
either way, it should help. and if it doesn't, it's another document to help you in court.
Edited 7/20/2005 10:16 am ET by MSM
"he's bound to be impressed that you have made every effort reasonable to accomodate her, and then some."he is in Massachusetts.the judge is as likely to say since he was doing them before, he is responsible fo4r doing them always,
bobl Volo, non valeo
Baloney detecter
LOL bobl- "the judge is as likely to say since he was doing them before, he is responsible fo4r doing them always," i guess y'all do things differently up there in mass. but that's why i figure the letter should include the phrase "i did X to make her transition into her new home as comfortable as possible", or some such wording (add that this period is over) to clarify that this was a kind gesture to a senior going through a rough patch, but not a permanent condition. you can second-guess yourself out of trying anything, but it's best to try anyway if there's any possibility of avoiding an eviction process.quote from bobl: "and even if she agrees and signs something, I suspect nothing will change."
gee, bob, you're kind of a glass-half-empty guy, aren'cha? LOL.
if nothing changes, at least bill will have officially set the new precedent and have clear documentation of the agreement to present to a judge.bill- sounds like you have a great solution and a chance for success. keep us posted how it goes.i brought up that the family is happy to have you taking care of mamma because i can really sympathize-- it's hard to find people willing to help out with seniors like this. i'm sure the kids want her to stay in your property even if you cap off the extra work and attention you've been giving; they probably were passive before because they didn't want to rock the boat. i bet that once you've officially clarified your guidelines, the kids will do what they can to oblige so mamma can stay. you know that they don't want her moving in with them...i find this thread very educational for myself- i am default landlord now on 2 horrendous properties owned by my folks. always looking for creative ways to avoid eviction and turn a potentially negative situation into a positive one, preferably for both sides, so your karma stays good :-)
Edited 7/20/2005 11:27 am ET by MSM
"gee, bob, you're kind of a glass-half-empty guy, aren'cha? "no, more of a the glass is broken kind of guy :)the description given of the tenant is one that indicates she has some type of problem, IMO.one of the examples given was that she asked the landlord to fix her clock, and he pointed out that wasn't his responsibility. She still called him to ask when he was going to fix the clock.She isn't getting along with her kids, apperently. So will she sit down with them to discuss this? she calls the cops on them!earlier I told about what one of the courts did to an old boss of mine. Sometimes it costs too much to be nice.Until the courts give custody of her to her children, there isn't much anyone can do.Someone mentioned her pastor, that may be the best place to get help. An uninvolved 3rd party thet knows her and to whom she may listen.
bobl Volo, non valeo
Baloney detecter
bobl- i guess that makes me a "doesn't that broken glass sparkle pretty" kind of a gal :-)
i start out by giving everyone the benefit of the doubt, without giving them the keys to the car. be nice while CYA.mom may indeed be loathe to sit down for such a meeting, which is why i said meet with the kids for sure, and ma if possible. you raise a good point- in the interest of CYA, the invitation to the meeting should be in writing to all parties as well. that was also a good idea to invite that pastor along to the meeting -jack- i notice you couple your being nice srategy with a lie to help it along- LOL.
i'm not proposing that bw not be nice, only that being even nicer would not be likely to remedy the situation even if tenant was rational, which she may or may not be. and lies- even a little one about bw's mom coming to stay- this gives the tenant the opportunity to rationalize around your story, and fibs can come back around and bite you on your behind . it's best not to complicate the situation with lies-- they are a shaky foundation to build on.
Edited 7/20/2005 1:14 pm ET by MSM
no, no my friend. Mark Twain said it best : "One shouldn't lie until one is old enough to be good at it."
The being nice strategy, in this case, is good policy. Coupled with a white lie, it gives Bill a way out, and no one is the wiser. What judge would look favorably upon an able property owner giving the boot to a half-witted 60 year old lady?
I've had to evict tenants before. Different strokes for different folks- these two frat boys were late paying rent(several months), knew I wanted it, and had the gall to try to negotiate a new lease. I told them they till the end of their current lease and better be out by 12:01 am. Case closed. They left.
