Removing Renters from a farm???
 

I just got back from answering a complaint by a neighbor on a 4-wheeler party on one of my family farms, the short story is a bunch of drunk rednecks are running up and down the road on ATV's with no mufflers, here riding on the road is illegal, and mufflers are required offroad. The confrontation was short....I told them they were out of the 4 - wheeler business, I said 100% with no negotiation. They rent a small 1/3 acre lot and are not allowed access to farm. The lease clearly states that for biosecurity the farm is off limits to any ingress. They are always on time with there rent. the lease is month- to -month. How have you removed renters???

On a month to month you should just be able to give them a 30 day notice. I'm sure this varies by state. As long as they can't claim some kind of discrimination you should be alright.

Don't know wher you are located. But around here you must get a evection order and let it run the course. Then the sheriff can do traspass on them and arest them. That is the only way you can get rid of them. Laws varry from state to state but that is the leagel way to get them off.

First, I'd tell them in clear words to get off my property. While "you're out of the 4 wheeler business" might seem clear to you, they need to hear the words, "get out now" I'm assuming they have a trailer on that lot? Without a signed lease thay have no rights. Tell them that if they don't leave, you'l call the law and they'll still be out, just with court costs.
In the past, I've had to tell renters, " Hey this isn't working out. I thought you'd respect my property, but I see you don't so it's time you left. You need to be out by the first. I'll come by on the 30th and check things over and we can discuss the security deposit." Generally the dirt bags will forgo the security deposit and simply leave the place a mess. You may want to ask the Sheriff to get a feel for how he may want to help. Sometimes a bit of heat from the law helps, but you need to know if push comes to shove if local law is with ya or again' ya.

I abide by the general statutes regarding landlord tenant in the state that I reside. Month to month only get a weeks notice here. Give the notice in writing and start the summary ejection process. Adhere to the guidelines and you will have them evicted in short order. Do not give the courts any area to argue the tenants situation. The magistrate/judge will have no choice but to tell them to leave.

Will depend on your state laws & how much they (renters) want to fight you on it.

--->Paul

month to month...

terminate the lease, give them 30 days notice.

in 31 days call the sheriff to evict them by force.

or use gopher gassers, they work too.

I would wait and see if they abide by the rule you layed down. You said they paid the rent on time every month, which is a good thing. Just wait and see how they react. You said they were running up and down the road, nothing about running across the fields. Just get your hackles down a bit and see what happens.

If this is the only complaint and/ or the straw that broke the camels back.

Makes alot of difference.

If this is the only time, I'd give them the benefit of the doubt. Everybody has had a party that has gotten out of hand at least once. It may not have been them that was doing the running up and down the road bit, and maybe a rowdy guest.

I've seen evictions take 90 days around here if you don't follow the procedures correctly, be aware.

Good luck-
My DH's dad had renters once. They were renting a trailer out in the country. They paid one months rent and then quit. After three months of trying to get them to pay the rent and electric bill that they were racking up my FIL finally got fed up and called the power company and told them to cut power to the place. He was on his way home from town the same day at 1:00 pm when the local police pulled him over and told him that the guy in the trailer had contacted a legal aid lawyer who in turn had faxed the judge in town stating that my FIL had no right to turn off the power! He also was told that he had until 4 pm that same day to get the power restored or the renters could go stay in a motel and HE would have to pay for it! Well he got the power restored and tried to talk to the renter. The guy wouldn't let him in his own trailer and stood in the doorway with a lawbook in his hand. He knew that my FIL didn't have rights to even go into the trailer while the renters were there, even though they hadn't been paying rent.
To make a long story short, the renters came over the next Friday and promised to pay all that they owed the next day.. they never showed up so we went with my FIL over there on Monday and they had taken off- back to CA I suppose or to rip off other landlords. Not only did my FIL lose the rent money, he had to pay their electric bill to the tune of $600.00. The police figured that they were making/growing drugs. They had torn out the fiberglass bathtub from the bathroom, cut a hole in the floor in the hallway and then covered it up with a piece of carpet, left the entire trailer full of garbage and because they didn't have a washer and dryer they went to the place that gives away clothes and the trailer was full of dirty clothes. What a mess.
Needless to say, sometimes you think you have rights with renters and you really don't.

I went through the eviction process two months ago. I had to have a Sheriff's deputy serve the tenant because she wouldn't answer the phone, pick up certified mail or come to the door so that I could tell her she had seven days (we no longer have a lease so I didn't have to give her 30 days). She didn't leave. I thought I could call the Sheriff's dept and have her physically removed. I cannot. I went back to the court house to get a court date, back to the Sheriff's dept to have her served again and to court to have a judge evict her. In Maine, property owners cannot evict tenants. Only judges can make that decision. It's ridiculous that the tenant had more rights to my property than I did.

You need to know two things:

1. What your lease says.

2. What you can do legally in your area. Contact the sheriff's dept.

Look up the general statutes that apply to landlords/tenants for your state. Acquaint yourself thoroughly with this information. Apply what you learn and you will not encounter the bulk of the horror stores everyone repeats. You can see the general statutes for NC here to get an example of what you will be finding for you area. http://www.ncga.state.nc.us/gascript...l?Chapter=0042
I am somewhat like a cow chain in that I have been dragged through this crap in the past before I wised up and learned to abide by what the state dictates as the procedures. You may not like or agree with each part of these guidelines but they will work for you just like a bad tenant tries to get them to work for him. I have had tenants employ an attorney and I have received a number of registered letters from attorneys attempting to intimidate (read that as threaten) me into doing "things" that were not covered in the statues. It is totally amazing what an attorney will state trying to get something for a client. Once the attorney is told that you intend to abide by the statutes and you have documentation the attorneys attitude will shift and the letters cease.

