Rental Question - Opinions?

The property I rent out has a house that is rented out, and there is a large garage split into 2 parts, each of which is rented out separately. The front half is rented by a friend of mine who uses it as a base of operations for his LeMons team. The back part is rented out by a landscaper who I've known for about 10 years. He keeps some of his equipment and a couple of trailers back there, and uses it for working on his stuff when it breaks.

Over the past year or so I've started getting complaints about the landscaper. First there was a neighbor who complained that he was running a business illegally out of the garage (the code inspector who came to investigate found the complaint baseless). But then other neighbors complained to me about noise, trash left outside the building, and then once that someone (who was not the landscaper) was living back there- which I found to be true. Since there's no bathroom, it's not livable space, and I told the landscaper it was not to be used as such. I got on his case about the mess, and he cleaned it up some, neighbors seemed placated, and all was fine for a few months...

About a month ago, I got a call from one of the house tenants. He said that they'd left some stuff on the porch the other night and it was gone, and knew that the landscaper and some of his workers had been there while they were not. He also said he'd seen people coming and going from the back garage at all hours, seeming to live back there. And one of the neighbors said the same thing to me. When I confronted the landscaper he admitted that he'd been allowing a guy to sleep there, and he'd found out that the guy had taken some stuff off the porch.

Now, the house tenants pay $1500 a month in rent. This garage renter pays me $200 a month, plus mowing the grass. Who do I need to keep happy? Yep. I told the landscaper this was it, he needed to pack everything and go. He pleaded for some time, so I gave him until December 1- and this was at the end of October, so that was 5 weeks time. Plenty of time to move a house, let alone a garage with some tools and weedeaters. I even told him he didn't have to pay me the last month's rent. See how nice a guy I am?

Well, I've been going back there once a week or so to check, and while I haven't seen inside the garage, he hasn't cleaned up anything outside- still a bunch of crap there. I have a new tenant moving his stuff into the garage on December 1 (he wants to store a couple of cars there) and I was getting nervous. So I called the landscaper yesterday about 1 PM and left him a message reminding him of the move-out date and letting him know I have a new tenant moving in on the 1rst.

At 8:42 I received a text:

"This is stans wife stan is out of town for a couple months his mother is very ill is there anyway if we keep paying the rent he could keep the garage. Hus season is over so no one will be at the shop. this happen very sudden so he wasn't able to get in touch with you"

Which is all obvious bullE36 M3. First, it's Stan's cell phone- why is his wife (who is a whole other piece of work...) texting me? Why did they wait until I contacted them to lay some story on me? Why wait until the 4th week of a 5 week move-out grace period to move out? Sadly, I predicted this would happen back in October- that Dec 1 would get here and he'd plead for more time.

So, now I'm pissed.

"Sorry. Can't do it. I gave him 5 weeks. The shop needs to be empty before December 1. I have a new tenant coming in then. Stan had plenty of notice."

Reply:

"I understand. Do you know of any other garages. For rent? And it will be cleared out thank you"

So, seeming understanding. But I'm still pissed. The tenants are not happy, he's pushed his luck for a while now and now he's trying to keep dragging this out.

"No, I don't. Thank you." "Everything in the yard needs to be gone, too. Trailers, piles of dirt, canoes, truck parts, etc. Whatever is left on December first will be hauled away. I'm sorry but I had too many complaints from neighbors, zoning, tenants, etc."

And whoever it was texting me (Stan's wife? Stan? Who knows?) replied,

"I understand completely"

My concern is that Dec. 1 arrives, I get to the house with the new garage renter, and the garage is still full of crap. What do I do then? Show up with my truck and trailer and haul it away? Move it all onto the lawn and tell him to come and get it? Hold an emergency garage sale?

Reiterate that the drop deadline is dec 1. All items left become yours for what you see fit to do with them. Expect a bill for cleanup connected with the termination of your rented space.

Be careful. Most states do not give you possession of the property without the intervention of the Sheriff, and the contents are not yours without a court judgement.

Sucks, but you may not be able to rent it without formal eviction proceedings.

What does your lawyer say? Have him/her send the landscaper a nice, polite but firm registered letter (he has to sign to acknowledge receipt) and see what happens on Dec. 2nd.

Good luck.

As said above, there are formal procedures for eviction. These vary by municipality. Your local housing authority should be able to give guidance (or their website.)

Seems you tried the "gentlemanly", "let's work together" approach and he is not willing to "be cool about it."

I don't have a lawyer. Haven't needed one. Yet. knock on wood

The landscaper has never had an actual written lease. He's been renting the garage for about 8 or 9 years now and we've never had anything in writing. I don't know what that means for either of us from a legal perspective. To me, it means the garage is mine and he's trespassing if I call the sheriff.

