Tenant served with Notice to Vacate - Now his rent check has bounced...

Member since 2020 · 37 posts · 14 votes

Hello Again BP Community,

I have the following situation but not sure how to approach it as it's a first for me. A week ago, I served a month-to-month contract tenant a Notice to Vacate. For a couple of weeks prior to that, the tenant made claims his bank account funds are locked. I had not asked for details as his behavior is somewhat paranoid and combative. However, I noticed his rent check for the current month has been returned (via return deposit item) which had never happened before. He has until the end of March to vacate per the Notice to Vacate. What are my options with this situation where it's possible he may potentially be refusing to pay rent now that he's been asked to leave?

Any input is greatly appreciated.

Moy

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Bruce WoodruffPro Member

Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes

Quote from @Bernard Joseph S.:

If he gets out in a timely manner and you never see that money again consider it cost of doing business. It is dependent on your location but up here in the northeast where it's very tenant friendly, if they get out out within 3 months and you don't have to evict you consider it a blessing. Hence why I no longer invest up here.

Can't imagine doing business like that. The OP is in Texas, where I suspect it is slightly different!

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Richard F.
Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
3y
Aloha,

Depending on local law, if the notice you gave will accomplish regaining possession in the same amount of time or less than an eviction for non-payment, wait it out. If the rules are different for Non Payment, immediately file as necessary.
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Theresa HarrisPro Member
Member since 2019 · 15k+ posts · 11k+ votes
3y
I agree with Richard. check your local laws as non-payment of rent is different than notice to vacate. I'd serve him with notice now as you are well past the due date for Feb rent. Then follow up with an eviction notice.
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Bernard Joseph S.
Investor · NJ · Member since 2022 · 155 posts · 224 votes
3y
If he gets out in a timely manner and you never see that money again consider it cost of doing business. It is dependent on your location but up here in the northeast where it's very tenant friendly, if they get out out within 3 months and you don't have to evict you consider it a blessing. Hence why I no longer invest up here.
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Bruce WoodruffPro Member
Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
3y
Quote from @Bernard Joseph S.:

If he gets out in a timely manner and you never see that money again consider it cost of doing business. It is dependent on your location but up here in the northeast where it's very tenant friendly, if they get out out within 3 months and you don't have to evict you consider it a blessing. Hence why I no longer invest up here.

Can't imagine doing business like that. The OP is in Texas, where I suspect it is slightly different!
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Bernard Joseph S.
Investor · NJ · Member since 2022 · 155 posts · 224 votes
3y
Quote from @Bruce Woodruff:

Quote from @Bernard Joseph S.:

If he gets out in a timely manner and you never see that money again consider it cost of doing business. It is dependent on your location but up here in the northeast where it's very tenant friendly, if they get out out within 3 months and you don't have to evict you consider it a blessing. Hence why I no longer invest up here.

Can't imagine doing business like that. The OP is in Texas, where I suspect it is slightly different!

Lol, Texas better be different. I have a close friend, an investor and they own upwards of 500 units in the NYC area. He tells me the amount of time they spend in court is obscene. It is better for them to just pay the tenants to leave then deal with all the lawyer fees and aggravation. But of course, there's always plenty of tenants who think they are entitled to an apartment and know how to play the system. the proverbial "professional tenant", they do exist and are numerous up here.
For my money, landlord friendly states only with a solid PM team is the rule.
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Greg H.Pro Member
Moderator
Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes
3y
So you sent a notice of termination to end a month to month lease at the end of March per the 30 days notice required to terminate the lease. No this is not satisfactory to begin the eviction process as you gave a specific date of March 31st
Send the 3 day required Notice to Vacate and begin to begin the eviction process tomorrow. The tenant already has received a free month. Do not wait until the end of March and hope he leaves.
Travis county or Williamson assuming the property is in Austin?
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Bruce WoodruffPro Member
Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
3y
Quote from @Bernard Joseph S.:

Yessir! I left Cali. Of course you can make money anywhere, but I just can't stand the aggravation....
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Bud Gaffney
Rental Property Investor · Boston, MA · Member since 2019 · 2k+ posts · 1k+ votes
3y
@Isidoro Leon continue with eviction process
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Isidoro Leon
OP
Member since 2020 · 37 posts · 14 votes
3y
Thank you all for your valuable input. The tenant will be given a written notice to pay the rent for February and March by 03/06/2023 or I will file a forceful detainer the following day for non-payment. Again, thank you so much for your advice. Have a Great Evening!
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Jordan MoorheadBusiness Member
Real Estate Agent · Austin, TX · Member since 2015 · 5k+ posts · 3k+ votes
3y
I would move to evict personally but I would talk to an attorney
[email protected]512-888-9122
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Isidoro Leon
OP
Member since 2020 · 37 posts · 14 votes
3y
Thank you and Have a Good One!
-Moy
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Ronald RohdePro Member
Attorney · Dallas, TX · Member since 2016 · 5k+ posts · 2k+ votes
3y
Evict. Typically faster for non renewal than non payment, leave that claim out
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Joe Scaparra
Investor · Austin, TX · Member since 2013 · 680 posts · 1k+ votes
3y
@Isidoro Leon, your post is so vague it is tough to give you good advice. Some people say you're in Texas but I could not discern that from your post. Some rules you need to follow to have best results on this site.
1. Utilize your profile to tells more about yourself, where you property is, maybe your goals and your experience level. I go to the posters profile most of the time before posting to get more info. Check out my profile to get an idea.
2. Learn the rules of eviction for your state, country and possible city.
3. In Texas most of the counties require a 3 day notice to vacate (that is your eviction notice). After 3 days if they have cured (fixed the problem) you don't go any further. Usually it is for non-payment. It could be for a lot of other issues, people living there that shouldn't, an unauthorized animal, excessive noise, but most are initiated for non-payment.
4. Once given the 3 day notice to vacate, DO NOT ACCEPT ANY PARTIAL PAYMENTS......it will nullify the notice to vacate.
5. Once a tenant gets behind and requires an eviction they will tell you anything to not evict. Do not fall for it, it is time to get the tenant out and new tenant in and learn why you put that loser in and don't do it again.
6. Find you a mentor in the local area that has done this before and leverage his/her experience. Don't fall for the 5k training programs, you don't need it. Develop a network of local investors and call them from time to time.
Start doing these steps and life will become easier for you, not harder. Cheers.
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Isidoro Leon
OP
Member since 2020 · 37 posts · 14 votes
3y
Ronald, Thank you very much. I appreciate your input.
Joe, I agree. I do need to update my profile though apparently my post was not that terribly vague as the input received was quite fast and useful. Also, I'm with you on the benefits of a networking. I'm in South Austin. I'll try connecting with you.
Have a Great Evening!

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