But this lady I think requires a different approach. She ain't scared of nothin', and to shove her out would likely cause a backlash, so he needs to use a skillful approach, using truth, lies, or a combination thereof.
http://www.mass.gov/portal/index.jsp?pageID=ocatopic&L=3&L0=Home&L1=Business&L2=Landlords%2c+Real+Estate+&sid=Eocahttp://www.mass.gov/portal/index.jsp?pageID=ocasubtopic&L=4&L0=Home&L1=Consumer&L2=Housing+and+Home+Improvement&L3=Tenant+%26+Landlord&sid=EocaFYI From the mass.gov site
bobl Volo, non valeo
Baloney detecter
granted, billw is smarter than my mom, but my mom is always trying to back up "no" with an excuse. she feels an excuse helps her case, prevents hurt feelings, etc, but these renters don't take any excuse for an answer. they will rationalize her excuse, truth or lie, out of the water, and she kinda goes "oh, well, i never thought of that- OK".
i just feel lies complicate the matter, and keeping an eye always to the possibility of filing for eviction and going to court, lying to an old lady is not going to sound good to the judge either.
i'm still in total agreement that eviction is to be avoided if at all possible, and that being nice in addition to other actions is going to be the most effective.
>>i brought up that the family is happy to have you taking care of mamma because i can really sympathize-- it's hard to find people willing to help out with seniors like this. i'm sure the kids want her to stay in your property even if you cap off the extra work and attention you've been giving; they probably were passive before because they didn't want to rock the boat. i bet that once you've officially clarified your guidelines, the kids will do what they can to oblige so mamma can stay. you know that they don't want her moving in with them...<<<
yeah, but you got to remember........this is momma..........and as soon as he's done all he can and reached his end of the rope they are likely to start taking her side against him when it comes time to put her out.
Just like a family disturbance call where the family wants something done with the abusive family member ...........until he has to go in the back seat and puts up a fight..........
when they see the cop using a little force then they turn on the cop
Poor Bill, he's gonna be stuck between all of 'em if he doesn't get her out now.Whadda mean it's last call? I just got here.
the judge is as likely to say since he was doing them before, he is responsible fo4r doing them always
Exactly. He doesn't do himself any good by trying to be helpful to her now. That's just going to come back to haunt him.
Just needs to document the legal reasons for not re-leasing to her at the end of the lease and have her move out, legally.
The legal reasons could even include that he just wants possession of the premises in some cases.Whadda mean it's last call? I just got here.
I always valued this forum for the experience and knowledge you could find here, but never really appreciated how supportive this community could be - so Thank You all for your comments.
Several people suggested working with the family - her daughter and her lawyer asked me if there was any way to work this out short of eviction - I told them that I would definitely work with them, with two conditions:
1. Make a list of all grievances for our review - we will mutually agree which have already been fixed, which will be fixed, which ones I can fix for a price (eg, she insists that I relocate the TP roll from the left to the right of the toilet), and which ones I am not dealing with. We will sign this when done, and none of these issues will ever be brought up again (to date, I reach verbal agreement with her on things - I'm not fixing your kitchen clock! - then 3 weeks later I get nasty voice mails asking why I haven't fixed the clock ...)
2. All future repair requests are in writing - snail mail, email or fax - I provided a short, concise form for this purpose. I will respond to each in writing.
I told them if they agree with this, and agree that she will never call me again, she can stay.
To whoever said that the family appreciates the role I'm playing, I think you are right. They seem totally baffled by her behavior and are keeping their distance, letting me deal with it (esp. since she calls the police on them). They did say they are trying to get her to a doc but she refuses to go.
opinionunless the tenant agrees to what you are proposing, nothing will change.and even if she agrees and signs something, I suspect nothing will change.
bobl Volo, non valeo
Baloney detecter
Keep handling the "tar baby" and you're gonna get stuck to it.
Whadda mean it's last call? I just got here.
He's got a "tar baby". The more he handles the "tar baby" the more it's gonna stick to him in some way.
Best thing he can do is get her out asap and with as little additional contact as possible.
The more he says and does with her and esp. if he puts anything in writing without it going thru his lawyer the bigger problem it's going to be for him.
This is just my opinion from over 20 years, as a sideline, in the rent house business.
Your approach is great if it is done up front as soon as the very first issue comes up. It's too late for that now, though.
Whadda mean it's last call? I just got here.
I guess in a way the fact that she acts so off could be to your benefit if it ever gets to small claims court..Have you tried to contact the kids to see if they can help convince her to move without any trouble?best of luck
steven
Bill:
I've enjoyed your story, but it pales compared to the one about the guy who rented to some diplomats in Washington, D.C. They stopped paying rent and when taken to court, the judge was obligated to honor their claim of diplomatic immunity. Apparently they could live ther for free as long as they wanted and there was nothing the landlord could do. Consider yourself lucky.
being as u are in Ma.(oh, I don't own rentals)had a boss who had rentals, had some trouble with getting rent from someone, hard luck story etc.gave them a few monthsthen went to evictjudge said, well if you could wait a few months for your money you can wait 6 more.gave tenants 6 months to get out, no rentmoral, start proceeding the second you legally can
bobl Volo, non valeo
Baloney detecter
We can get into trouble too, but the tenants he did it to were not reliable witnesses in their own defence.LOL
You always hear these type of stories and they all have the desired ending, the tennant suddenly gives in and goes away piecefully. Frankly I think few of them really happen, its just what we would all like to do.
