Gave tenant a 5 day notice yesterday for monies owed and now they're claiming sickness and mold behind the bathroom vanity.

Asked by Kurt Grosse, Las Vegas, NV Fri Sep 23, 2011

They're going to the doctor tomorrow but want to stay. I want them gone. They want their security deposit as last months rent claiming they can't afford to move or they need a refund before they move. I had a professional plumber fix a leak in June. He made no mold/drywall comments on the bill. Wall is not wet and there is no smell. They have a non-allowed pit bull puppy but tell me to prove it. I want to sell and they won't cooperate with showings. I live 600 miles away. Any advice? Have eviction laws changed in the last 2 years?

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Realestate, , New Mexico
Tue Oct 11, 2011
Evict them asap. They need to give you notice of problems. If you address them supposed problems, then you are safe. If they don't pay EVICT THEM DEADBEATS ASAP. Who cares why they didn't pay get'em out...lose your heart and get them out asap or they WILL suck you dry.

Eviction process:

3 Day notice
No money - File with Court
Serve them
Go to court
Evict them and get the Writ/Judgement
Max 7 days after eviction they MUST be out if not
Kickem out and change the locks.

Keep good records for the court and get them out asap.
1 vote
Bill Eckler, Agent, Venice, FL
Fri Sep 23, 2011

This is so unfair....why should a "dead beat" tenant be able to get away with this type of behavior. There are really only two approaches when dealing with these situations. One of "stroking" and one of "poking." In this case it would appear that stroking has already been ruled out.

It's sad to say that buying them out is an alternative but given the circumstances it may be your best choice. Refunding a portion or all of their deposit money and a relocation stipend may get their attention. On the surface this may appear costly but in the long run it could save you money. Stroking.

The "poking" approach would involve staying with the eviction process but stepping it up a bit. Involve an attorney and have them draft a couple letters that can be sent at various times. Bombarding them with letters explaining your rights and possible actions may also get their attention. It may be beneficial to have a licensed mold abatement company evaluate the alleged problem so that can be ruled out or remediated.

Remember, as a landlord you DO have's just too bad you need to fight so hard to get them.

Good luck,

1 vote
Scott Asbill, Agent, Albuquerque, NM
Mon Jan 2, 2012
Only a suggestion. Since your not close enough to door knock or collect in person perhaps higher a property manager? This way you would have someone local on your side. I bet the tenant would change their mind if informed that they will need to sign a new lease whether they stay or not and their deposit has been transferred to a management company. The management company could then start making inspections and documents and represent after you file a small claims court case for eviction and rent. If the tenant can't afford to move out unless you give them money how are they going to pay for the next place? Sounds like the process won't be a good one. The property manager can give the three day notice for inspection or showing as required and be present if there is a showing with a buyer's agent having an officer there the first few showings would certainly send a message. Been there done all that, lots of stress.
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