Not paying rent affecting my goals

Not paying rent affecting my goals

Nicole A.Pro Member
Rental Property Investor · Baltimore County Maryland and Tampa Florida · Member since 2013 · 2k+ posts · 2k+ votes

This is more of a vent than anything.

So the first month with a new tenant has come around and I still have no rent payment. We set it so it was due on the 5th and late by the 10th; The renter wanted to pay rent by either electronic deposit or going to my bank to deposit.

Anyway, it's the 9th and I still have nothing. His phone is conveniently disconnected as well. Failure to Pay Rent papers will be filed tomorrow if I have nothing by 3pm. It's just so frustrating! The renters I found for the upstairs unit have been great so far...sending rent early even! Apparently I didn't do as well with this guy... Maybe I'm speaking too soon, but so far it doesn't feel good.

Between 2 of 4 of my renters being behind on rent, this has really stopped me from seriously looking at purchasing my third rental. Some of my tenants were "grandfathered" in from the previous owner. My cash flow is affected; I can't get another mortgage until I get rid of these bad renters!

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Rental Property Investor · Annapolis, MD · Member since 2014 · 214 posts · 140 votes
12y

The way I prevent/reduce this "game paying" or at least make my time at the courthouse worthwhile is by:

For example, if the rent is $1000 in our unit, than i write the lease for $1200 and the Tenant gets a discount if they pay by 4th of the month. My lease was looked over by a Maryland Judge and he was fine with it. According to local laws, late fees are here in MD about 3-5%. But I do not have late fees, just rent discounts for timely payments!

Each time i "file for failure to pay" rent i just write in $1200 and no late fees. And if the tenant plays with me until eviction this way i get an extra $600.

Good luck on your next one!

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  • Chris K.Pro Member
    Investor · Baltimore, MD · Member since 2012 · 1k+ posts · 655 votes
    12y
    Originally posted by @Robert Carl:
    Why doesn't Baltimore have a 3 day pay or quit rule. It takes at the earliest 6 weeks to evict a tenant in Baltimore city.

    I was curious about this also. It's another thing I read about alot on here where people say "post the pay or quit" but nothing I read that deals with the late rent/eviction process in the city mentions anything about posting a pay or quit. To me it seems to be just a courtesy reminder to the tenant that they're late and you're going to take action.

    What would be the actual benefit if balt did have a pay or quit rule?

  • Roy N.Pro Member
    Rental Property Investor · Fredericton, New Brunswick · Member since 2013 · 7k+ posts · 4k+ votes
    12y
    Originally posted by @Robert Carl:
    Why doesn't Baltimore have a 3 day pay or quit rule. It takes at the earliest 6 weeks to evict a tenant in Baltimore city. Being a market rent landlord in Baltimore with a culture of not paying rent, slum lords, and the city being tenant friendly is hell. Baltimore does not have a lot of investors who are market landlords contrary to other statements.

    The rules governing eviction and notification are more probably contained in landlord/tenancy law at the state level.

  • Real estate investor · Las Vegas · Member since 2013 · 798 posts · 171 votes
    12y

    @Nicole

    @Nicole A. undefined, if I were you I would have sent a letter when he deposited the 2600, accepting w/ reservation and continued on to court. Its a win-win. You already got a good chuck of what was owed and are getting rid of a clear problem.

  • Nicole A.Pro Member
    OP
    Rental Property Investor · Baltimore County Maryland and Tampa Florida · Member since 2013 · 2k+ posts · 2k+ votes
    12y

    @Robert Carl In Baltimore County (probably City too), the first thing you do is file Failure to Pay Rent if you haven't received rent by the end of your grace period. Two or so (on average) weeks later is Rent Court. If they still haven't paid by then and don't at court, then they get a judgement. If they've paid, then you let the judge know and everything is dropped. If you get judgement, you wait 5 business days and assuming still no payment, you file Warrant of Restitution (aka eviction). Then in about a week or so, you call the Constable/Sheriff to get the eviction date. Again, if they pay, they can stop eviction. But after 4 rent court judgments (within 12 months), you can still evict them even if they pay aka Warrant of Restitution Without Right of Redemption. The City requires a few more hoops for landlords to jump, but in the County, that's it. I don't even have to tell them the eviction date.

    @Pete T. If his $2600 had covered everything, I would have had to drop the rent court proceedings. But he was short the $84 and my PM did go to court and got the judgement. After all the "threats" of showing to court because he would win, he did not even show up! He has eviction for December coming now and still no payment to stop it. I also filed for January Failure to Pay Rent, and assuming he pays December to stay, I sure hope I get this Jan judgement because then he's out no matter what. *keeps fingers crossed* I have more to this story in another thread titled An advocate for my tenant called.

