Yesterday, I posted my first 30-day Notice to Vacate on a tenant that actually pays rent. (Evictions are only for deadbeats). I was planning on using a Process Server to serve the Notice, however, something happened yesterday that prompted immediate action on my part and I ended up serving the Notice to my tenant in person.

This 21 yr old single female tenant has only been with me for 6 months and is on a 1 year lease. This tenant is just plain lazy and will not roll her city supplied garbage can 50 ft. down a flat driveway to the street curb. Her foul smelling garbage can is always over-flowing and 2 weeks ago, I gave a 'notice to cure' this situation. She ignored it.

Yesterday, I was in her laundry room checking for a leaky pipe and I noticed that she is now taking large plastic bags of kitchen garbage and stacking them up them in her laundry room! Plus, the stench of this rotting garbage was nasty. (she was not home when I saw this). I then picked up one bag of garbage and saw live maggots. (This was the straw that broke the camels back). Within 1 hour, I had my 30-day Notice to Vacate and I presented it to her personally when she returned from work.

At first, she thought I was joking in giving her this Notice to Vacate and when she finally realized this was no joke, she got pissed off at me and said "your evicting me just because I put a few bags of garbage in the laundry room?" No, this is not an Eviction,..just my way of saying you are not welcome here anymore and I want you out in 30 days or less. I left the property on that note.

How would you have handled this situation?

I would have given a 14 day notice to cure and then when she didn't, I would have filed for eviction.

Doogie,

This is my first Notice to Vacate and I am sure I will find out soon what works and what does not. I took photos of the bags of garbage and a close-up photo of the maggots. If she and I end up in front of judge, I will have ample evidence to support my actions.

Generally speaking, I think you're moving in the right direction. However, a few thoughts:

1) IF she doesn't vacate as ordered, you will then have to evict. She's got that year lease, and until the court says she has to go, you have no right to kick her out unless you take her to court and prove the lease violation was severe enough. Now I see you have your photo evidence and that is good, but what if she doesn't go, then you file (and pay the fee) then she cleans it up? Will the judge really toss her if she has remedied the problem? Dunno. Your judge is different than mine. We will see.

2) No more going over there when she's not present. That's a no-no in my book, especially with the ladies. I can see the headlines now..."Young, distraught female tenant charges old pervert land lord for sneaks into her home to steal her undies..." We live in the "MeToo" world now: your conduct must be BEYOND REPROACH, and even then your name can still get smeared by a PO'd person. There are 10 million liberal activist out there ready to crucify you as guilty before the sun sinks. Remember the Kavanaugh hearings? My wife's cousin said on her FB page, "I KNOW he's guilty." I responded, "what if they can't find any evidence?" Her: "Doesn't matter: it's just a cover up. I know he's guilty." Uh-huh. She was only one out of thousands who stated the same.

Next time, make sure she and one other person are there, and preferably you bring a witness. It's the insanity of the world we live in that has tried to right the wrongs of the past by doing more wrongs today. Men are guilty until proven innocent in the eyes of the activists...and it will be impossible to prove your innocence to their standards. That's not sexist. That's not political. That is our current reality. Protect yourself in any potentially adversarial situation, and you're in one now with a PO'd female tenant.

For now, proceed and see if she moves out. If yes, yay! If not, file and be ready for court. Best wishes, friend. Tread cautiously but firmly.

Okay Sid,..I been waiting on your reply to this,..however, I am one step ahead of you.

First of all, 24 hours prior to my visit, I posted a 24 hour Notice to Enter sign on her front door. This notice said the reason for my visit would be a 'routine 6 month home inspection',...mainly to check for water leaks under the toilet tank and underneath the kitchen sink. I did locate a small amount of water on her bathroom floor but could not find where it was coming,..probably shower curtain failure here. Plus, I have a female personal assistant now and she was with me while I was there. She was the first one to discover the maggots too.

2nd issue - what if the tenant does not move out. In my typed letter attached to the 30-day Notice was verbage that says,...if you choose to stay here beyond June 30th (which she has a right to do),...then July rent will be still due on July 1st. As long as you have possession (front door key), then rent is always due on the 1st of any month including July. Failure to pay July rent will result my filing for an Eviction for Non-Payment of rent and the judge will decide how your deposit is accounted for.

Now, if she chooses to vacate by June 30th, I will refund 1/2 of her deposit and July rent will be null and void.

I agree with others - the original notice given 2 weeks ago would have been a cure or quit notice. When she neither cured (took the trash to the curb) nor quit (moved out) an eviction would have been filed.

This might be the long way to get the problem sorted out. O r not. She MIGHT just take your offer and move. If so, problem sorted and done. If she doesn’t move, then she is in charge. Notice to Vacate is for month to month periodic tenancies, at least in my city/state. There would be no grounds to move to a Holdover Eviction, as Notice to Vacate doesn’t apply to Lease for Term. ( unless your state is unusual.)

