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Forums » Rental Property Questions & Landlording Issues » New Landlord. How to handle a situation when tenant cannot pay the full rent amount

New Landlord. How to handle a situation when tenant cannot pay the full rent amount Subscribe to New Landlord. How to handle a situation when tenant cannot pay the full rent amount

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Real Estate Investor · Duluth / Johns Creek, Georgia


I brought in new tenants to my townhome in the Chicago burbs three month ago, before moving to Atlanta.

Long story short, in July, I had an unusual storm in Chicago that put 6 feet of water in my basement. I have spent $15,000 in fully restoring the basement for my tenants. The tenants used this as an excuse not to pay the full rent amount of $2200/month that they signed a contract for 2 years.

Recently the mother told me that her son lost his job who is the co-signor on the lease. She told me that all she can afford is $1800.00. Though we had a situation where we were very close to the path of eviction, the tenant did pay me this rent amount on Oct.1 2011. She had agreed to allow me to show my home to bring in new tenants at this discounted amount.

What are options when my tenants cannot pay the full rent amount that they signed the contract for? Did I make the right decision to collect the lower rent amount $1800/month hoping to find the right tenants? I figured I would be worse off collecting $0 rent while looking for a qualified tenant. I really learned my lesson to be more careful in selecting tenants. I will also never purchase rental properties more than an 1 hour away from my primary residence. This property and tenant experience really has been a thorn under my skin.

I would appreciate your advice.

Thanks.


Real Estate Investor · Duluth / Johns Creek, Georgia


Due the high property taxes in Cook County, my carrying cost is around $2175. By collecting $1800 from my tenants my losses are around $400 a month.


Real Estate Investor · Chicago, Illinois


James sorry about your townhome. The storm flooded one of my properties' basements. It wasn't 6 feet of water though. I would say you evict them. It depends on whether you believe you can find renters for 2200.
But A lot of times tenants like to test thei landlords. If you give them 400 bucks off this time whatabout when they are late next? Maybe you have them resign a new lease for month to month and just put it on allthe aparment finders places until you find a renter for 2200 or more. We are renting a 3bed 2.5 bath in lakeview for 3000/ mo so depending on location it's not impossible. Did u fix the water problem so that it won't happen again? Good luck. I hate Chicago water!!


· Orlando, Florida


Assuming that $2200/mo. is at or a little bit below the market rent for the property and not overpriced, then $400 sounds like a steep drop in rent. I think many people on this forum would go ahead and evict rather than drop the rent that much. On the other hand, it's all about numbers and how long it takes to get it re-rented. If the tenants aren't causing any other problems, it may be worth it to keep them there at $1800 if it's going to take months to get the place re-rented at $2200.

I'm in a similar situation where one roommate is moving out (unexpectedly) of my rental. I'm debating whether to offer the remaining people a $50 drop in their rent if it can get them through the rest of their lease. I think I will lose more money if it has to sit vacant for one or two months.


Commercial Real Estate Broker · Canton, Georgia


Yes you have to analyze multiple factors James.

For instance in Chicago how long does it take to evict?? I am not talking about just going to court.I am talking about 3 day notice to quit,filing eviction,court date in the mail,going to court if tenants answers and getting judgement and writ,then paying writ fee and waiting for the marshal to set up throwing the stuff out.

These time lines and processes will vary by state.In some areas the marshalls are backed up serving the writs.So if it takes 2 months to get them out and the writ takes a month then it will be 3 months of lost rent.4 if you get them out mid month unless you can land someone living in a hotel or moving to the area mid month.Then you would only lose 3 1/2 months.

You also have to factor in time to turn the place and clean it and rent it out again.

The fact you accepted a reduced rent will make it hard to get an eviction in court.Accepting a partial rent usually means you are doing a workout with the tenant.

So for instance of I can get a majority of the rent I might do a workout.If the tenant wants me to stop eviction for 100 dollars I tell them to pound sand. :)

What you do will also depend on your personal cash flow situation.

Are you trying to preserve personal credit and do you have a recourse loan on this property??

You could just give them a one time credit and tell them the 2,200 starts back next month.If they don't comply then you file eviction.You have to show you are serious or they will take advantage.

With my tenants one of 2 things happen.They either pay the money after I file or I get them out.

I had a tenant tell me they only wanted to pay 600 a month when rent is 850.They said they will move.I said that is fine with me.

250 times 12 is 3,000 a year in lost market rent.So if I took a tenant at 600 times 12 is 7,200.Instead I have a tenant at 850 times 12 is 10,200.

So I can have it vacant for almost 4 months and be at the same point.