I would think simply placing all of his stuff outside so the new renter can come in and notifying him of this would be sufficient.

Also, realize we're dealing with the rental of a garage. it's not a living space. My understanding is that evicting someone from a place they live is a whole lot harder than reclaiming what's basically a storage facility.

volvoclearinghouse wrote: I don't have a lawyer. Haven't needed one. Yet. *knock on wood* The landscaper has never had an actual written lease. He's been renting the garage for about 8 or 9 years now and we've never had anything in writing. I don't know what that means for either of us from a legal perspective. To me, it means the garage is mine and he's trespassing if I call the sheriff. I would think simply placing all of his stuff outside so the new renter can come in and notifying him of this would be sufficient. Also, realize we're dealing with the rental of a garage. it's not a living space. My understanding is that evicting someone from a place they live is a whole lot harder than reclaiming what's basically a storage facility.

I wouldn't be so sure about that, you may want to read up about the rules. Does he have a key to the property? Does he receive mail there? Laws are written to be very much in favor of the lessee in these situations. I would play Mr. Nice guy and do everything I can not to harass him and help him get out by Dec 1. Otherwise he could very easily stay there for months while the eviction process plays out.

At least that's how it works in Florida. YMMV

He has a key to a padlock on the garage. That's it. I can cut the lock off easily. He does not receive mail or pay any bills there.

He's also not a minority, so no one can claim any discrimination nor anything.

He's also, not incredibly bright. Actually, he's pretty stupid. Nice, generally, but dumb. I don't see much potential for legal action on his behalf.

volvoclearinghouse wrote: Also, realize we're dealing with the rental of a garage. it's not a living space. My understanding is that evicting someone from a place they live is a whole lot harder than reclaiming what's basically a storage facility.

This. Much like a U-Store-it rent a box, he paid for (and abused) a storage facility and is now out. I'd call the sheriff just to cover your six but it sounds to me like anything left there is abandoned property past Dec 1st. I'd sure there are people who would come clean it up for the stuff that's there.

Do not call the housing people! This is not housing. This is commercial space. Treat it like a business eviction. You may want to hold off on throwing a ton of clearly valuable/usable stuff out but you do not have the same requirements when kicking someone out of commercial storage as you do when evicting someone from a house. The last thing you want to do is get any housing people involved.

Despite not having a written lease they still have some rights, but I don't know what those are. In the past when kicking someone out (of a small commercial space, it was basically an equipment rack with an antenna on the roof of our building), I sent them a registered letter demanding back rent and vacating the space. I gave them 30 or 60 days, can't remember which, then sold off the stuff that was worth selling to cover my costs. I never heard from them. This was a bigger company - someone small time like the landscaper has more to lose so he might fight more and file small claims or something if you toss his stuff.

I recommend a strongly worded letter now, registered mail, and continuing the follow up texts. Reiterate that anything left 12/1 will be disposed of. Beyond that I don't know what you can do until 12/1.

Sorry to hear about the situation.

The advice you are getting is worth what you are paying, including mine. It's not a residential lease, but he will likely have some rights as a storage tenant. You can certainly wait until 12/1 and hope, but I suggest you prepare for the likelihood that stuff will still be there on 12/1 (and it sounds like you expect that to occur). You need to understand what you are legally allowed to do with his stuff. I'm an attorney, but I don't know what state you are in and even if I did, I wouldn't know what local and state laws allow you to do without looking at it. I expect you will have some obligation to preserve his non trash stuff for some time. You also may be required to give him some notice before you remove and/or dispose of his stuff. I do suggest that you send a formal letter confirming what you said in the text and preserve your text messages as well. The letter doesn't need to be on attorney letterhead (that will escalate the situation, perhaps unnecessarily), but it would help to involve a lawyer so you know what you are allowed to do, and he may include any required notice language in the letter. If you don't know any lawyers at all, perhaps a friend/business person can recommend one. Or contact your local bar association - they likely have a referral system. Getting the good advice on what you are allowed to do should not cost much in billable time - perhaps a few hundred. This post isn't to be considered legal advice, you aren't my client, etc. - just trying to steer you to the help you may need. Good luck - hopefully it will work out but it is good to be prepared so you can get your new tenant in without too much hassle.

I discussed with my friend/ co worker who also rents property, and he suggested similar course of action- write a letter, formalize it, and then, come Dec 1, if his stuff is still there and locked, over-lock his lock so he has no access to the property. This is what storage facilities do. Then he has x time to pay back rent, clear out, etc and has to coordinate with me, and if he doesn't, the property becomes mine. And he owes me for back rent and disposal costs.

