Tenant 3 months late on Rent, worth it to try and evict?

Tenant 3 months late on Rent, worth it to try and evict?

Member since 2020 · 4 posts · 0 votes

Hi! My husband and I own a single-family in Shoreline, WA. Last year, we accepted a job opportunity in CA, so we decided to rent out our primary home for the foreseeable future. I didn't have a great time finding tenants but decided to rent to a family (one couple with 2 kids, and her sister) with sub-par credit scores as their income was more than sufficient, and they said they could pay a 3x rent deposit, and I spoke with their previous landlord who gave them a recommendation. Here is what has happened:

July 2022 - Select tenants, set up on Avail, tenant seemingly paid the security deposit and first month's rent so I gave them the keys

I didn't realize Avail doesn't take the money right away and 75% of the security payment fails (they paid it in 10 transactions), now they already have the keys to the house. Also, in WA you have to offer monthly payments for the security deposit, so I didn't want to freak out too much.

August 2022 - Rent payment is late, and fails several times...no rent for August

September 2022 - Tenant gets a big check for a past car accident, pays August rent and September Rent

October - December 2022 - Tenant pays rent late every month, but always pays rent and a $190 late fee 

January 2023 - Rent Fails, no rent collected 

February 2023 - Rent fails, tenant finally responds to text messages, and tells me that her sister (who is on the lease) has been in the hospital since December for mental health reasons. They are working with lawyers to get access to her finances and they should get money to pay January and February by the 15th of Feb. The 15th comes and goes no rent. On Feb 28th, we received $1,700 of the $3,800 rent for January, but nothing else (water bill, late fees).

It is now March 3rd - Received a message today that they are scheduling the payments to pull on March 6 with Avail it takes around 3-5 days for it to deposit in our account which at the soonest we may get it is March 10th and then sometimes it fails on the day it is supposed to deposit which is frustrating. If the payments fail again, I feel like we are going to have to take action another way.

So, technically they are 3 months behind, and we do not have the full security deposit to cover us. What they are going through is extremely hard and I have a lot of empathy for them, but they are also putting my family in a very hard situation. The couple still works and still earns income, so they should still be able to pay at least a portion of the rent. 


We accepted this job in CA, with a crash course in renting homes, we didn't have enough in our savings to cover 3 months' rent which is recommended (learned this after the fact) and put a security deposit on the home we are renting in CA. Due to this, we have incurred more credit card debt than we are comfortable with. They only have 3 months left on the lease, and I don't think we can afford to go through the eviction process, but I am afraid we may have to. 

We plan to move back into the house once they move out to help get our expenses right side up. We have learned so much through this experience, and now have a list of things not to do when we are able to buy another rental (which is the goal!). 

Thank you for any insight or advice you are able to offer! 

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Member since 2018 · 2k+ posts · 1k+ votes
3y

@Emily Ziemba You are 3 months late doing something. Start the eviction process now. They will continue to withhold rent and why would they move out when they know you are a pushover. 

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  • Member since 2018 · 2k+ posts · 1k+ votes
    3y

    @Emily Ziemba You are 3 months late doing something. Start the eviction process now. They will continue to withhold rent and why would they move out when they know you are a pushover. 

  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    3y

    Start the eviction process. hindsight is great, but you should have started it in Jan at the latest.

  • Bjorn AhlbladPro Member
    Investor · Shelton, WA · Member since 2017 · 6k+ posts · 6k+ votes
    3y

    I would start the eviction process right away. Given what you described have this done with an eviction attorney. The Washington Land Lords Association can help you. All the best! 

  • Member since 2022 · 1k+ posts · 1k+ votes
    3y

    Evict.  I think this is Rob Trickler's office. He's good.

    https://allcountyevictionsonli...

  • Member since 2022 · 1k+ posts · 1k+ votes
    3y

    Kick em out quick, North end I think.

    https://www.kickemoutquick.com...

  • Member since 2022 · 1k+ posts · 1k+ votes
    3y

    I don't want to hit when you're down but WA is the worst state in the union to be a landlord. Screening is the most important step, because once in, you can't get them out. I require a 750 credit rating. Try to be more careful next ime. Good luck.

  • Member since 2020 · 4 posts · 0 votes
    3y
    Quote from @Henry T.:

    Evict.  I think this is Rob Trickler's office. He's good.

    https://allcountyevictionsonli...

    Thank you! I will definitely reach out!


  • Member since 2020 · 4 posts · 0 votes
    3y
    Quote from @Henry T.:

    Kick em out quick, North end I think.

    https://www.kickemoutquick.com...