Disclaimer: yes, I believe in training tenants. I believe soft parenting and off the rails socialism school systems have trained younger generations to be idiots. I provide some basic, everyday training, and THEN, If they cannot get with the program, because I only do MTM periodic tenancies, I can give them 30 day Notice to Vacate. I feel , without training, landlords just shuffle bad tenants around, city officials pass more and more onerous laws that don’t work, and the only thing tenants learn is how to get around the next set of screening criteria.

How I handle a tenant who isn’t performing an essential task is, give them some training, set them up for success. In this instance, garbage not out on time, I do three things proactively, and it has worked.

1.) I always print out and tape the cities collection schedules on the underside of the lid of the trash and recycling bins. I have also been known to tape a copy inside the kitchen cabinets, especially for a new tenant.

2.) Discuss garbage and recycling frequently in my monthly newsletters that go out with rent receipts. My city has a good website where I can pull information, like where to take electronics. I discuss things like bagging smelly things like diapers or meat packages in empty bread or grocery bags, and then placing in kitchen garbage. Or, making fridge clean-out day the night before trash is collected.

3.) IF, and that’s a big IF, I see a tenant is having trouble with remembering trash day, I send a text the night before. If that text is NOT heeded, they WILL get a Notice to Cure. I’ve only given out one Notice to Cure on this subject, and that family did finally get with the program for trash/ recycling. (Though, they were eventually given Notice to Vacate over other things....)

This has worked well for me. I have been able to get a couple of tenants who were not performing to up their game. No, it won’t work for everyone.

Razorback said: "I'm curious - when you did the in-home inspection prior to approving her application was her previous home neat and clean? Any signs of not taking the trash out on a regular basis?"

This is my first tenant to actually live in the garage apartment that I bought and rehabbed last October/November 2018. This apartment was in it's most pristine condition when she moved in on November 30th. A new toilet had been installed but there was leak under the tank due to a water line connection nut not tighten securely. It was an easy fix but after 6 months I wanted to double check and see if there was more leaking either in the bath or kitchen. Again, I try to do 6 month maintenance inspections with all my properties, especially the ones where new plumbing water lines/fixtures had been installed in the last 6-12 months. I have had new PEX connections break loose before but those were caught in time before any major water damage occurred. It is the small water leaks that no tenant ever reports that concern me the most. I have had new 3/4 inch plywood sub-floors get saturated and rot out in 12 months due to an unreported water leak in the bathroom. Tenant only calls when the bathroom floor caves in.

Roy, it sounds like you're doing everything right. I only have one thing to add... document, document, document EVERYTHING...verbal conversations, texts (print them out...there's an app), dates, times; he said, she said, I said, etc.

I can't remember hearing about the "cure or quit" document...I'll have to go back to my paperwork and take a peep; I could use one of these! Good luck Roy; keep us posted on how it goes!

Yes, my lease has one sentence that says "Tenants, at their own expense, agree to maintain the premises in a clean and sanitary manner, including all kitchen appliances that are supplied with this house".

After this tenant vacates, I will never write another 1 year lease again,...I am going MTM from now on. I don't like having my hands tied with PITA tenant.

Terry (ID)

How do you document a conversation with a tenant? Wear a microphone/recorder under my shirt?

Whenever she calms down and just reads the information I gave her, I think she will realize that it is in her best interest to move out by June 30th and take my 'cash for keys' offer (1/2 of her deposit). After June 30th, July rent will be due and my cash for keys offer will be off the table.

@ Busy (WI) - I do not think you are an idiot for your 'soft parenting' style of management. It just tells me you have more patience with spoiled millennials than I do. This is the same tenant I had send a letter to 5 months ago telling her not to flush tampons down the toilet. I will be glad when this one is gone.

@ Terry (ID) - Thanks for the tips on how to document a conversation. Since my background (pre-LL) was in the commercial photography business, I know how to use a camera to document everything that would be considered evidence. While inspecting the inside of her apartment, I noticed this tenant has dirty clothes scattered around in every room. Just like her stacking bags of garbage in the laundry room, her un-washed clothes are done the same way. I do not think this tenant actually washes her clothes, she just buys new clothes at Walmart and the dirty ones are left on the floor. Piles and piles of dirty clothes were in every room!

Roy I read several times. I see where you gave notice to cure. I don't see notice to terminate the lease.... I do see notice to vacate also.

Myob,

Just how many fricking 'Notices to Do What' are required here? Geesh.

No, I have not sent a Notice to Terminate her lease, mainly because I am not evicting her,...I am just telling her (nicely) that our 6-month LL/Tenant relationship is not working out and I would like her to move out in 30 days or less. I told her this is no different than a young man/woman who have dated for 6 months and have decided it would be best to part ways. I am trying to take a 'mature personal approach' to this situation. I just want to end our relationship without involving the court system.

Roy make sure you quote that to the judge when she doesn't move because she still has a lease.

You've seen "my cousin Vinny" when he''s telling his girl it's all about procedure. You know where you learn to take off the Carb before changing the jets-- so you don't drop one into the intake manifold" it's the same.

The lease has to be terminated-- not just a move out notice-- cause she still has a contract.

How do you intend on taking this to the judge if she refuses to move and sends in her rent?

