Dealing With Bad Tenants

[Tim Sedlmeyer]

Hey all, I am looking for advice on dealing with a tenant only providing partial or late payments. I am looking for a lawyer to potentially help me with writing up a new proposal or guidelines on eviction. I have several ideas / solutions in mind -- but i don't know if they are legal to present. I appreciate any feedback, thank you all!

[Bruce Woodruff]

Start eviction proceedings ASAP. There is no other option at this point.

[JD Martin]

In Florida we usually feed them to the alligators. You only have to make an example out of one or two of them in the house before everyone else gets in line. You don't have any alligators in Ft. Wayne so you'll have to improvise - maybe some of those Asian Carp I keep hearing about. 

🤣

Do what Bruce said. Get your eviction process started. 

[Bruce Woodruff]

You can always make a moat.....and stock it.

[JD Martin]

Quote from @Bruce Woodruff:

You can always make a moat.....and stock it.

🤣

He'll have to put in a moat heater up there in Ft Wayne, though. Would be a fun self-help eviction though, wouldn't it? 

[Tim Sedlmeyer]

ya'll talk about eviction proceedings -- but no guidance on what to do / how to do it .... 

[JD Martin]

Quote from @Tim Sedlmeyer:

ya'll talk about eviction proceedings -- but no guidance on what to do / how to do it .... 

 That's because it's going to be specific to your state. If you don't know what the eviction laws are, and how to go about it, then you either need a property manager or you need an eviction attorney in your area. Nobody here is going to be able to advise you unless they're from Ft. Wayne or Indiana, and even then it's going to be generic advice. 

You already know you probably need the assistance of an attorney, so that's probably where you should start. Also, it's not a good idea to be your own PM if you don't know what the eviction laws and process is in your area, or what's contained within your lease. So I would get yourself a good PM in your area and not worry about it any more. 

Also, "ya'll" has the apostrophe in the wrong place. It's "y'all" as in "you all" 🙂

[Theresa Harris]

Look up the local laws where the rental is.  They will spell things out.  First you usually post notice to cure (ie pay up or else), then start with the eviction.  If you've never done it, hire a lawyer who specializes in them.  

Before that, I'd talk to the tenants and find out if something is going on as to why they are constantly late.  Did one lose a job and the other gets paid twice a month, was there an unexpected medical bill so they are struggling?  You can offer to let them out of their lease with 30 days' notice or pay rent twice a month (on the 1st and 15th) and add late fees of $25 or 50 (depending on how much the rent is).  I had a long term tenant who suddenly had problems paying the rent and it turned out her husband lost his job and she was paid 2x a month, so we did the half of the rent on the 1st and the other half on the 15th.  They were never late after that and in total were in the home for 13 years (until I sold it).

[Eliott Elias]

Not sure what your lease looks like but in Texas the lease explicitly states that if rent is not paid by 5pm on the day rent is due that is grounds for eviction 

[Tyler Lingle]

Indiana is a no pay, no stay state. If rent is not paid on the 1st, it's late. Typically charge late fees, then if they don't pay all of that and change their "behavior" proceed with eviction. You need a lawyer. Ask a good property management company. If you don't use them offer to pay them for a solid referral. Provide value to get value. 

[Tim Sedlmeyer]

Quote from @Tyler Lingle:

Indiana is a no pay, no stay state. If rent is not paid on the 1st, it's late. Typically charge late fees, then if they don't pay all of that and change their "behavior" proceed with eviction. You need a lawyer. Ask a good property management company. If you don't use them offer to pay them for a solid referral. Provide value to get value. 

 Thank you Tyler, this is helpful to get the ball rolling!

[Joe Stout]

Hey Tim, I also currently have this situation. I know those people personally as well since they live in my house hack- not sure if you have that similar situation. I have given them lots of breaks in the past, however I just charge a late fee at the moment and they just pay late. A positive about this is that it provides more cash flow per month and I don't have to go through the process of eviction. I've had a couple talks with them over the phone, and in person but made sure to document what we spoke about and what I expected in a text. Per my last court hearing, a text will actually hold up in court if a tenant is texted to leave and they still stay in the property it is trespassing. For me, I was given the papers to serve the person that was staying in the house and just needed to serve them the papers/ send it to them in the mail. I wish you the best of luck and you're already taking action by posting in this forum. Let me know what you end up doing! 

Another option is cash for keys... just giving them cash to get out if you don't want to go through with hiring a lawyer and doing a formal eviction. Just like $1000 and tell them to leave in the morning.

[Nathan Gesner]

Your focus should be on eviction. If the tenant wants to stay, they can pay everything they owe in full and get back in your good graces. Otherwise, adios!

[Bruce Woodruff]

Quote from @JD Martin:

Also, "ya'll" has the apostrophe in the wrong place. It's "y'all" as in "you all" 🙂

Yankee.......