Tennant not paying rent

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Tennant not paying rent

Irwin Velez
Rental Property Investor · Baton Rouge, LA · Member since 2019 · 38 posts · 7 votes

Greeting BP family, 
Here a fellow newbie investor from Louisiana, with a dilemma. Let me tell you the story.

      On May of 2020 i close on my first investment property ( house hack duplex) in width i inherit a tenant. The day of closing i got informed that the rent was due, and of course i have to go collected. Immediately after closing i call the tenant in order to collect the rent, when he notify me that he had a deal with the previous owner staying that he was gone be late, because he lose his job due to COVID-19. I understood the situation and give him the change to pay me the rent of May on the 20th. The 20th the rent was paid via personal check. In june rest came on time awesome! i was very excited because my journey as a landlord have begun. In july rent was late 10 days. Now in august rent have not yet arrived he try to paid through Innago, but it fault because insufficient funds. I send communication to the tennant call him, leave courtesy rent notice, but nothing. Later after that i talk to him personally and he told me that he was gone pay the rent on the 29 (yesterday).

my question is what sho should i proceed?

can i evict him, after Trump executive order?


Please excuse me if my story have grammar errors. English is my second language.

  

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Colleen F.Pro Member
Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
6y

@Irwin Velez  look at Louisiana landlord tenant laws. Normally you would serve  a pay or quit notice in compliance with your state law when someone is late with the rent by this much. Whether you can do that depends on whether your state has any special covid-19 regulation still in effect.  If they do not have restrictions-find a lawyer and file for eviction.  If you just want them out but can't file for eviction talk to them about a move out plan. It is important you follow local laws so you don't wind up in a worse situation then you are now. 

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  • McKinsey Alston
    Investor · Somers Point NJ · Member since 2019 · 5 posts · 0 votes
    6y

    @Ayne C. Do you like cozy for PM? My wife and I are about to jump from no renters to three and want to set up a strong foundation.

    0Reply
  • Jaquetta T Ragland
    Real Estate Agent · Winston Salem, NC · Member since 2014 · 486 posts · 303 votes
    6y

    @Irwin Velez I agree with another poster who stated check the Louisiana laws and call the courthouse to see if they are doing evictions. I believe some counties have started doing them again...I’m not sure. I would definitely serve the notice each time he is late. Then I would also look for local nonprofit resources or social service programs that are helping individuals with their rent due to Covid. Sometimes they will pay the landlord directly so I would confirm.

    0Reply
  • Brandon Johnson
    Investor · Baton Rouge, LA · Member since 2014 · 280 posts · 219 votes
    6y

    @Irwin Velez since you have a FHA loan, the CARES Act was extended until the end of the year to "cancel evictions" as one of it's tenets and as far as I know you cannot file for eviction due to the type of mortgage you have. You may want to call the local eviction court in Brusly and ask them if you can file an eviction, but the last one I did in Baton Rouge I had to sign an affidavit upon filing, stating that my property was not mortgaged by a government backed loan.

    If you were me, you would put your mortgage in forbearance and also apply for an EIDL loan from the SBA.  Payments on SBA loans (including new loans) are automatically deferred through the end of the year and I have a strong suspicion that they will be completely forgiven at some point in the future. It is not your fault this burden of not being able to evict a non-paying tenant was put on you, so I would take the available "assistance" being afforded to you right now while we await new developments surely on the way to address this matter.

    Water and electricity utilities are also not currently terminating service due to non-payment.  

    0Reply
  • Brady Richard
    Brusly, LA · Member since 2017 · 44 posts · 36 votes
    6y

    Contact the Brusly Town Hall and speak with Clerk Rabalais, ask him for the contact information for the Justice of the Peace for West Baton Rouge Parish Ward 2, Mr. Guidry. I believe Mr. Prejean also serves in his absence. He may be able to tell you which one you should contact. I would also suggest speaking with Brusly Police Chief Lefeaux. Under no circumstances should you take action on your own such as disconnecting utilities, changing locks or posting a notice without their guidance and a legally signed eviction order by the court. I wish you the best of luck resolving the issue and sincerely hope you gain valuable knowledge and experience that will benefit you in the future.