     I’ll take a look into this one too! Thank you for this!

  • Dan H.Pro Member
    Investor · Poway, CA · Member since 2015 · 7k+ posts · 8k+ votes
    3y

    Learn from your mistakes.  Hire a professional to handle this eviction.  If you had hired a quality professional property manager, you likely would not be experiencing these issues.

    good luck 

  • Investor · Scottsdale Austin Tuktoyaktuk · Member since 2021 · 4k+ posts · 4k+ votes
    3y
    Quote from @Emily Ziemba:

    Hi! My husband and I own a single-family in Shoreline, WA. 

    We plan to move back into the house once they move out to help get our expenses right side up. We have learned so much through this experience, and now have a list of things not to do when we are able to buy another rental (which is the goal!). 

    Thank you for any insight or advice you are able to offer! 

    When I was flipping houses in Seattle, you could give notice & evict if you were planning on moving back into the house. Has that changed? 

    Shoreline is a little better than Seattle (not much) but still, I'd check that part out with an eviction attorney. If shoreline is now as bad as Seattle, well . . . "you get what you sew". Don't expect sanity if you live in an insane asylum.

  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    3y

    You're letting your emotions get in the way. Do you think Elon Musk would sell them a Tesla and not expect payments because they are going through difficult times? I bet the local grocer won't accept their sob story and give them a carton of eggs with a promise to pay. Business is business and you've got to act like you have a business or you will be eaten alive. You don't even know if her story is true (it's more likely not).

    Hire a professional and kick them out.

    Do not rent again unless you have a professional manager in place to protect you from bad tenants . . . and yourself.

    The DIY Landlord Book4.7247 Reviews
  • John MorganPro Member
    Rental Property Investor · Grand Prairie, TX · Member since 2018 · 2k+ posts · 2k+ votes
    3y

    @Emily Ziemba

    I’ve got a few tenants like this. They will come up with the most creative excuses. It’s usually a death in the family or they were sick so had loss of work for a few weeks. It gets old. Same ole same ole for some tenants. Start the eviction process and tell them you’ve been burned before like this. But it takes 3 weeks to get a court date so they have until then to come up with all the rent. I tell them my wife makes me file if they’re more than a week late because we’ve lost tens of thousands in the past for letting it slide a few weeks, which turns into a few months before you know it. Then they leave and you don’t get a penny. Just a house that’s usually trashed and damaged. And I tell them my bank pulls my mortgage out of my account on the 1st each month and doesn’t care what my situation or my tenant’s situation is. So it’s just business to protect myself. They all magically come up with $ as soon as I do this. Lol

  • Member since 2022 · 1k+ posts · 1k+ votes
    3y
    Quote from @Account Closed:
    Quote from @Emily Ziemba:

    Hi! My husband and I own a single-family in Shoreline, WA. 

    We plan to move back into the house once they move out to help get our expenses right side up. We have learned so much through this experience, and now have a list of things not to do when we are able to buy another rental (which is the goal!). 

    Thank you for any insight or advice you are able to offer! 

    When I was flipping houses in Seattle, you could give notice & evict if you were planning on moving back into the house. Has that changed? 

    Shoreline is a little better than Seattle (not much) but still, I'd check that part out with an eviction attorney. If shoreline is now as bad as Seattle, well . . . "you get what you sew". Don't expect sanity if you live in an insane asylum.


     That would mean giving proper notice of 4? months, then filing eviction if they hold over. Where as, with no payment, and all the late history, they can start eviction process now.

  • Investor · Scottsdale Austin Tuktoyaktuk · Member since 2021 · 4k+ posts · 4k+ votes
    3y
    Quote from @Henry T.:
    Quote from @Account Closed:
    Quote from @Emily Ziemba:

    Hi! My husband and I own a single-family in Shoreline, WA. 

    We plan to move back into the house once they move out to help get our expenses right side up. We have learned so much through this experience, and now have a list of things not to do when we are able to buy another rental (which is the goal!). 

    Thank you for any insight or advice you are able to offer! 

    When I was flipping houses in Seattle, you could give notice & evict if you were planning on moving back into the house. Has that changed? 

    Shoreline is a little better than Seattle (not much) but still, I'd check that part out with an eviction attorney. If shoreline is now as bad as Seattle, well . . . "you get what you sew". Don't expect sanity if you live in an insane asylum.


     That would mean giving proper notice of 4? months, then filing eviction if they hold over. Where as, with no payment, and all the late history, they can start eviction process now.


