BiggerPockets

My tenant told me yesterday that they're only able to pay half of this month rent (was due on 1st) tomorrow and will pay the rest by 12th with its late fee. Though I'd O. K. it but after I'd just found out from one of the previous post here that we shouldn't accept partial rent due to the delayed eviction timing issue, so instead I'll tell her tomorrow I'll give her a 3 day pay or quit notice on the 10th for the entire portion of the rent plus its late fee to just follow the procedure.

She'd also told me that she'd her brother and sis-in-law moved in due to her brother is having cancer (terminal with 3 months remain); sis-in-law no longer have a job; for the reason she wants to spend the remaining time with him. Though I'd O. K. it for her also, will this complicated the eviction process if it needs to be done? Since there's an ill patient as such in the property then.

Thank you for your helps.

In Ohio, having a sick tenant does not complicate the eviction. I've evicted sick people several times. I even evicted a woman with a 2 week old baby in the middle of January. She didn't pay the rent because she heard from one of her moron friends that she couldn't be evicted with a baby! She even taunted me that I couldn't evict her. She was singing (crying) a different tune as I THREW her junk to the curb!

The key point is that you can't allow the tenant's problems to become your problem. When you or I are sick, we still pay the bills. Anyone with half a brain should know that they MUST pay the rent if they want to have a place to live. If they don't pay, they don't stay - simple as that.

Having said that, things could be different in the People's Republic of California, so you probably want to check with your attorney or another experienced investor in your area.

Another question is whether you pay any of the utilities. If so, I'd certainly raise the rent if the family is moving in. You might want to raise the rent anyway as more people means more wear and tear.

Mike

I consider myself lucky that I got my college degree in high school teaching because that style of discipline and calling bluffs is what I seem to have to employ often with tenants

I think a degree in grade school or pre-school teaching would be more appropriate for dealing with tenants.

Mike

Originally posted by MikeOH

I think a degree in grade school or pre-school teaching would be more appropriate for dealing with tenants.

Mike

I think you both need better tenants, we just don't have these types of problems very often.

Jon: My MTM Lease has the guests clause. I'm hopping / allowing the late rent just for this one time deal. Should I ask for her brother's diagnose papers from doctor that accompany a written notice from her as per my lease guests clause required when staying more than 15 consecutive days; also stating what's her solution going to be after 3 months have passed by. Which notice she should have given me for my approval prior to her brother and his wife moved in instead of just verbally informed me after they'd already moved in.

MikeOH: Thanks for the positive input; evicting sick tenants. I'll check with an attorney as well, as per your advise. They're paying their own utilities.

Tim Wieneke: She told me that her brother refused Chemo and put himself into the Lord's hand. But I'll see if she can come up with his diagnose paper from doctor.

Am I walking myself into a potential mess by allowing them move in for 3 months? Given if the rent is going to be pay on time after this one time deal and she can come up with a satisfy solution after 3 months of her brother and his wife staying. For the benefit of the doubt. Am just trying to avoid the potential rent lost by working with her within reason; 6 more days to tell that if they're keeping her words for the entire rent plus late fee; before my eviction process starts. On top of this, my other property's tenant is moving out by the end of this month; looking for new tenant already.

Oh, no! just now realizing another issue… when her brother dies in my property, it'll lead to the disclosure of his death to the new tenant if it's within 2 years; California law. I better check with an attorney for this whole mess. Or is this an issue to most of you at all? Or should I just simply say no to their staying?

Thank you for everyone's helps.

More of my tough financial situation that's forcing me to work with her (within reason); just paid $5500 1st installment property tax for my properties.

Originally posted by Paul Chen

More of my tough financial situation that's forcing me to work with her (within reason); just paid $5500 1st installment property tax for my properties.

Paul,
I feel your pain but once you get unconfirmed sick brother in the property it's going to be much worse.

Tim

Tim,

Please elaborate " once you get unconfirmed sick brother in the property it's going to be much worse ".

Thanks

Paul

Originally posted by Paul Chen

Tim,

Please elaborate " once you get unconfirmed sick brother in the property it's going to be much worse ".

Thanks

Paul

I'm sure someone else has better experience than I do at this. I've only had the experience in altering owner occupied properties for persons with handicaps but I see this as a woman who broke the lease and brought in a person who very well may be suffering from a handicap without allowing you any opportunity to see if your property is legally able to accomodate a person with a handicap. Have you checked to see if you are in compliance before letting him in? Will your good deed expose you to violation of ADA or something of that nature?

And there's one final thing about this that pisses me off. I hate to say this....but as a Christian myself, when someone breaks a contract (as they broke your lease) and says they're "trusting things to the Lord"...I get pissed and very suspicious. The Federal Fair Housing Act provides fair housing treatment to all relgions - it does NOT allow you to throw religious sounding talk in my face to excuse breaking a lease.

Tim

I agree with Tim and Dan about the violations of the lease. They are 100% right and there is no debating that! When the rent first became late, I would have immediately posted the 3 day notice. However, you didn't do that and therefore I think that your current approach is the next-best thing.

We are in VERY difficult economic times and I am seeing people group together with increasing frequency so that they can afford the rent. Contrary to all the B.S. on TV, inflation is going strong. Just about everything is still going up in price, except paychecks. People are starting to suffer.

In November, I had 1 vacant rental. I now have 7. This was probably mostly due to the randomness of the business, but at least 3 tenants moved because they simply couldn't afford the rent. I'm just glad that they left instead of forcing me to evict them.

So, the bottom line is that I sometimes look the other way when an additional person or two moves in, provided that the tenant is paying the utilities and that the new person doesn't cause problems. This happens a lot in low income rentals and is very difficult to fight in court. If you try to evict for having an extra person, the tenant will usually claim that they are just visiting. Even if they tell the truth, if the tenant tells the story about the brother being terminally ill, the judge might very well allow it anyway (he shouldn't, but he might).

All I'm saying is that I try to be a little bit pragmatic. My lease says that the tenant is to keep the yard clean, but tenants often don't do that. I don't attempt to evict people for being unclean unless it's excessive.

It's easy to evict people for non-payment of rent, but can be very difficult to evict for other issues. I won't fight a battle that I know I won't win.

Mike