Let me tell you one that really happened. In the early 80's I had a girl who said she was going to nursing school and on welfare. Could I help her out with a small effeciency apartment. I let her pay me the deposit on time and be late on rent once in awhile.
She graduates from school and gets a job. Rent really gets late. She has a drug problem from the past and now works as a nurse. Bad combonation. She is late, then a no pay. Wants to trade sex for rent.
I go in to her apartment and throw everything out on the yard while she is gone and change the locks. She and her 2 hooligan boyfriends want my hide. I offer it to them. The see I am willing to trade injury and re-consider. They call the police.
I end up having to clean the apartment and put everything back in while they watch me no less because I am guilty of breaking and entering and destruction of private property. But if I put everything back, say I am sorry and let them have time to move I don't have to go to jail. She spent 2 months finding another place. Cop said I was lucky, that I shouldn't try to evict her now because the judge would kick my #### for doing this.
If I had done it the legal way she would have been out in a month tops. Lesson learned. DanT
Seems to me your tenant is "nuts" but might be a med problem rather then Alz.', either way, not your problem - since she put the pastor down as a reference, I'd give him call and let him know what's happening. I'd also contact the local elderly affairs help office and get them involved to "get her some help" - the local group here had me get some boy scouts to an old lady's house to clear out 20 yrs of newspaper, and I had another old lady (90) taken to a real nice assisted living facility for a week while her landlord made her apt "liveable" - she had about 30-40 empty bottles of strawberry jams, a mattress that was falling apart and was generally living in squalor. Known as elderly self abuse.just something else to try - good luck
I agree, the legal way is usually the best. One clause that we have in the landlords favour is that if the tenant has been charged with a crime, you can give them 24 hours notice. Other than that, it's usually 30 days.
i love that clause, rich!
I presume you mean convicted of a crime, rather than charged. Can't see the clause holding up in court as it stands, due to the idea of a person being inncocent until proven guilty (convicted)
John
Nope, charged. Amazing when you think of it, because our provincial govt is left of center.
All - Here's today's update:
Haven't heard a peep in a few days, but started advertising the place. ... got someone who had been through the house before and just missed out (I had just signed the lease with the current tenant) - she is VERY interested, even though I quoted a rent much higher than I am getting now, and she wants to move in 9/1.
I dropped a written notification to her indicating my intent to show it tomorrow. My phone rang immediately (I let it go to voice mail) ... so I was able to record her saying "you can't show it tomorrow" and "I'll say I never got the letter".
Then she called the health dept., who sent a rep to investigate - someone who had been through it just as I completed the renovation this spring. She started off by complaining about a rock in the yard - a rock that has been there since the ice age, a rock the size of a VW (that's the part showing - the rest is probably the size of the QE2) .... it was a 'hazard'. He said 'how about you tell me what you see and I'll decide what's a hazard' ... this apparrently set her off, because she wouldn't let him in the house. His official report says there are no defects. He also told me that he would be happy to go to court and say the house was pristine when she moved in.
So ... the saga continues ... I'm bringing the police tomorrow, and a decoy tenant before the real prospect comes so I can see if she intends to undermine my efforts to rent it.
Will keep you posted ....
please get a ghost writer to turn this into a movie.
dang, i'm sorry it's such a mess, but you are doing everyhing right and it will work out for you in the end, which is soon i hope. GREAT that you got that message on tape.
My wife and I have owned/operated a personal care home for elderly persons for the past 5+ years. To me, it sounds like this lady is suffering from some form of dementia. If this is the case, it is unlikely she will be ehed to any agreement she makes with you, written or not.
If she is suffering from dementia, Alzheimer's or not, she is unlikely to improve, and very likely to get worse. Bad news for your relationship with her and for your property. From what you are saying, she's not rational, and you just can't work with that, it's impossible.
I also have a little bit of rental property. In your position, I would do whatever I could to get her out of my house. It sounds cold, but she has problems you can't fix, and nothing that's happening here is going to do you any good.
It may help to call your Department of Human Services (or whatever it's called where you are) and explain the situation.
Another approach, perhaps more kindhearted, would be to find someone in her family willing to co-sign the lease. It sounds like she needs someone more involved in her life, but there's no reason it should be you.