Plus the past tenant has a judgment and I will have a company garnishing their wages for me.

Another item to consider is the cost to get it re-rented.If the tenant has lived there a long time then fix up costs will be high compared to a newer tenant you have to get out unless they had animals,smoked,etc.

Once you file eviction on the tenants most likely they will not pay anything as they are saving to move and go somewhere else.

The down side of a vacant unit is vandalism and crime,more maintenance,and worrying about busted pipes etc.

Hope it helps.


Real Estate Investor


You're set to shed $5,000 a year in discounted rent. That's a big chunk. If in your shoes, I'd try and weather the storm through the winter and then get them out or evict when the weather is warmer and when it's easier to re-rent the unit. If they are so much as a day late paying the deeply discounted rent, I'd begin an eviction. I worry about the way these tenants are acting tho. I hope you're able to get money out of them through the winter.
Her son will also work again. Is her son getting unemployment? The upside of all of this is that there's 2 people to pursue when they don't pay. Does the mom work? How much does she make?
If in your shoes, I'd consult with an attorney to find out how you can accept $1800 a month with the possibility of pursuing them for the difference later.
As it pertains to future tenant screening, a general rule is 3Xrent for income. I'd also take a look at credit and bank statements. Sometimes bank statements may indicate gambling problems or other traits you might not like in a tenant. Best of luck. As a fellow long distance landlord, I feel your pain.


Real Estate Investor · america


2200 a month rent? Man how much u bought this property for?


· Fort Worth, Texas


James, I've been in your shoes when I started renting my first home when I moved out of state. I'm just assuming, but you prob didn't run their credit or background check. If you do this beforehand you will catch 90% of problems before they happen. Also if you see they have a 530 credit score they don't care if you evict them or hit them with a judgment. The quickest way to get out of this jam is hire an experienced property manager which normally cost 7-10% of your monthly rent and let them handle the legal garbage. Also if they are an experienced PM they will have lawyer's fees billed to the tenants. It's all about your personal finances and the condition of the home to set it up to put back on the market. If it's in good condition with minimal work to get back on the market do it. You're in a major city yes it may be getting into the slow months but there is a hundreds of thousands of people someone will bite if priced correctly.


SFR Investor · Lansing, Michigan


I agree with Townsend and would also suggest hiring a property manager. While I know that you may not want to pay someone else, you have a big investment that needs attention you cannot give it from Atlanta. And for 10%, you'll get a professional who won't allow tenants to manipulate the situation and who can make sure your property is maintained.


Real Estate Investor · Duluth / Johns Creek, Georgia


Thanks everyone for your advice. Vic. L. Yes, I did get the basement fully restored two weeks ago. I made a mistake of going with a contractor that my tenant recommended who was a helper for the DEMO. He told me he could restore the basement at 1/2 the cost I was receiving quotes for. I had to baby sit him from Atlanta by calling him every single day to see when he is coming to work. The work he did was poor and I fired him (looking back was the best decision) when he was no where near completing the basement and hired a more expensive reliable contractor to finish the job in 6 days. This was also a valuable lesson learned.

The mother seems to be the only one somewhat responsible. She was on the lease contract with me with her son. Her credit is in the 500s and I don't think she cares much about her credit, but her son has a credit of 750. When they were paying games with me by not returning my calls in September, I emailed her that i will proceed with the eviction process and this can damage your son's credit score. That is when I got a response from her.

Her W2 showed $90k and her son just got a job that paid him $45k. She is divorced with 3 adult children living with her. The children were causing a lot of problems for me early on as they were trying to claim that the contract can be void as the basement was not finished fast enough. The son sent me an me an email 3 days before the September rent was due stating that their rent should be $1500 since the basement is not finished.

The daughter said she saw a cock roach in her room and tried to say this made the home a hazardous place to live. This was the type of crap that was going on in late August and early September.

I flew out to chicago to see the progress of the basement and speak with my tenants. It appeared that they wanted to move out and look for a cheaper rental. I don't think the tenants are bad people, but they can't afford the rent. The mother told me that she can pay me $1800/month without her son't help.

I wrote an addendum contract that I will agree to a $1800 rent if they agreed that I can list my property to bring in a new qualified tenant.

When her son recently lost his job, the mother called me that she is now at my mercy, and please don't throw her family out in the street and she will cooperate to pay me $1800 a month on time while i look for a new tenant. I asked her where she would go, and she told me she has family in the area.