  • Investor · DMV Maryland · Member since 2013 · 867 posts · 370 votes
    12y

    @Nicole A.

    Oh Nicole, my fingers are really REALLY crossed for you. Reading stuff like this scares the BeGEEsus out of me . .. on the other hand I read "7 Years to 7 Figure Wealth" this weekend by @Brandon Turner and am ready to buy a 4-plex (or 2 stinkin' cheap duplexes) that cash flow $200 a door TODAY, so by the time my first is in college we are good to go with tuition. In between master the art of wholesaling.

    I'm prayin' hard for you woman! You are making that closing completely contingent on getting those renters out of that other duplex right??

  • Nicole A.Pro Member
    OP
    Rental Property Investor · Baltimore County Maryland and Tampa Florida · Member since 2013 · 2k+ posts · 2k+ votes
    12y

    Thank you very much, @Christina R. ! It is contingent on the place becoming vacant and also contingent on him getting power on too so I can do a home inspection and see that all electrical items work. I'm surprised I haven't heard of a busted pipe with the recent cold weather and no electric. @Christina R.

    You'll definitely find your multiplexes. I'll forward any leads I see to you as well. :-)

  • Investor · Baltimore, MD · Member since 2013 · 205 posts · 44 votes
    12y

    @Nicole A. I file right away when there is no payment. Baltimore City's extra hoops and culture of slum lords and non paying tenants makes it 6 weeks. Baltimore city 2 weeks for failure to pay rent date. 1 week to file eviction papers. Baltimore City wants you to wait for 2 weeks before calling the sheriff. The sheriff on a good day may give you an eviction date 3 weeks away. So really I was wrong its more like 8 weeks/ 2 months. My fastest been 6 weeks I think.

    My properties are in C+ neighborhoods. Not alot of violent crimes more thief, trash, and some junkies. Bought where I could afford and was turning around until the housing crash. Now trying to trade up and out of Baltimore City. If you not downtown or really near the county line its for sect.8 housing only which I dont want to deal with.

  • Nicole A.Pro Member
    OP
    Rental Property Investor · Baltimore County Maryland and Tampa Florida · Member since 2013 · 2k+ posts · 2k+ votes
    12y

    Yeah, I hear ya, @Robert Carl . My properties are in the County (Dundalk) and it's a good rental area, but you have to screen really well...which is where I've messed up once and now dealing with. I actually would like to try a Section 8 tenant. I had one looking at a vacancy last summer and she had great background and references that checked out. Unfortunately, she changed her mind and rented elsewhere.

  • Nicole A.Pro Member
    OP
    Rental Property Investor · Baltimore County Maryland and Tampa Florida · Member since 2013 · 2k+ posts · 2k+ votes
    12y

    Well, another quick update.

    Yesterday, we attempted to evict this awful tenant, but he had the right to redeem, and of course had enough cash on hand (only $171) to pay that particular judgement. This of course does not get him paid up in full....that was for December's remaining amount.

    On March 3, we have rent court for Feb and are requesting no right of redemption. So I really hope that goes through! I want him out whether he pays or not.

    Of course, after I left, the renter upstairs calls me all worried because she could hear them talking. The female who is not supposed to be living there said something like "since she accepted money from me, now she can't evict me". I told my renter not to worry as this girl doesn't know what she's talking about.

    The Constable will definitely kick them all out. When we were in there, I said to my bad tenant, "so, you ARE having all these people living in here." And the Constable adds, "that's in violation of your lease, you better read your lease very carefully." The renter then of course says "I can have guests!" Nothing more was really said after that. No point in arguing. We were there to evict or get money. I left promptly with the Constable so I didn't have to talk to this idiot.

    The Constable seemed like a cool guy. I liked how on the street he was funny and joking, but as soon as he knocked on that door, he was very authoritive, "don't mess with me" mode.

  • Chris K.Pro Member
    Investor · Baltimore, MD · Member since 2012 · 1k+ posts · 655 votes
    12y

    If it makes you feel any better just know you're not going thru this alone. I'm going thru the same-exact-thing with my tenant. They're waiting till the night before the eviction to pay and only pay the minimum to stop the eviction. It's gonna feel real good the day I show up on eviction day with the "no right of redemption" judgement and when they think they're gonna pay to stop at the last minute.

  • Nicole A.Pro Member
    OP
    Rental Property Investor · Baltimore County Maryland and Tampa Florida · Member since 2013 · 2k+ posts · 2k+ votes
    12y

    That's right, @Chris K. ! I'm with you on that. I just hope they don't understand it when they see that box checked on their court notice.

    And I also hope that when we go for that final eviction, the Constable doesn't tell them up front that they're out no matter what. I hope he sees if they'll pay, and then say "okay, you're out anyway!" lol I would appreciate that "sneakiness" very much!