Good luck to you
I completely agree with TXJon and others who have commented in a similar way. This sounds exactly like what happened with my mom. People with that problem get worse with time and trying to reason with them is utterly useless. Medication can help a lot, but they have to have constant supervision to get them to take it.One problem that may not have been mentioned is that your insurance company will probably cancel your insurance if they find you're renting to a person with some kind of dementia and that person is staying alone. We nearly had that happen with my mom. She was living alone, her insurance was due to be renewed on her house and we were told it wouldn't be renewed and we probably couldn't get coverage with anyone else, due to her condition. You need to get her out of your property NOW before she forgets the stove is on and burns the place down, or something similar. So as not to appear too heartless, maybe it would be possible to work with her family in transferring her to an assisted living facility?My mom was adamant that nothing was wrong with her. It was everyone else that was messed up. My sister is an RN and finally had to call the cops to get her transferred to assisted living. I can't remember exactly the circumstances but I think the rules are that if the person becomes violent, the police will come in that case. So my sister had to work that to our advantage. She knew mom would fight if she tried to get her in the car, so she told mom they were going to the hospital to have her looked at and took her arm to put her in the car. When the fighting started, then the cops were called. They took her to the psych ward at the hospital, then from there to assisted living.Perhaps her family could do something similar in order to get her to a safer place. It's just awful that stuff like that happens to people. It's hard on them and on everyone else who's in contact with them. Thank God there are kind souls who have the heart and ability to provide care for them.
Hi All - I think this saga is close enough to the end that I can talk about it again ... warning, this is a long post ....
When I left off (end of July) I had terminated the lease and started advertising the property. I had just served her written notice of 'intent to enter' for the purpose of showing the property to a prospective tenant.
I showed up at the appointed date and time - with a police officer in tow. She refused to let us in, then stepped out on the lawn and started screaming at everyone - me, the cop, the prospective tenant. Perhaps the best line of the day was when she said to the cop "how come you come when HE calls you but you never come when I call you?" Afterwards I asked him what that was all about - he shook his head and said "she somehow got my home phone number and calls me every day".
At this point I realized that a)I couldn't talk to her (and at this point, her daughter was not taking my calls either - basically told me I was on my own); and b) there was no way she was going to leave, so, against my lawyers advice (he said this would never work), I filed notice of eviction based on her violation of a term of the lease (refusal to allow entry). The clerk of the court thought it was unusual but might work (another surprise - everyone I dealt with at the court was incredibly supportive of ME, the landlord - I didn't expect that).
The sheriff served notice of eviction on 8/1 - in the MA system, that means a court date of 8/18, and if I prevail, the sheriff can forcibly remove her (at my expense) 12 days later, so in my mind this was the only way to get her out by the end of the month.
This had an immediate, desired effect - she got a lawyer, finally giving me someone rational to talk to. He asked if we could 'settle this without pursuing eviction' - I said sure, under 3 conditions - 1) I never have to talk to her again (he said no problem, that was one of her conditions too!); 2) That she allow me to show the house to prospective tenants (no problem - schedule appts through him); 3) She acknowledge in writing that she would be out by 8/31. She refused to do this.
So we went along through August without much excitement. The first tenant - who had great credit, great references, and was willing to pay top dollar - bailed out when I told her there was some risk that the current tenant would not leave (there was no way I was going to sign a new lease and expose myself to a NEW legal issue). I continued to pursue the eviction (because of condition number 3). The lawyer called me constantly trying to talk me out of it and telling me I would lose.
As it turns out, I skipped a step - on 8/8 I was supposed to 'enter' the case at the court house, but didn't know that, so there was no 8/18 court date. The clerk asked me if I was a good poker player, and suggested I bluff my hand, which I did right up until the 17th, then finally relented and 'dropped' the eviction when the lawyer gave me his word (ha!) that she'd be out by 8/31.
The evening of 8/31 was probably the most surreal experience of my life - at exactly 6PM, I showed up to do the final walk through inspection (I forgot to mention - she paid her August rent, which left me holding a month's rent as security deposit). Her son-in-law and the lawyer showed up at the same time. She had had one of those moving PODS on the driveway all week, so I was optimistic that she was really leaving. We opened the door and ..... the house was FULL of her stuff. Not packed, not moved.
She never showed up, but we were soon joined by a)the POD driver; b)the POD driver's girlfriend (he called her and said get over here - i think I just found us a great house); c)3 prospective tenants (I figured it was safe to show it - ha!); d)her elderly friends who were going to 'help' (?) with the move (for those following this saga, this included the pastor who she gave as a personal reference, who stood on the front lawn shaking her head saying "I'm so sorry"). In all the chaos, with the POD driver insisting he had to leave, I had an idea. Suggesting that it would be a shame to send it away empty, maybe we can throw a few items on. With the lawyer's permission, and with the prospective tenants doing the heavy lifting, we got her bed and sofa bed in there. Bolted and locked, it was hauled away. According to her own lawyer, "she no longer lives here, she is no longer your tenant". Woo hooooo.
