As landlords, how do we protect ourselves against bad tenants?

Question

What's the best way to protect ourselves against bad tenants? If we get a really bad tenant (and please don't reply with "don't rent to bad tenants," although I admit screening is a big part of the process). However, if you do get into a situation with a bad tenant and they just sit in your property for several months not paying rent while you take the "proper" route through the municipal court system and Sheriff's Office, how are we expected to pay the mortgage? Does anyone make tenants sign waivers stating that we can change the locks in order to move them out within "x" number of days after they haven't paid rent? Does anyone have some strong suggestions to protect themselves to the fullest extent?

Answer 1

Which state takes months? CA has them out in weeks.

The waiver to change locks will not hold up in court. Sorry, but it won't.

Charge a large enough deposit to cover at least one months mortgage and always start eviction right away if they are late.

You may want to make sure rent covers the cost to file the eviction, which is 132 in my city. I am appalled that it is so high, because I know many landlords are barely making it. Cities should support us in our efforts to provide housing, not make it difficult.

Answer 2

Those waivers would only get you in trouble. If the tenant took you to court over a lockout and you waved the contract in the judge's face it's very likely that the judge would void the contract in its entirety! At the very least the judge would declare the clause unenforceable and order treble damages to the tenant. He'd probably also quash any eviction action you had on the docket and force you back to square one to start over. That would be LOTS of fun, huh?

You deal with the problem by having a contengency plan in place to cover mortgage payments until you evict the deadwood properly. It's a business and you have to run it like one.

I used a line of credit at my credit union to get me through the dry spells when a dirtbag tenant was being evicted and/or when I was having to put a property back in habitable condition after an eviction or midnight move-out. Over time I built up a war chest of about 6 months worth of mortgage payments. You should do the same.

How do you figure months for an eviction? The longest one I ever did took all of 40 days. I would give a 3-day notice 5 days after the rent was due, served in person by a registered process server, and would file in court on day 4. Within 10 days we'd be in court and usually within 15 days after that they'd be on the street. Most of them skipped out a few days after receiving the summons so it was really a moot point.

Answer 3

Legally you can not chance the locks, even if the tenant signs an agreement,because the "agreement" can not supersede the law.It would be considered "an Illegal eviction" and the bad tenant can collect money from it. Bad tenants know how to work the laws in their favor. I think it's horrible that people do this. Even if you take them to court and win, you stand a very slim chance of ever seeing money from them. I am a tenant, a very good one. I pay my rent early,I have put new flooring down and a new stove ,sink counter top and light fixtures and never asked my land lord for a dime. He has kept my rent the same for 14 yrs, so it's a win, win thing for both of us. The lease they sign is supposed to protect you and them but land lords always get screwed and I'm sorry about that.

Answer 4

I quit using 6 or 12 month leases and only do month to month. I've found if a tenent is going to skip paying rent then the longer lease doesn't do any good; a deadbeat is a deadbeat. If they don't pay rent, 30 day notice is given. I don't need a reason.

I've also been very firm on deposits. If a tenant doesn't have steady income, insist on a larger deposit. That way, they quit paying, 30 day notice, out they go. Where I live with the courts involved it takes at most 60 days for the sherrif to bounce them out.

Answer 5

first you can not have a provision which violated a state statute so your ideas are illegal and will get you into trouble

now on the months to evict, without knowing the exact reason for the eviction, a non-payment should never take months if done properly, a lease violation is a different story

that is why I agree with the other poster that a month to month lease is the best,

if you do not like the way they are taking care of the unit, then you can give month notice to leave, if they stop paying rent you must at the day it is late file for eviction, no excuses on that one

Answer 6

Welcome to the world of rentals. You do the checks and you can end up with the tenants from hell and most of them know the rules and regs to the T and they know exactly how long you have to perform certain acts to get them out and they use that knowledge most effectively.

The state rules tof LL's apply not you wanting to side step those rules and regs.

Change locks? They have all the rights so you need to know that going in, accept it, or forget being a LL. It is not pretty, sometimes.

Answer 7

I think your on to something with the clause but I'm not an expert. References, References and credit checks. If life was easy everybody would be doing it. Higher sec. deposit.? credit card # with a written agreement ?

Answer 8

it is the screening process.....and having lots of properties,,,,,,,,,,,everyone gets a lemon now and then.............do the work ahead of time....do the court stuff and don't overextend yourself.............