Landlord Q & A: tenant threatening because of property sale?
March 15, 2010
We are selling our rented house with the closing date after the lease is done. Now our tenants are threatening to damage the house and make harassment calls in the middle of the night because they do not want to move out when the lease is up. They refused us access to the house for the new owners to be to able to estimate the cost for their loan for the home improvements, even though in the lease we only have to give 24-hours notice, we gave them several days notice. That’s when the threats started. Can we evict them for
1. breaking the lease
2. Threatening property damage & the harassing? Thank you.
They have probably violated the terms of the lease by refusing entry and risk being evicted as a result. They have not done any damage, so far, and as a result all you have is hot air. Your remedies are undoubtedly spelled out in the language of the lease. Make sure you follow them to the letter or you will likely lose the eviction.
In addition because your tenants are disrupting the sale of the property, you could sue them for restraint of trade, as well. What you chances of winning the suit are, I couldn’t tell you, but the threat of the suit could bring them around fairly quickly.
About the Author: Bob Cain
Some 30 years ago Bob Cain went to a no-money-down seminar and got the notion that owning rental property would be just the best idea there is for making money. He bought some. Trouble was, what he learned at the seminar didn’t tell him how to make money on his rental property. He went looking for help in the form of a magazine or newsletter about the business. He couldn't find any.
Always ready to jump at a great idea, he decided he could put his speaking and writing skills to work and perform a valuable service for other investors who needed more information about property management. So Bob ferreted out the secrets, tricks and techniques of property management wherever he found them; then he passed them along to other landlords.
For over 25 years now, Bob has been publishing information, giving speeches, putting on seminars and workshops, and consulting for landlords on how to buy, rent and manage property more effectively.