I am a christian and I do have a big heart. The weather will be cold in Chicago and most likely it will be difficult to get a new tenant in here until next spring. Though $1800 rent is $400 less than was contractly agreed to receive, I would consider myself worse off with the home vacant with a $2200 loss on a monthly basis or going through the eviction process paying a lawyer and my travel expenses to show up to court. Another thing i need to consider is that they are paying for my utility.

About a month ago, the grandmother had flooded the toliet to caused dry wall damage downstairs, but my heart softened up a little when they brought in a contractor to fix the damage which the grandmother paid. At first, I thought they did this intentionally so that i cannot show the unit, but now know that this was an honest accident.


Real Estate Investor · Duluth / Johns Creek, Georgia


Does anyone know of a reliable property management company in the Chicago suburbs that they can recommend?


· Orlando, Florida


Originally posted by James Park
She is divorced with 3 adult children living with her.

This group sounds like nothing but trouble.


Real Estate Investor · america


For property manager ask adrian gutierrez on here


Real Estate Investor · Duluth / Johns Creek, Georgia


Here is the track record so far with my tenants: They were on contract for 2 years for $2200/month.

Received $2000 rent for August on the 3rd
Received $2000 rent for Sept but came in on Sept 8th - I was ready to sent the 5 day notice.
Received $1800 rent for October on the 1st day - This showed me that the mother was willing to cooperate. She told me that with her single income of $50,000 she can only afford $1800 and I told her that i receive her rent on the 1st of the month I will take the $1800, but it will go up to $2000 after the 1st. She seemed to encourage me to actively seek a new tenant as its seems that the rent commitment is weighing on her. I was a little concerned as she told me that would be going to Asia from Nov 2 - Dec 3. She assured me that I will not need to worry about rent as it will come on time. I guess I will have to wait and see. She requested that I can give her 2 weeks notice if i find a new tenant and wait until she is back from Asia for the new tenants to move in. I had no problems with this request.

Thank you for reading about my situation. I hope at the very least that new landlords can learn from my mistakes. After this experience I want to own all my rental properties close by to where i live and screen tenants very carefully just like I would when hiring an key employee for my small business. The right tenants can be diamonds to your rental business, but the wrong ones can literally make your life miserable.


Commercial Real Estate Broker · Canton, Georgia


James I wasn't born with a silver spoon in my mouth.I had very tough times where things were lean growing up.

It builds character and makes you remember where you came from.

Having said that you can't let emotions make business decisions for you.This woman has allowed her kids to invade her life and mooch off of her.She has ultimately made that decision.I can see where that high payment without assistance is strapping her.
I can't tell you the number of kids who are draining their parents dry and using them.It makes me sick to think of these types taking advantage.I am not talking about a temporary blip where someone is down on there luck but a continous pattern of doing the minimal only and getting the rest from the parents.

I have tons of tenants with my apartments and I hear it all.When you have apartments they all talk.If you are soft with one they will take advantage.If you are hard with all they will leave because they can't manipulate and the other ones will pay on time knowing they will be gone if they don't.

Do you have a fixed interest rate on the property now or do you have a variable?? If variable I would contact your mortgage company to get a reduced interest rate and a fixed loan.There are programs to reduce the rate even if you are not behind yet on the mortgage.

You need to reduce the debt service so it doesn't kill your income.

How much would you need to come up with to sell this property?? 5,000,10,000, etc.??

Now that your in Atlanta I would get rid of the remote property and invest here.


Real Estate Investor · Somerdale, New Jersey


James-
Now I'm lost. In your last post you said:
"She told me that with her single income of $50,000 she can only afford $1800."

But in an earlier post you said: "Her W2 showed $90k and her son just got a job that paid him $45k."

Which of those numbers is correct?

The fact that she's divorced wouldn't concern me, but the fact that she has 3 adult children and a grandmother living there, with only herself and one son on the lease would. Every person over the age of 18 should be on that lease, I'm thinking.

And if tenants have a concern about the condition of the house, they can't just stop paying rent to you. They must pay it into an escrow account until the situation is resolved, otherwise I would have to believe that they're in breach of contract. The advice everyone else has given you is great, I'm not a buy and hold investor, so I'm not even going to pretend to give you advice on that subject, just wanted to share my initial thoughts on the situation:)


Real Estate Investor


With an income at 90k, she CAN afford to pay you 2,200, she just refuses to. With 3 adult children and grandma, there's plenty of cash in the house to get you paid.
Here's another potential dilemma: you find a tenant (may be tough with them going into a hostile environment) and then they refuse to move on time. Now, your new tenant has a moving truck loaded and your tenant won't leave. With people like your tenants, this is a possibility. Then, you'll have an eviction to fight out before getting possession. Lean on the fact they're worried about the son's credit. They will magically be able to pay you if you put their feet to the fire on this.