  • Rental Property Investor · Annapolis, MD · Member since 2014 · 214 posts · 140 votes
    12y

    The way I prevent/reduce this "game paying" or at least make my time at the courthouse worthwhile is by:

    For example, if the rent is $1000 in our unit, than i write the lease for $1200 and the Tenant gets a discount if they pay by 4th of the month. My lease was looked over by a Maryland Judge and he was fine with it. According to local laws, late fees are here in MD about 3-5%. But I do not have late fees, just rent discounts for timely payments!

    Each time i "file for failure to pay" rent i just write in $1200 and no late fees. And if the tenant plays with me until eviction this way i get an extra $600.

    Good luck on your next one!

  • Nicole A.Pro Member
    OP
    Rental Property Investor · Baltimore County Maryland and Tampa Florida · Member since 2013 · 2k+ posts · 2k+ votes
    12y

    Nice idea, @Val Csontos . Perhaps I'll use that in the future.

    @Christina R. This post is really for you as requested. ;-) But I don't really have any updates since the day we tried to evict, but he was able to pony up the cash to stop eviction.

    Court for the request to foreclose on his right to redeem was supposed to be this past Monday. But, of course we got that lovely ice/snow storm and many local gov't offices were closed. So, now we await a new date.

    Now, just so you know, I'm not saying it's "easy" to evict in the County vs the City. There's just LESS hoops to jump and it's already hard enough without the City making it even more difficult. It just angers me that we seem to reward non-paying tenants *cough* Gov. O'Malley's wife from stories I've heard *cough*

    I've had some bad luck, but this is truly my fault. The signs were there not to rent to him, but I did it anyway. This guy either pays at the last minute and redeems himself and it takes weeks for your court date and then eviction date. Eviction seems to sound more straight forward and easy in other states that are more landlord friendly.

    On another note, the property I have under contract...I helped the seller evict tenants who won't leave. I am not closing on that place with those tenants there. So I've helped him through the court process. We're getting close! That's another topic. 'Till next time! :-)

  • Investor · Middletown, NJ · Member since 2008 · 2k+ posts · 1k+ votes
    12y

    Hi Nicole,

    I know how you feel, I'm evicting a tenant now that had red flags. But being a "professional" tenant, she knew how to explain everything and provide documentation, and even paid an extra month's rent in advance. Don't beat yourself up, just get him out and move on. I consider this the cost of education :)

  • Investor · DMV Maryland · Member since 2013 · 867 posts · 370 votes
    12y

    @Nicole A. @Lisa Phillips Here you go Lisa- tenant drama story, excellent read. Nicole - I hope you get that final court date here within the next week. Glad to hear that the property under contract looks like it will go through - so essentially you are tag teaming these bums because isn't the one connected to the others (they moved in because your seller turned off the utilities,. right?). Since this other closing is taking months to happen, are you getting a bigger discount on the price? I hope you are getting something more out of the deal because I know this is already several months in!

  • Investor · Baltimore, MD · Member since 2014 · 1k+ posts · 688 votes
    12y

    @Nicole A.

    @Robert Carl

    this read has been completely hilarious!! how do you deal with the stress?? 1. first, last, security....non negotiable. that way on eviction day, im owed nothing assuming the damage is minimal. 2. I actually prank my tenants sometimes...."shanickwa called the ****, poop!!!...hahahaha"....actually I don't but would like to. 3. file and smile. always file the court notices, 4 and they're out. rinse and replace. 4. I know women tend to be emotional (joke), but leave it at home...ITS NOT PERSONAL, these people are not people as far as im concerned, they are assets...similar to cattle, that I must manage.

    piece of advice if you aren't already aware, that "PM" youre using might cost you extensive extra time to get to eviction. why?? because they hand the ever so pleasant cashiers 5 billion notices at once which are not immediately scheduled as a result. your court date should be 10-12 days from the day you file, and should cost you 27 vs the 45 per you most likely pay rentnotices.com perhaps? by my calculations, I get eviction days within 60 days from due date to eviction date. using that service previously caused it to be 90.

    Robert, I really get my greatest thrill from the times ( and its very rare)..that I NRR someone, they pay me,...and I kick them out anyway...haha

  • Investor · Baltimore, MD · Member since 2013 · 205 posts · 44 votes
    12y

    @Account Closed I dont use RentNotices anymore. They use to be effiecent. But they started filing my notices late.

  • Investor · Baltimore, MD · Member since 2014 · 1k+ posts · 688 votes
    12y

    I think I meant @Chris K. Sorry @Robert Carl

  • Nicole A.Pro Member
    OP
    Rental Property Investor · Baltimore County Maryland and Tampa Florida · Member since 2013 · 2k+ posts · 2k+ votes
    12y

    @Account Closed Glad you got some entertainment out of it. That is partially what it's for even though it started out as a vent of frustration/anger.