Getting unwanted tenants out
 

In over 25 years of rentals and dealing with several hundred different tenants I have never had to evict a tenant. I have had some bad ones but we were always very careful in selecting the tenant and rather have a empty house than a bad renter.
If we wanted them out for what ever reason, not paying is usually the reason we just talked to them. If they did not want to leave we just offered them money to be gone. It usually wastes a month or two, cost about 200 dollars or more so we would just offer the following. You be gone in a week say next friday and we will give you $200. Never had one to refuse. We just met them at the house at a set time, and when they were competely packed up and out we gave them the money cash and they signed a form stating they had recived the money and all our contracts written and oral was null and void and all claims by either party was settled.
They were out and we could get on with a getting a new good tenant.
Sure you can take them to court and waste time and money and what have you managed to do but run up your blood pressure.
Moral of the story get rid of the rentals and relax thats what we have done.

it doesnt matter if they pay the rent on time, if they are a PITA with everyone around them and ruin the property value and rental value, they are worse than a deadbeat tenant.

I wouldnt show any mercy here, get rid of them ASAP.

In Vermont the laws have been progressively worsened against the property owner and unfairly in the advantage of renters. The result is there is a shortage of rental units in Vermont now and the government can't seem to figure out why. They don't seem to be able to put two and two together that if they make it hard to rent out units then there will be fewer units available. We stopped renting out and sold our rental properties after too many of this sort of incidences. It was a waste of my time. I'm not in the business of giving away free housing. I took the money from the sales and put it into more farm and timber land. It is much easier to deal with than renters.

Your state laws will determine what you can do. Some states will let you toss them out in 3 days, if they don't go, the sheriff will put them out. Other states require that you go thru a court process that can take up to 13 months and cost you thousands of dollars. Check your state laws, be sure your contract protect your rights very well before you rent again.

I agree,sometimes a little kind words that mean business and let them know where you stand and how they should act as long as they are your tenants , will get the job done. Just letum know, It aint gonna happen again, PERIOD! They can stay as long as they pay and act according to your wishes, But once more and they can pack their bags. :)

It is simple, My number one rule in life. I don't rent anything to anyone. The renter laws are all screwed up and when you get one that you haft to evict they will tear up your place, break the windows and mess up the pluming before you get them out. I have seen it to many times where a good friend felt sorry for someone and rented to them just to have their place destroyed before finely getting the renters out. If you do rent something out make sure you can afford to loose money and time on the deal.
That is how I see renting.
I just don't rent and don't care how many homeless people their are. I haven't got much but I have worked very hard for what I do have.
Hillbillybob

only 1 place I have EVER rented had electricity built into the rent. it was an old house that had been converted into 4 apartments....I think the entire house ran on 1 electric meter. and at this place all my utilities were included in my $190 rent (1998) the only thing I had to pay for was cable and phone.....it was the Nastiest place I have ever lived!

after that, we have lived one other place that was a "duel family" dwelling--we had the upstairs/ground level and the nieghbors had the NICE (it really was cozy)basement.....once the downstairs neighbors up and moved and didnt pay thier rent nor gas bill....we went a weekend with no hot water! all because the downstairs neighbor's gas ran MY house.....part of our electricity ran parts of the downstairs too....we found this out when we were having fuse box problems (only place I have seen that didnt have breakers!)

if I had a rent house, I would make the renters responsible for their own utilities....and their rent would cover my mortgage payment plus a bit (for the times the rent will be late)

Rachel

I Hate those 4 wheelers runnin up and down the hwy at our place with no mufflers.

The law varies state to state. Since you are the only one who knows what state your in it is impossible to give you an answer that would be guaranteed correct. The best that I can do is to say that in most states a month to month tennancy may be terminated with a 30 day notice, in writing. That is exactly what I would give the tenant. Sooner not later. :cool:

I'm with the give it another couple of months and see if they have cleaned up their act. May have been a one time thing. I would hesitate to run out a tenant who pays their rent on time.

I suspect riding ATVs on roadways is illegal pretty well anywhere. Call the county sheriff's office and let them deal with it.

We have absentee landowners down the road. Old cottage on place and they brought in about a 8' x 40' mobile. First weekend it was here they alternated between gun/rifle practice and ATV races up and down the road. County sheriff (at that time) parents-in-law live on this road. They didn't listen to the deputy they sent out. They did to him. For whatever reason I haven't seen them back since.

Well neighbor's a lawyer and we had a good chat today, he did the lease papers....he's good and planned ahead....by committing a crime on the property...driving the 4 wheelers on the pavement....It's considered a noise nuisance. All bets are off...it's in the lease and spelled out. I had a police report drawn out in the front yard in front of them...They almost got arrested cussing at the police, it was funny, so now the police are on my side. I gave them till the end of the month if rent was paid on monday, if not i wanted the farm empty by monday night.

Good move Redhogs. A person has to take a position and often the sooner the better. Somewhat like a barren gilt, if she doesn't breed the first time around it is best to send her packing. As a long term landlord, I have found that it is best for me to take a calloused position and move the problem elsewhere. I had rather have a house vacant than have a problem tenant. My tenants( the ones that abide by the tenant guidelines) either consider me an OK person.The tenants that abuse the system consider me the devil. Both groups acknowledge that I am predictable.