Real Estate Investor · Duluth / Johns Creek, Georgia


Jamie,

She had told me that her work had cut down on her hours. So the income information i receieved was not representative of the real situation.

[url]

Originally posted by Jamie Gaymon
James-
Now I'm lost. In your last post you said:
"She told me that with her single income of $50,000 she can only afford $1800."

But in an earlier post you said: "Her W2 showed $90k and her son just got a job that paid him $45k."

Which of those numbers is correct?

The fact that she's divorced wouldn't concern me, but the fact that she has 3 adult children and a grandmother living there, with only herself and one son on the lease would. Every person over the age of 18 should be on that lease, I'm thinking.

And if tenants have a concern about the condition of the house, they can't just stop paying rent to you. They must pay it into an escrow account until the situation is resolved, otherwise I would have to believe that they're in breach of contract. The advice everyone else has given you is great, I'm not a buy and hold investor, so I'm not even going to pretend to give you advice on that subject, just wanted to share my initial thoughts on the situation:)


Real Estate Investor · Chicago, Illinois


James - I agree with the posters here. Jamie is correct in that withheld rent needs to go into an escrow account. I work for a company that handles distressed properties throughout the midwest, and we hear these stories regularly.

All residents over the age of 18 need to be signers on the lease. Also, how many bedrooms is the unit? With that number of people in the townhome, are they violating county occupancy restrictions? The fact is that you have a signed contract with them for $2200 per month. It doesn't matter if a cockroach was seen, or if the basement wasn't finished.

I am based in Chicagoland, and can provide you with a couple eviction attorneys. My contact info is in my signature block.


Real Estate Investor · Duluth / Johns Creek, Georgia


Joel,

what you are saying is correct. The adult children are spoiled and not responsible. The oldest son who has a credit score in the 700s was supposed to pay half the rent. Early on, the mother would complain to me that the her oldest son would not pay her anything to help with the rent. I know the mother is working very hard and working late nights to make ends meet and the oldest son drives a nice new sports car, and doesn't seem to be busting his butt to look for a new job.

Joel, one thing i did before moving to Atlanta was I refinanced and cashed out of the equity of the home at 4.25% 30 year fixed up to 80%. What is killing the cash flow is that Cook County is raising property taxes while properties values dropping. The county is doing this as they are broke.

I would love to sell my townhome in Chicago right now, but I would lose too much in this market. Perhaps the market will be better in 2014-2015 and I break even with the price i paid in 2004. When the home was staged and maintained in mint condition, I was very confident I could get $2200. However since I have tenants living there while showing my property, I listed my property for $2000/month.

I would love to concentrate all my real estate investing in the northern Atlanta metro area from this point forward.

The reason I didn't get a property management company was that my first rental was in nice gated community here in Northern Atlanta that i purchased in 2006 to live in. Unfortunately because of my job situation, I could not relocate to Atlanta at that time.

Luckily, I had a really good tenant for 5 years who never was a day late on his $3000/rent. I guess I had a misconception that being a landlord out-of-state was very easy and property management companies were a waste of money and time. This is the reason why i just took the first person who was interested in renting from me so that property will be rented right before I moved my family to Atlanta.

This experience was very painful learning experience for me, but I count my blessings that I am able to learn this mistake early on as a novice real estate investor with only few properties.

Originally posted by Joel Owens
James I wasn't born with a silver spoon in my mouth.I had very tough times where things were lean growing up.

It builds character and makes you remember where you came from.

Having said that you can't let emotions make business decisions for you.This woman has allowed her kids to invade her life and mooch off of her.She has ultimately made that decision.I can see where that high payment without assistance is strapping her.
I can't tell you the number of kids who are draining their parents dry and using them.It makes me sick to think of these types taking advantage.I am not talking about a temporary blip where someone is down on there luck but a continous pattern of doing the minimal only and getting the rest from the parents.

I have tons of tenants with my apartments and I hear it all.When you have apartments they all talk.If you are soft with one they will take advantage.If you are hard with all they will leave because they can't manipulate and the other ones will pay on time knowing they will be gone if they don't.

Do you have a fixed interest rate on the property now or do you have a variable?? If variable I would contact your mortgage company to get a reduced interest rate and a fixed loan.There are programs to reduce the rate even if you are not behind yet on the mortgage.

You need to reduce the debt service so it doesn't kill your income.

How much would you need to come up with to sell this property?? 5,000,10,000, etc.??

Now that your in Atlanta I would get rid of the remote property and invest here.




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