1st is "letter" to cure-- then #2nd "Official" NOTICE to cure then 3rd since not "cured" lease contract is now void and here is your 30 day notice to move. PROCEDURE!!!!! PROCESS!!!!!

Myob,

I sometimes wonder why I even have a lease with any tenant. Tenants never read them prior to signing them and once they are signed, I put my copy in my tenant file cabinet and never look at them again. Even when I am evicting a tenant and there is court date with the judge. I bring the lease to court with me but the judge has never once asked to see it! I have won every eviction I have filed (at least 15) without ever showing a lease to a judge.

Roy-- my thoughts are as yours.... No doubt about it.

Here is the inherent issue (s). You get a "fill in" judge, or one up for election or a lawyer running for office who wantS to help every voter out there. AT YOUR EXPENSE!

Tenants have this knack of googling everything and resisting everyone-- no matter how wrong they are. I have had some very server penalties, including being locked up by judges, just aching to make a point. DON'T GIVE UM AMMUNITION.

Safe bet is always "NOTICE TO CURE" THEN to terminate the lease CONTRACT WITH THEM.

Vee,

These maggots were very healthy and well-fed. They would have been ideal to bait a fishing hook with.

Roy - I agree with myob (GA)...it's a process you have to go thru, dot your "i's" cross your "t's". On your 30-day-notice to vacate you are obligated to give her a reason, i.e., infraction on the lease agreement; there needs to be a reason you are giving her notice to leave, and that reason is ............ referring to something in the lease agreement that she is "breaking" the agreement, or, not living up to the contract.

I watch allot of Judge Judy, and allot of these landlords get creamed because they are trying to impose their personal will upon the tenants....if it's not written on the lease agreement, it doesn't exist.

Also Roy - Personally, I always use a lease agreement, I was told a long time ago that there's more teeth for the landlord; versus a MTM. Maybe you need to check into a new lease agreement. I belong to a local apartment association (a branch of the national assn.) here in ID and they publish all the forms a landlord needs to conduct business...they are written by their attorneys.

One other thing comes to mind, why are you having to go through so many evictions? I've been landlording for the past 15 years and have/had many, many tenants...never once have I had to go thru an eviction process (knock on wood!). Maybe your pre-qualification/du-diligence process needs to be stepped up. Someone on MrLandlord.com once told me, it's easier (and cheaper) to do a thorough background check and investigation BEFORE you sign a lease, trust your instinct; rather than learn about the bad habits of a tenant AFTER they take possession of your property. One thing I always do, I take a peep inside their car to see how they maintain it...if it's full of McDonalds papers and cups and trash...this is how they keep their homes....

Another tidbit... when I sit with a tenant for signing the lease agreement, I go paragraph by paragraph on the WHOLE agreement and other paperwork. I explain each, and make them initial each; I know it's tedious and time consuming, but I want to make sure they understand the rules and regulations of living in my property. When through, I make copies of the signed docs and give them a file folder with everything they signed... 9 times out of 10, they misplace it, but can't say they weren't notified, because you have a copy and you have documentation that they also have a copy...

Terry (ID)

15 evictions in 13 years of LLing,...which is just roughly one eviction per year,..is that so bad? I know local LL's who consider eviction court their 2nd home and they are on a first name basis with the judge. And another group of local LL's do 'self-help' evictions and they never even step foot in a courtroom. I am not kidding.

Also, do you have any Class C -southern rednecks for tenants? These are a different breed than other Class C tenants. They require a different management style which is hard for me to explain but being a professional 'take no B.S.' / 'street-wise' LL is where I am going with this.

If anyone on this forum considers themselves to be a "street-wise" LL,..(I think MYOB is), I wish you would make yourself known here and tell me how I can become more like YOU.

Had never given it that kind of thought. I know this. Many have fallen by the wayside--- I mean many because they didn't treat this like the business it is. Laws written in black and white-- analysed by judges AS "well I know what it say but I don't think that what it means"??? Who can fight that. Another says if Tenants answers, the suit for non payment of rent, the rent must be paid into the court while waiting on court date. Why does it say that-- because in our state there is no legal reason -- none -- not to pay rent.

Next tenant answers court-- "I have not paid rent" suit is for "not paying rent". Do we have to go to court? -- Tenant admits the fact of the case with their answer. WHY do we have to wait 2 weeks for a court hearing?

So you get hardened to the SYSTEM. My insurance man told us 2 years ago--- Don you and Barbara are the last ones. I had 20+ people who were LL's and all except you 2 have thrown in the towel. WHY? Because sweet don't get it.....We have rules and guidelines to ADHERE to Roy--- notice I didn't say follow-- they are non negotiable.

Anyone remember the ol commercial-- "pay me now or pay me later" we adhere 100% to that pay me later (collection and garnishment).

Have heard these words: man your a p**** and one tenant told the judge "I'm afraid of him" and needed counseling. (Seriously)

Terry (ID)

I have no more to say either. This post has been a good one but Myob has worn me out. My fingers need a rest from this keyboard. I may even have carpel tunnel syndrome now. Can I get a government check for that?