I gave her a couple days to come get the rest - she missed a couple more walk through appointments (missed in the sense of still having stuff in the house). My wife and I took a couple days off over labor day weekend, came back 9/4 and all traces of her were gone. We spent labor day cleaning / scrubbing / painting etc., and now have the place ready to go. The only remaining issue is her security deposit.
DW's opinion is 'send her a check so you never have to think about her again' - my view is that she'll never see a penny of it. She cost me a good tenant, made me miss the 9/1 traditional move-in date, and aggravated me to death. I have a few tenants lined up - willing to pay less, but decent people - I'm going to pick one today and get the place occupied. Meanwhile, I took photos of every nail hole, etc., and will prepare documentation of costs that exceed the security deposit if she wants to take me to small claims court. Oddly, her lawyer has dropped out of sight - I think he quit - and she is gone, so at this point I wouldn't know where to send the check if I wanted to.
Thanks for letting me vent all of this ... whew .... it's over!
Wow ! What a story. Congratulations.
Greg
Thanks for the story.
I just got done with a court case of not returning deposit . Keep all reciepts and be sure to take pictures pictures pictures. In my court case I had extensive shots of close up stuff as evidence.
If you have the documentation, small claims court is a walk in the park I think. I was really pleased I didnt have to do any lawyering ! LOL! By the way a lawyer sued me for not refunding her deposit and I counter suded on my carpet and pad being ruined by pets . We had a no pet policy. They also left the front storm door locked open and it has wind damage. I thought the court day was fun . Am I weird? I really enjoyed submitting all my evidence in court. MY wife was very pleased I stayed calm and passive which was indeed constraint. Im ready to to it again sometime. I wont miss an opportunity.
Tim
Glad it's over for you. I guess you never found out if she had Alzheimer's? After all this, you still want to be a landlord?
It would not hurt to see a letter to her "last know address" with return recipt and it will either get forwarded to her or returned to you.In either case youhave prooof that you tried to contact her.
What a story... I just found this today and read it from beginning to end. Your tenant from hell, as bad as she was, doesn't come close to things that have happened to me and friends of mine. The one that stands out the most is the tenant that, when he finally did move, threw tar on every wall in the apartment.
I've been a landlord now for 36 years. I enjoy my job. Right now I have great people in all my units. I've had tenants tell me that living here is more like living in a house with friends than living in an apartment building.
I feel the same way as you do.
Been a rewarding job and a fun ride . Getting those retals are the great excitement to me . I love it . Not many people feel that way, but its good life.
Never had been to court and got my judgement in the mail yesterday. The judge split it as they normally do. They are politicians you know ,.... Over all I won but didnt recover damages. Ive let more damages go and never said anything than I asked for in that case . Far more. Still I look at the positives out weighing the bad ones. I think the author of the thread will figgure out how not to be in that spot again and like us all enjoy from the education in the future.
Tim
(8-0)
tar on the walls?!?!bill h had a good suggestion about at least making a show of trying to contact the tenant, for legal purposes. i'm on your side about keeping the deposit, because even aside from the aggravation she did cost you money. you could send her a list detailing (same as for court) the reasons you will be keeping her deposit.thanks for p[osting. i've been thinking about your situation and waiting to hear how it all worked out.
Not to try to answer your question with him, but to add somthing since you are "thinking " about his condition.
There is always a threat in an eviction of intentional damage to property . Yours! At least in my cases a judgement means nothing . Blood from a tunip?
A decision must be made to end it if you cant work it out because the loss of rents. It means in some cases no money for payments. During that time no monies are being banked for insurance , taxes , or maintence. The property has became what is known as an alligator where it only takes with out giving back. If a decision is prolonged to evict those damages are also cumultive. There is never a stale mate with rental property.
Tim
A lady I know told me she will pay tenants cash to vacate rather than go through an eviction. She'll meet them in the yard with a locksmith, hand them a few hundred dollars, and change the locks.
She says it works for her; goes faster, and in the end, costs less.
I'd have to print my own money, with disappearing ink!!!
Greg
"
I'd have to print my own money, with disappearing ink!"
Now thats funny right there . <G>
Tim
OMG- in my parent's small town, where they apparently are already known as a soft touch, tenants would be lining up to get in, not pay rent, then take the payoff money on top of that.
sounds like a kind of bad idea.
Ive changed a lot over the years over that subject.