    4Reply
  • Irwin Velez
    OP
    Rental Property Investor · Baton Rouge, LA · Member since 2019 · 38 posts · 7 votes
    6y

    Guys, thank you for all you support! 

    Here a quick update on the subject.
    Almost all of you have DM me with suggestions/advice with are very appreciated.

    Right after I post this I went in to a analysis paralysis if you can called that, because this is my first property, first eviction, and is was feeling very nervous. After 3 days i told myself to stop being a little B, and take this as a learning lesson. Here what i did after.  

    1- reading the eviction guidance for the state of Louisiana, with give all the tools i needed to start.    

    2- Reading the CDC eviction halt. I was very concerned that i was gone get in legal problem, but all that worry for nothing. 

    After reading everything yesterday i send a Notice to Vacate (with today date) via mail certified mail as the guidance rule, and posted one on the tenant door with a witness (very important that the witness sign the notice to vacate). Shorty after that i contacted a Justice of the peace, Mr. Jim Guidry. He have told me that i did everything right. He then suggested me to put the CDC letter on the door too, with i did today, and told me that If the tenant dont leave in 5 day we will meet and submit the eviction paperwork to the court. So now the tenant should leave before friday next week. I will keep everyone updated as the process goes.  


    Thank you 

    sincerely 

    Irwin O Velez 

    1Reply
  • Brandon Johnson
    Investor · Baton Rouge, LA · Member since 2014 · 280 posts · 219 votes
    6y

    @Irwin Velez I need to make a correction as I have learned the provisions of the CARES Act I referenced expired near the end of July and we are now dealing with the CDC eviction ban as you mentioned.  Good luck let us know how the process turns out.

    0Reply
  • Irwin Velez
    OP
    Rental Property Investor · Baton Rouge, LA · Member since 2019 · 38 posts · 7 votes
    6y

    @Brandon Johnson 

    Thank you Brando! 

            I had my tenant read, sing and date the CDC moratorium. I talk to a judge here in Baton Rouge to get some inside, he told me to send the notice to vacate, and wait. Well the tennant never leave, and send me a message saying  the he was gone paid the amount due, with he never did. I email the judge yesterday, as of right now i'm waiting for his response.

    0Reply
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    6y
    Originally posted by @Irwin Velez:

    @Brandon Johnson 

    Thank you Brando! 

            I had my tenant read, sing and date the CDC moratorium. I talk to a judge here in Baton Rouge to get some inside, he told me to send the notice to vacate, and wait. Well the tennant never leave, and send me a message saying  the he was gone paid the amount due, with he never did. I email the judge yesterday, as of right now i'm waiting for his response.

     Good luck.  It looks  like you've done your homework and having been in contact with the judge should help as it shows you are trying to do it right.

    0Reply
  • Irwin Velez
    OP
    Rental Property Investor · Baton Rouge, LA · Member since 2019 · 38 posts · 7 votes
    6y

    @Theresa Harris

    Thank you Theresa!

    It been great as i mention this is my first property, and i have learned so much in the process. My family are all extresed out and telling me why im doing this, adding problems to my life LOL. In the other hand this motivated me to keep leaning and adding doors to my portfolio. 

    0Reply
  • Irwin Velez
    OP
    Rental Property Investor · Baton Rouge, LA · Member since 2019 · 38 posts · 7 votes
    6y

    Guys just a quick update,


    Today I spoke with the judge, and fill the eviction paperwork. I have a court date for thursday 5:30pm, if I get the judgement the tennant will have to leave in 24hrs from the time of the judgment. 


    BTW I contacted Innago (Management software) in order to cancel any kind of funds coming from the tenant. 


    Thank you  

    I will keep you guys posted.

    0Reply
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