Hi, really wanting to evict this tenant, always rude, super dirty, and loud. I live on the second floor and have always been understanding to the point of waiting 1 whole month late 🙃 and only asking for a late fee after it was the 28th of the month even though it was due the 1st. March would be the 3rd month with them and they don't have a security deposit nor a lease (tenant lived here when I bought the place) it's a single parent with a big family so I've tried to be understanding...

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Get a lawyer. You need to set boundaries.

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Have them submit maintenance requests. Ask for availability in the form. Don’t interact if don’t need to. Operate like you have a property manager

I own and help manage 15 Units. Asking for money is archaic. It should be done by a payment system. When they are late they get a late fee when two weeks pass the eviction process starts.

likehelpful

This will depend on your state landlord tenant laws. Look to see what the steps are for either a no-cause eviction and/or implementing a lease on a tenant with no existing lease.

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Exactly. Which state are you in?

likeuplifting

If people are living in the apartment without a lease in place, you don’t have tenants, you have squatters. Give them written notice of thirty days to vacate.

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Yep after all that attitude, they didn’t pay 💀 what a joke. I’m evicting, thanks for everyone’s advice!

likehelpful

Non-payment of rent should allow you to post a 3-day notice to vacate. Check your local laws about required grace periods, etc., and then get on it. This tenant won’t get better. I’m about to do the same to a woman who has started to pay late. This will likely be her second month in a row of paying late, but will be her last. she’s a pain otherwise too. Loud music, etc. Bugs the other tenants. I could probably claim that she impacts the “quiet enjoyment” of the other tenants, too, but it’s the late rent that gives me the most watertight cause to evict.

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It’s not the tenant’s fault they don’t have a lease or security deposit. It’s the landlord who allowed them in before you bought the place - and yours for not implementing a new lease.

But if they have no lease how do you have the right to charge a late fee?

Be careful not charging late fees (if outlined in the lease) or giving delinquency notices or moving to evict if they stay delinquent after the notice is given. Not enforcing lease terms can give them ammunition to fight eviction. They can claim the lease is t enforceable because you never enforced it.

You can’t just randomly evict if they are loud. Do it the right way and hire a lawyer to help given it seems you’ve never done this. Notices matter and you need to carefully follow your state’s rules.

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Get a new tenant

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Hope you have documentation of all the times rent was late and etc. This will help your case.

Side note: it’s so hard to not be like “well I gotta remind you or else you WOULD try to live here for free 🥸💀”

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Moving forward you cannot present yourself as an owner. You need to present yourself who is acting on behalf of the owner or a management team. This way they don’t take what your saying personally, they look at you like someone who is just doing there job. This is extremely important, the other party is taking this treatment as a personal attack which can leave your property vulnerable for damage.

likehelpful

In Nj

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Overall just very tired of the situation ... tenant didn’t even have heating when they rented because the previous owner was a slum lord... please help what should I do?

Additional context I’m younger than the tenant💀

OP - Solid advises above. Any suggestions on filtering such tenants? Did you see any red flags during screening? Just wanted to see if you have any insights to share with us.

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