Sounds like I could get screwed trying to move the new guy in, but the possibility of legal action may motivate the deadbeat some.

Have the person in the front move their stuff out, double down on the insurance, ignite and rebuild said garage. Blame the blaze on leaky lawn equipment and sue delinquent tenant.

In reply to captdownshift:

It's a brick and steel garage. Not much to burn.

In reply to klb67:

Maryland. Next state down from you.

Hang on...

2 different posters have said this is not residential space. That may or may not be true.

It may in fact be residentially zoned, and you are illegally renting space to a commercial tenant. If you want to play hardball, be prepared he may play back.

You have received checks from him for some purpose, cashed them, and deposited them in your bank account. You can't claim he's trespassing- you gave him permission, and have been joyfully receiving his money for the services rendered.

You are now trying to evict him, perhaps on hearsay. Have you documented anything you have agreed to? If you gave him no lease, he may be in violation of absolutely nothing.

You do need an attorney. You needed one when you let him move in to draft the lease you should have had.

I have no idea what the tenant rights are in your state, and apparently you don't either. Just be aware, he does have rights, and tenant rights are sometimes much stronger than landlord rights in many states.

^That. Nothing in writing was a big no-no.

And if you want to formalize it with a letter I don't think 10 days with a holiday thrown in would count as "sufficient notice."

While it may be in a residential area, there is no disputing that it is not a residence. You do not get the same rights as a tenant renting a garage versus renting a house - for good reason. That is my intended claim; using the term commercial space may not have been right, but he is not renting a home to this tenant.

I definitely agree that the specifics are better known to a lawyer with experience in his area. He's not likely to get too far with a trespassing charge but sometimes calling the police will get things done - but that's likely not productive until 12/1 comes with him still there.

SVreX wrote: You have received checks from him for some purpose, cashed them, and deposited them in your bank account. You can't claim he's trespassing- you gave him permission, and have been joyfully receiving his money for the services rendered.

I was just going to say this. You've been cashing his checks on a regular basis. That's at least an implied lease, even if there isn't anything in writing.

You are screwed. Laws (at least in the Cleveland Ohio area) are so in favor of the renter it is not funny. Time to lawyer up.

If you want to gamble, I would cut the lock off on 12/1, go in and document everything, including the condition with pictures and videos.

Then move it all to a U-store it and let the person know that you will hold it for a cost of $?? per day. then immediately start eviction.

From what I have seen after watching my in-laws rent houses and commercial properties for the last 25+ years. The dumber the renter appears, the more lenient the judge becomes (in their favor).

Interestingly, there hasn't been a "steady stream of checks". He sometimes pays with a check, often late, many times 2 to 3 months at a time. Sometimes cash. Sometimes we "bartered"- he'd cut down a tree or something for me in exchange for some rent. I'm a bit sad, as we had a pretty good thing going- he had a nice space for a very reasonable price, and he wasn't generally a bad guy. I knew his business was up and down so I'd float him months from time to time, and he was always good for his word.

I do have a very good lease for the house tenants, and I've used it in the past. I didn't use it for the garage because it seemed overkill. When I finally get the new tenant in I'm going to borrow some lease from a storage facility and have the new guy sign it. Lesson learned.

I have been documenting the problems and complaints, I have pictures, etc. He's even admitted to the problems. Between the house tenants and the neighbors I'd have no trouble having witnesses on my side.

I wrote said letter and had a copy delivered to his house, taped to the garage door, emailed and texted to him. He texted to acknowledge receipt and promised he'd be out by Dec. 1.

So, we'll see.

Here's hoping. We have been very lucky with our tenants, but had one major problem tenant a few years back. We did like you and worked and worked with them but they just couldn't keep up. It was hard to see them go (they were tenants for 8 years or so) as we're pretty close with our tenants despite it being commercial property. But let me tell you, running that "accounts receivable" report and having it show zeros is amazing after four years of stress chasing after rent.

This is getting stupider and stupider. Yesterday I got a letter in the mail from the garage tenant in question. He claimed to be incarcerated for driving under a suspended license. He acknowledged receipt of the letter I'd left him to formalize the move-out but said that he would be out (now) by January. The letter rambled on for a bit, he ensured me he would not be vindictive towards me (!!), called one of the house tenants a "fat bitch", and told me to call his son if I had any problems.

I feel like I'm on a soap opera or something. "The Garages of our Lives"

Well now you know the reason for his flakiness.

I know nothing about renters rights in MD, but I would guess they are not as stringent as for residences.

Assuming he's actually in prison, and this isn't more lies. Remember, I got a text around a week ago that he was supposedly out of state dealing with his sick mother.

Looking at the public records, the guy's name is like a rash on the criminal, traffic, and family case files. Terrific.