Tenant did not pay in full last months rent

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Tenant did not pay in full last months rent

Nicole C.
Accountant · Los Angeles, CA · Member since 2020 · 8 posts · 1 vote

Hi guys, 

I need some advice on a tenant that didn’t pay rent in full last month. Rent is $2,800 and she only paid $2,500. My mortgage is just under $2,600. She also never paid the deposit in full. It’s in Compton, CA (willowbrook) Im currently out of the country working remote and would rather not deal with eviction if I can. Any advice on this for people who know eviction laws specifically in Compton area? Also looking for referrals for real estate attorneys. I heard eviction because of owner move-in is an option. Thank you in advance for any advice. 

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  • Sergey A. Petrov
    Real Estate Consultant · Seattle, WA · Member since 2022 · 1k+ posts · 784 votes
    4y

    Late fee + eviction notice. If by last month, you mean June you are more than a month behind on the process. As for the security deposit, no tenant moves in until it is paid in full. You get the deposit (in full) when you sign the lease

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  • Scott RohwederPro Member
    Investor · Lakeville, MN · Member since 2016 · 10 posts · 6 votes
    4y

    It's never a good sign when you can't even collect the full deposit.  What does your contract state?  I utilize a property manager and my current contracts allow for a 7 days final notice of short payment before the eviction process begins.  If you don't want to go through the eviction process, maybe offer cash for keys in order to move on and find a good tenant.  This is a hard cost to swallow, but its sometimes much cheaper than hanging on to a bad tenant that consistently short pays.  Good luck.

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  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    4y

    You should have collected the deposit in full before they were given the keys. 

    It's no surprise that they didn't pay the full rent. They're probably smart enough to know there's not much you can do about it. If you accept a partial payment, you often forfeit the opportunity to file for eviction that month. You can try to pressure her to catch up in August, but I don't think you can evict right away.

    Time to hire an attorney. At the same time, I recommend you hire a property manager that understands the law and knows how to handle difficult situations.

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  • Ed Clare
    Member since 2021 · 11 posts · 4 votes
    4y

    I would start off by having a "Notice to Pay or Quit" delivered to them in person. Sometimes that's all it takes for them to re-prioritize their bills

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  • Karl DentonPro Member
    Rental Property Investor · Mansfield, CT · Member since 2021 · 225 posts · 131 votes
    4y

    I wont sit here and tell you things I'm sure you figured out already, like collecting full security. However you are now short a couple hundred, that's better then no rent but still not the full amount. In my lease I have drafted if payment isn't made in full you will be charged a late fee. That being said before I draw fast conclusions I always like to give people the benefit of the doubt. Have you made contact and stated you have received her payment but it appears it wasn't in full and when to expect the rest? Maybe she needed another week to get the rest, in my state we have 10 days grace period until its late. Maybe there's a huge issue that occurred in their life. I recently had a tenant that always pays early and this past month they paid almost late, I reached out to her early and turned out she was in the hospital recovering from a heart attack. Things happen and making contact is a great way to access the issue at hand. Now if this is continuing charge the late fee and have a plan how to get paid or you'll have to give her a notice of failure to pay means leading towards eviction. Good Luck

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  • Henry T.
    Member since 2022 · 1k+ posts · 1k+ votes
    4y
    My advice: Don't be a landlord in California. Now,  you need to post the PROPER notice, if not fixed,  start an eviction. Bill all costs to the tenant.
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