Like Dan said in another thread . He tends to pizz people off . I didnt get why other than his direct attitude and Im sure thats not a motive with him.
I now have a very direct personality. Im grave coffin direct in my approach. On this subject I owe for my rental property. Ive always made my payments on time . My credit report shows nothing over 30 days and yea Im proud of it . But thats the way I always figgure it . If some person doesnt pay me rent , then I want them out on the second day its over due. Thats what I said and meant. I want them out. Im not going to the banker and telling him their story or mine about why I cant pay the payment . Its not going to happen . Never has and if I have any thing to do and say about it , it never will happen . Period. If they dont have rent , I want someone else in the property to pay me rent . At that point Im holding a deposit which will cover the eviction. At that point Im ahead of the game or at least even. This is a normal conversation;
"Im sorry I dont have rent for you . " Will you have it by 5 pm today? Before they can answer , Ill be back here to get it at 5. "Well, no, ah,........ I had to pay on a fine , lota lotta, somthing . " Ill be back with my trailer in an hour and Ill help you move today. This would be a good day to move as the weather is good and if we get it done today you wont be charged pentalties. Im always willing to help someone out and I dont mind giving you a hand with all this stuff . "Let me call you at 5 this evening and Ill let you know ". What ? If we do that we will miss a good day to move. Im ready now or will be in an hour. "Well, I think maybe I can come up with rent . Ah,,... think my mother can help me ." Well fine then, Ill see you here at 5 pm sharp! It has to be paid today.
One of two things normally happen and the good thing out numbers eviction.
They find the money and I dont care where as long as I can deposit it .
It doesnt happen again because they learned I meant business and did not take an excuse. I probanly wont take one next time.
They can not pay someone else but not me or they will get evicted. Ive told them that . You need to prioritize your decisions. You either need to get with my program or find another place to live today.
Or I evict them and tell them that I wont take them to court if they move NOW. Today or else the transaction will be on their credit report and Ill dog them until the charges are paid. Its easiar to end it now and I will help them. I would rather help them than take them to court and ruin their credit.
A lot of that is running a bluff , but the bluffs have managed to pay the bills on time for 14 years in business.
Tim
Edited 9/9/2005 11:09 am ET by Mooney
I've never had to do more than threaten eviction to get paid, or get the place vacated. From what I understand, though, if you get into the eviction process you are guaranteeing yourself at least a couple months with your tenants in the house, not paying you, and even after the eviction your not ever going to get that rent. And they have all that time to "express their feelings" in your house.
Around here anyway, people who are subject to eviction are not usually worried about their credit or reputation.
I would have a hard time handing cash to people who are already screwing me, but it sure seems like it can end it faster and cheaper than going through the court.
Best idea is to stay away from those folks in the first place, but that's a whole other problem.
County I live in (Md), landlords can get tenant evicted in 15 days. I'm sure that's unusually fast.I hear renters court in DC or Baltimore can drag on for up to 6 months.
Help fight cancer.
Tim,
Good for you! I remember taking a course where the guy said, "people will give you as much BS as you will tolerate."
Jon
I've always wondered about pictures as evidence of damage to your property. How do you prove that the pictures are accurate to time and place? Can they be witnessed or stamped by a notary or something? Or does the judge believe you because you bothered to bring evidence?If you haven't drawn blood today, you haven't done anything.
Most digitals these days have a date and time stamp that is generally accepted in court. These are not Law and Order type of deals with attourneys arguing or anything. They are simple with each side presenting their facts, judge asks for clarification if he needs it and makes a decision. Usually 20-30 case a morning. DanT
I'm surprised that date stamps would be accepted in court. Part of the setup of the cameras I've used included setting the date and time and that's easily changed.
Again, this isn't Law and Order. It is a small courtroom with 20-30 cases of this type. Usually the thing that seperates winner and loser is who shows up and is prepared with accurate information. Few are argued at all. I suppose it would be a lot more technical if a few DA's were involved or something but not the case. The few attourneys involved are there simply to guide the owner through it or to handle evictions for corporate owned non owner represented property. DanT
I agree with Dan T .
A good digital camera that has dates is fine .
I just got judges answer and in that case I presented pics with dates on them. I took a lawyer to court and didnt feel I got just decision. I had taken several pics of a damaged door and it wasnt mentioned in the judges answer. Be another time and place I guess.
From now on , I will collect all data I can produce with especially pics. All transactions with renters needs to be done by letter and copies kept. Eviction notices and such needs to be done by certified letter. I would add other important letters such as notices of breach of contracts.
