Tenant a Problem: How to Flush Them Out

By Richard Marmor, Esq.
AZSA Legal & Legislative Chair

You’ve had it!  You can’t stand dealing with that problem tenant anymore.  How do you get rid of him?

Many operators send notice to the tenant that at the next month, the month-to-month lease will not be renewed, and demanding that the tenant must vacate by then. Often that works, but what if the tenant doesn’t leave? He just stubbornly remains in the space. Remember too, that the lease is the bible of your relationship to the tenant. If you have terminated the lease, then what’s governing that occupancy? The tenant is then said to be “holding over.” The law generally is that during a hold-over situation, the terms of the old lease control. Hopefully, the tenant understands that.

For those reasons I don’t favor this solution. There are two good ways to rid yourself of a problem tenant, one is practical, the other legalistic.

The practical approach
Suppose the tenant’s rent is $100 per month. Send the tenant a letter reminding him that his lease is month-to-month, and that, as such, a new lease comes into being at the start of each month. Then add that beginning next month, his rent will be $150 per month, or $200 per month. If after all the snarling has ended he pays you the increased rent and stays anyway, send the letter again, this time advising that next month his rent will be $250 per month or $300 per month. Rinse, repeat. Eventually, he’ll get the message.

Some would argue that while this method works, it can take a few months to accomplish its ends. True, but no method is instantaneous. Also, one caveat: be on the lookout for vandalism.

The legalistic approach
Go to court and file a “forcible detainer action,” what we term an eviction, against the tenant. This  lawsuit seeks an order of court commanding the tenant to vacate the premises. If the tenant does not comply, then the sheriff can be asked to come in and forcibly remove the tenant’s property. Your lawsuit can simultaneously obtain a money judgement against the tenant for any unpaid rent.

While a handful of operators handle their own eviction suits, I recommend that you hire an attorney to handle this matter for you.*  And while this method does involve expense, those costs can be added to your claim against the tenant. Note that this approach takes time, too, two to three months at minimum.

Let’s go back to the questions I raised at the top of the page. You sent a letter terminating the lease and demanding that the tenant vacate, but he refuses, what are your options? In that event you only have one, the legalistic approach.

Richard Marmor, Esq. is a self-storage consultant, facility owner and former facility operator in the Phoenix area.  He is also the founding President and current member of the Board of Directors of the Arizona Self-Storage Association, serving as Chair of the Legal and Legislative Committee.

Source: Behind Closed Doors, AZSA Newsletter Archives