Apartment and Rental Properties - The eviction process?

This is a hard subject for me because it's about my 28 yr old son who's been living in my rental condo that I own for the last 1.5 years and during that time, he's never paid rent on time, rarely paid it in full.

This month, he hasn't paid a dime.

I gave him one of those EZ forms on 12/15 stating that "this is NOT an eviction notice", but he and I had a verbal agreement that he would move out of the condo 12/31. He even texted me and told me that on my cell phone.

He had a friend move in with him (without asking me) and his friend has paid a dime of rent, plus he stores all of his furniture in the attached garage.

I hired a property management company and they've been showing the property and hopefully soon, it'll be rented. But, what if my son and his friend aren't out of the condo by midnight of 12/31/07?

What process do I do next? I HATE evicting my son. He has a drinking problem and he's in a bad place right now (mentally), but, I feel that if I keep on letting him slide on the rent, I'm just enabling him and his drinking.

It's a tough thing to do for a parent, especially at Christmas time...I know I won't see him on Christmas and it breaks my heart, but I can't let him do this to me anymore and just hope and pray that he will understand some day.

What's the next step for me?


Thank you soo much in advance and Merry Christmas!

Is there a signed lease? Did you save the text where he told you he'd move out? Eviction is a legal process and the rules vary by location. I'd start at the county clerk of courts office and see what the procedures are in your area.

No signed lease. We had one, but then I had switched property management companies and he told me that he was moving out.


Yes, I have the text on the cell saved.

You had a lease - did it expire? If so, he may still be a legal tenant. Here in Wisconsin, expired leases automatically become month to month leases if not renewed or terminated and you would therefore need to give one month's notice to a tenant before you could require them to move. I still think my original suggestion is the best way to proceed.

I think you're aware, this is going to be an ugly issue in your family for many years to come.

What else is there for me to do?

He did the same thing to his Dad years back and his Dad had to "kick him out".

Let him live there and do what he pleases or force him to leave when he won't?

Not an easy decision, but any landlord would of done that a long time ago. I've let him slide for 1.5 years.


Thanks for the advice.:)

I've made the assumption you want him out and I'm trying to help you do it legally. Up to you whether you're actually going to do it. Just remember that no one can take advantage of you without your permission.

I have had similar problems with my son. I think you should have held off going to a rental manager until he was out. Here is something that might get him to move out but would
cost you some bucks.
Offer to pay his first months rent someplace else. That would help him move and leave him to take care of his own business after the that month is over.
You could call it a New years gift to both you and your son.

What else is there for me to do?

He did the same thing to his Dad years back and his Dad had to "kick him out".

Let him live there and do what he pleases or force him to leave when he won't?

Not an easy decision, but any landlord would of done that a long time ago. I've let him slide for 1.5 years.


Thanks for the advice.:)

"I've let him slide for 1.5 years." Maybe even longer??

It's definitely time for some "tough love" and I know it will hurt you even more than it might him. But he needs it at this time and he might even thank you for it later.

I'd suggest you tackle it straight on with a "Dutch Uncle" talk with him outlining the understanding you had and that he obligated himself to and how it is a financial obligation on yours that has been putting the hurt on you and that you can't continue down this road any farther. Ask him to make a New Years resolution to get himself straightened out, seek help through AA now or things will only get worse. And then tell him that you must do certain things at this time to force him out of the unit including a formal eviction.

If you haven't given him a "legally prescribed" notice, in accordance of your state's specific law, you'll need to strart there and follow through as required. You might also consider having the utilities turned off after 12/31. They'll no doubt charge you to turn them back on, so that's the first question you should ask about before decided on that. (Of course, if you live in a cold climate, that may not be such a good idea)

Good luck, on several levels.....I don't envy you btw but you gotta hang tough on this.

I think having the utilities turned off would potentially cause you legal problems down the road, I wouldn't do it.

If you've accepted rent from him then he's a legal tenant and has all the rights and protections afforded to tenants in your area. AT keast that's the law where I live. Cutting off the utilities would be a huge no-no and put you in a bad place legally.

If you don't have a written lease than he is a month to month tenant. All that is required in that case is for the landlord to give him 30 days notice to vacate. Or for him to give you 30 days notice that he is planning to vacate. My guess is that a text message from him would qualify as notice of his intent to vacate but I don't know if that notice is rescindable by one party (the tenant).

The problem comes when the 30 days are up and he decides he likes it there. Are you strong enough to have the sheriff remove him?

Just curious as to how this one turned out.