I believe I could have made a better case if I had pics at different times of what I had detected. That came down to my word against theirs which didnt proove anything in my mind. I know a lawyer would want every single piece of evidence available . From now on , Ill carry a digital in the truck!
Tim
It occurred to me while reading your last post that digital video would be outstanding evidence if you have a camera. Shot well, it would give the judge good spatial relationship to understand and appreciate what he or she is looking at.If you haven't drawn blood today, you haven't done anything.
Yup, Ive got one that does both, but why a video?
Tim
Whoever is watching it can get a spatial relavence and understanding when they watch the video. For example, a bug stain or burn on a carpet shown close up and then zoom out to show the room that it is in. I think that would hold a lot of wieght with a judge.If you haven't drawn blood today, you haven't done anything.
Good scenario. Thanks for the insight.
I took some pics I was proud of on another rental. It was a big wad of cat hair from the carpet. DW says the next time , hold your finger next to somthing like that so the size of it will be realitive. Im a dummy, but I guess Im not to old to learn.
Tim
In our area the judge rarely wants to look at a movie of the house. It is simply a matter time. They will look at still pictures but so quickly I really believe the just make the decision based on the credability of those standing in front of the. If you have your information organized and together typically you win. DanT
I'm glad it turned out well for you. Thanks for updating us.
Get your tickets early for the George Paul Memorial SuperBull Event in Del Rio, Texas. This PBR sanctioned Bullriding event is the best party in Texas. Stock furnished by Bad Company Rodeo. And don't forget to visit the Corona Club in Cuidad Acuna, Mex.
Glad I don't live in your State. It's a lot easier in Colorado. Life and suffering are inseparable.
Well, if that works where you are. Here all evictions require a 3 day notice followed and then filed in court. Total process is 2 to 3 weeks, not bad really but you can't do a 24 hour notice and out under any circustances. DanT
Bill,
I've been at it for 25 years, with anywhere from 4 to 17 units, so I've had my hard knocks. I've only had to do three evictions, only one where I actually had to follow through with the legal remedies, the Dispossessory Warrant, then an appointment for a Deputy to meet me at the property to supervise the placing of the tenants possessions out by the street.
Here in my jurisdiction, with plenty of documentation, I would go to the courthouse if the tenant wasn't out by the deadline. I would file a Dispossessory Warrant, ( $52, which is added to the amount owed by the tenant ) They would have 7 days to either move out or file a written apppeal/arguement. If they haven't answered the court, and are still in the house after the 7 days, the judge would rule against them, then I could see the Sheriff and make an appointment to put them out. Entering the house requires that a Deputy be there with me. When he sees that everything is in order, he gives me the go-ahead to place everything out by the curb.
If they withhold the August rent, take whatever action your lease specifies - mine says eviction proceedings start if rent and the late charge aren't paid by the 15th. I would file on the 16th, and the 7 days begins then.
Good luck. Whatever the cost, at least you'll be rid of them.
Greg
Don't do anything yourself that is not in the courts. Do not do anything that will give her a claim that you are harrassing her -- mental anguish and all that.
Especially DO NOT turn off her essential services - water, electricity, etc.
DO NOT interfere with her contracts with suppliers -- water comany, electric company, etc.
Otherwise, you may find yourself facing a very large monetary fine from the court, a damage suit from her and, depending in where you live, a criminal charge! No kidding.
Go get a lawyer. A good one. Get one now!
Suits in small claims usually don't work for landlord-tenant disputes. That's what landlord-tenant court is supposed to be for. And in that court, it's stacked against the landlord. That's the breaks, you heartless, money-grubbing, capitalist! :>)
And, (just to make your day) in many states if there so much as a hair out of place in the rental unit, you get nothing. So you fix that problem and refile and go back in to court by which time something else is broken (even something she's deliberately broken), so you lose all over again. Don't deal with it. Save your peace of mind, your blood pressure, and the rest of your life - let your lawyer fight her.
On the bright side, your lawyer may be able to threaten her with countersuits over the loss of damage caused be her holding over into the busy season and use that as leverage to negotiate to get her out. But, face it, she's probably going to be there past 9/1. And, she's probably judgment proof.
Ain't America great?
Griff
Here's a link to an article from Lowe's that I just received in my email. It's titled how to avoid a bad tenant, but really deals with what to do with one when you have one.
