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  1. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Tenant Accusing of Retaliatory Action when Served with 60 Day Notice to Vacate

    From my prospective, I ended up spending $10k and a whole lot of my personal time to fix the property and it was a costly affair. Also, rent is lower than mortgage and taxes. I pay $200/mo extra out of my pocket just to pay the mortgage/taxes/hoa. All maintenance is out of my pocket.
    Been a landlord. Been there. Done that.

    Am I doing anything wrong?
    Yes, you're talking to the tenant.

    They responded by sending me a letter that this is retaliation and they won't vacation for at least 180 days and will entertain notice to vacate after 180 days from the day they complained to health department. I responded that my finances are not in good shape and I need to sell property
    Your response should have been:

    "Dear tenant, you got your 60 days notice. If you aren't out by then deadline I will file for eviction through the courts and you will be put out by the sheriff. End of discussion."

    After this they responded via email that I'm trying to sell too quickly (and therefore its retaliation) and they have personal issues as well that won't allow them to vacate. In response I again told them that this is not retaliation and offered additional 60 days to vacate (total 4 months). However, they have now stopped responding to my emails.
    You wouldn't have had to respond a second time if you had responded properly the first time.

    Offering an additional 60 days was a bonehead amateur move that effectively gave your tenant the upper hand. Now you are stuck waiting the whole 4 months, eviction could take another month or two or even longer if the tenant knows how to play the delay game.

    What should I do now? What can tenant do? Does tenant have a case if I go with eviction process? I've anxiety issues and I don't do well in these kind of situations.
    Then you had no business being a landlord in the first place.

    Sigh.

    Consult an attorney and see if you can rescind the additional 60 days. If so, have your attorney send the notice and have your attorney handle any other communication with the tenant and the eviction if it becomes necessary.

    You have committed the cardinal landlord sin: You let the tenant get the upper hand and now he can use that hand to squeeze you where it hurts if you don't start playing hard ball.

    PS: Forgive my bluntness.

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