    I do not use rentnotices.com. But yes, I do know that because they're typically turning in a stack at a time, the clerk does not give a court date right then and there. However, sometimes at this point, it's not always worth my taking off the time from work to first file up in baltimore and then drive to DC to work and pay $20 to park. And then again for the court date.

    Also, for this particular guy I'm talking about right now, I've filed immediately every time. He's paid twice to stop further eviction process. Other tenants, yes, I believed their stories. Great lessons learned.

    So question for you Seth. The times you have done a NRR and they paid but you kicked them out anyway....I assume the Constable/Sherriff with you must not have told them that they'd be out regardless? I would hope they don't divulge that info because they do owe it regardless but if they know they're out anyway, they probably wouldn't pay.

    @Christina R. Yup, that's right. We're "tag teaming" them lol. I like that. Now that the place under contract seems to finally be just about empty, utilities will go back on and I'll do my inspections...and talk about price again in person. It's all in the plans. ;-)

  • Investor · Baltimore, MD · Member since 2014 · 1k+ posts · 688 votes
    12y

    @Nicole A. They never pay me at door as they are getting evicted. Usually they will have paid a day or two previous to the eviction day thinking everything is fine. Then my eviction person meets the sheriff, who is informed to kick these idiots to the street. Serves them right. Hey always scream yell and fight, but he sheriff can do little about it once he calls the court to confirm NRR status....tell the sidewalk I said hi garbage tenant

  • Investor · Baltimore, MD · Member since 2013 · 205 posts · 44 votes
    12y

    @Nicole A. its not worth your time. Its better to use a company. You save money and time.

  • Investor · Middletown, NJ · Member since 2008 · 2k+ posts · 1k+ votes
    12y

    My contractor is local to my rentals, I'm in another state. I would try to find someone local to do that for you. Yes, I pay him for his time but he makes it a priority to get it done. He posts the notices on the tenants' doors. He takes all the paperwork to the court, picks up the signed documents, and brings them directly to the sheriff's office for Writ of Removal.

    We're in the home stretch now for this eviction, the sheriff has had the Writ since Monday of this week but the deputy hasn't served the tenant yet. The timing depends on his workload. I'll post the entire eviction saga once the tenant is out, but so far we served the Pay or Quit the first week of February and all documents were signed by the judge by the 28th of Feb.

    So if the deputy had served the Writ the day after he got it, the tenant would have been out already.

  • Nicole A.Pro Member
    OP
    Rental Property Investor · Baltimore County Maryland and Tampa Florida · Member since 2013 · 2k+ posts · 2k+ votes
    12y

    Finally! This guy was evicted this morning! I just got the call that they finished moving everything outside and changed the locks. This is great news. And we didn't even need to file for the no right of redemption eviction (although that was ready to go).

    They showed up and the guy tried to claim he paid. He had no proof that he paid up to date. The last time he paid was when we first tried to evict him a few weeks ago. Then we showed up 2 Sundays ago to try to get money out of him, but he refused and even had the audacity to say we were committing fraud.

    Once he realized he was really getting booted out, he said that if we gave him a ride to the social security office, he could get paid through April's rent. Now, I don't know too much about SS, but I am not aware of a way to instantly get money by going into the office. I think he was just trying to buy time. The Constable asked what I wanted to do, and I said "get him out".

    Now to find a good tenant!

  • Calumet City, IL · Member since 2014 · 312 posts · 49 votes
    12y
    Originally posted by @Nicole A.:
    Finally! This guy was evicted this morning! I just got the call that they finished moving everything outside and changed the locks. This is great news. And we didn't even need to file for the no right of redemption eviction (although that was ready to go).

    They showed up and the guy tried to claim he paid. He had no proof that he paid up to date. The last time he paid was when we first tried to evict him a few weeks ago. Then we showed up 2 Sundays ago to try to get money out of him, but he refused and even had the audacity to say we were committing fraud.

    Once he realized he was really getting booted out, he said that if we gave him a ride to the social security office, he could get paid through April's rent. Now, I don't know too much about SS, but I am not aware of a way to instantly get money by going into the office. I think he was just trying to buy time. The Constable asked what I wanted to do, and I said "get him out".

    Now to find a good tenant!

    I am so happy for you. Now you can clean up the unit, and get a good tenants in there. I am going through the same situation right now. Judge gave my tenants until April 15th to be out. We will see how it goes.

  • Investor · DMV Maryland · Member since 2013 · 867 posts · 370 votes
    12y

    @Nicole A.

    - awesome !!! So glad this is finally over for you. How long did this entire process take?

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