Good reading.
http://forpros.lowes.com/articles/0705avoid.cfm
Griff
great article griff. excellent point about documenting even the smallest problems asap.
one bad one... and you really don't have a bad one... can really turn you on have'n reantals... (my worst was a dude who turned a really ice place in a nice area into a crack house... the day i found out and went over there were 23 people in the house and 3 dogs... while i was there at least 10 cars pulled up to "do business" and all this happened in less than 2 weeks from move'n in...)
now all i do is commerical... office and retail space.. the law looks down on toss'n some mom & kids out on the street... but they really don't care if you lock a dude out of his office or store... in my state i have a leasehold on everything inside the building... i can by law change the locks when the rent is one day late and i can terminate the lease if any part or clause of it is broken.. ( bounced check... late rent... ect...) don't pay your rent... I get your stuff... and you still owe me the balance of your lease... (unless i release the space)
I still get screwed... but it's my choice and bad judgement... not the law telling me i have to house people for free...
pony
Anyone ever considering rental property, or anyone who currently owns rental property should see the old Michael Keaton movie, Pacific Heights.
Oh, it's a killer film about the genuine bad tenant from he!!.
It's really worth a look.
And for anyone considering buying an older home, The Money Pit is absolutely required ! !
Greg
Bill - I did a bunch of landlord tenant work for one landlord in NY for years. We were constantly in Court. Depending on the Court, they can be really tenant oriented (12 months to get them out) or just favorable to them ( 3 months with the Sheriff). I think going to the lawyer right away was a smart move (just hope he is familiar with l/t stuff). Cross your t's dot the i's because the clerks and judges in these matters are usually finicky. Do not try to self evict - or turn off utilities. Here, that's a crime. As far as the advice to turn off water, on a practical level, when the water goes out and she stops washing the floor and flushing the toilet - do you think that's going to make it pretty after a week or two? Who do you think will get stuck with the clean up?
Three things that have not been mentioned. First, I would try to get in there asap with a digital camera or video, to document the present condition of the house. Do it with her permission. That can be valuable at trial. Second, you have a lawyer and I think you said she has one. Can you set up a 4 way meeting (2 clients/2 lawyers) now? Last, I have found the power of the Court helpful in one way - if you have a Stipulation (agreement) that is made in court in front of a judge, it's really hard for a tenant to come back later and ask for one more chance...I used to write a provision that the landlord got a Warrant of Eviction and money Judgment issued immediately and it would be held in escrow pending the tenant's performance. If they didn't do what they needed to, the Warrant went out to the Sheriff. The real pro's still delayed things sometimes, but most often, they left. (Your tenant doesn't sound like a professional deadbeat, just a bit of a loon.)
Good luck. Don
Re: "Obviously, I'll hire a lawyer at some point, but I'm trying to postpone that a little longer."
Usually a lawyer is not required. At least they aren't around here. There is a series of steps necessary. A couple of notices and then a notice to seize the property delivered by a document server with he sheriff's department, costs about $50. Then there is a final notice and you pay the sheriff to evict the tenant. I may have left out a step and gotten the order backwards but that's the outline.
In theory after a warning that you are demanding payment and intend to evict them you can move them out in 90 days. All this is done as a civil procedure and the path at the courthouse is well worn. Just a matter of providing proof of ownership, filing the paperwork and complying with a series of legal windows which are intended to provide adequate and fare notice and time to appeal.
If the tenant appeals you may have to talk to a judge to show documentation of a reason to evict. Make sure your documentation is in order as this is the biggest stumbling block, or so I have been told, that smaller and more casual renters run into. The judge may grant an extension to the tenant if they claim hardship or your case, documentation, is weak. Usually not more than 30 days with 90 days at the extreme limit. This is on top of the legal minimum of 90 days.
Bad news is that in theory it may take up to 180 days, essential six months to move them out. And there is the danger they take out their frustration on your property.
There are two resources that may help. First talk to the clerks at the courthouse. in any moderately populated area the clerks deal with these issues several times a day and, if you are nice about it and strike the right chord, they can walk you through the process. You might need to pay a $10 paperwork fee for the forms, copying and filing.
The other source of information is other people who rent out property and rental agents. They live and breath eviction and know how to record problems in way that will get you maximum traction with the law. They know the ropes and, again, if you strike the right chords, they can talk you through the process. This is often a frequent area of discussion for these folks, kind of like hammers and war stories for carpenters, and they are happy to share their wisdom and experiences. Get a rental agent started about horror stories with tenants and they can go for a long time.
You could hire a lawyer to show you the ropes but you will have to pay. And this is not complicated nor arcane. Ask around and there are plenty of people who have faced the same situation.
Get in tight with the people who do a lot of renting and they can tune you in to methods of spotting trouble tenants. Some have informal or semi-formal lists of renters from hell.
re a finger in a picture and relative size- just take a 12" ruler with you and stick it close to the things you photograph up close. use a yardstick if the damage is big, but don't mix both 12" and 36". your reference (ruler) needs to be the same in every pic.