    There are all kinds of overlaping laws regarding eviction. Best to contact an eviction attorney rather than speculate. ;-)

  • Lender · Seattle, WA · Member since 2022 · 482 posts · 768 votes
    3y

    You can either evict them which may cost up to $3-4k for the eviction process or propose cash for keys where you "incentives" them by paying them money to move out ASAP as a way accommodation for them to move out. Yes it sounds bizarre but welcome to Seattle and Shoreline is considered King County. Anything beyond Edmonds, WA is Snohomish county which the regulation laws are different @Albert Bui @Carlos Valencia

  • Investor · Pasadena, CA · Member since 2017 · 613 posts · 523 votes
    3y

    I agree with the other posts - start the eviction process asap. 

    Tenants have an amazing ability to find extra money for rent when they know they HAVE too!  ..or make other arrangements to vacate the house when pressure is on. Either way, the problem is solved.

    Seriously, it's like MAGIC!  ...One day they have all this trouble going on and they are "about" to get paid any day, or get access to the money, etc, and as soon as they realize they are in danger of getting evicted, **POOF** they either move on or catch up.

    You are not being a bad or uncaring person for expecting your agreed upon rent in exchange for offering them a nice place to live. Unless, of course, you want to subsidize them or support them in this way. That is always your option, but understand, that is what you're doing when you allow this situation to happen. 

    You can nicely be empathetic to their situation, while still being firm about YOUR situation! It's basically offering a smile and understanding, while still reaching your hand out for your full rent. Again, it is always up to you if you want to help them out and help pay for their living expenses, but understand, that is the CHOICE you are making when you allow it to go on.

    I have heard many stories in the past and have felt bad, even trying to help some tenants in certain ways, only to get taken advantage of. Now, I typically have a 6th sense about these situations and act accordingly. Some people really do need and deserve help, but many are just testing your boundaries.

  • Rental Property Investor · Richmond, MO · Member since 2020 · 14 posts · 10 votes
    3y

    @Emily Ziemba

    Absolutely evict ASAP with attorney. Should have filed 3 months ago. ❤️

  • Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
    3y
    Quote from @Brad S.:

    Tenants have an amazing ability to find extra money for rent when they know they HAVE too!  ..or make other arrangements to vacate the house when pressure is on. Either way, the problem is solved.

    Seriously, it's like MAGIC!  ...One day they have all this trouble going on and they are "about" to get paid any day, or get access to the money, etc, and as soon as they realize they are in danger of getting evicted, **POOF** they either move on or catch up.


     Aloha,

    As a great example, years ago I was probably managing around 100 scattered site section 8 housing, in addition to some 600 average rentals. Lots of the subsidized tenants were responsible to pay a small portion of rent out of pocket, but would fall behind with lots of plausible reasons. For the small amounts, it was not worth it to evict, UNTIL we started filing on everyone that owed more than $10. We did this just twice per year, specifically during March, when tax refunds generally started arriving; and again in September or early October, before tenants started spending money on Christmas gifts. We negotiated a lower cost from the attorney to process most of them at the same time, and coordinate with the courts to get as many in as possible each day. The tenants all had to pay the court costs and attorney fees as well. After the first year, word spread at many of our properties, and late payments became very rare, and over 30 days were 99% non-existent. 

  • Jim KalishPro Member
    Real Estate Investor · Matthews, NC · Member since 2017 · 219 posts · 173 votes
    3y

    @Emily Ziemba I'm sure you don't need another person telling you to evict, but I'm going to anyway.  EVICT THEM NOW.  They will continue to take advantage of you.  If you are like me, you pay your bills.  SO you expect other people to do the same.  And most do.  But for the ones that don't, they thrive on ripping people off.  They aren't embarrassed or ashamed.  It becomes a game to them.    Being a landlord is TOUGH.  Vetting a potential tenant takes time and you have to stick to your guns.  I hate doing it.  That's why my son does it.  He is great at it.  Sometimes it takes an extra month but loosing 1 month's rent with the place vacant is a lot less expensive than evicting.  Establish ground rules and stick to them for everyone.  As soon as you make an exception you open yourself to litigation.  Check their credit history, do a criminal background check, and see if they have ever been evicted before.  So now you should be asking how to do this.  Hire a professional in that area.   You can just google property managers.  But you don't know what yo will get from that search.  You want a PM who does a lot of work for similar property owners.   So look for rentals  that area.  Call those numbers and tell them why you are calling.  If they are a property manager they will tell you thy are the best.  Just get all of their info and write it down.  Then compare.

    Since you are remote and new to this, hire an attorney for the eviction.  It will be well worth the cost.  You can try to recoup your lost rent but its unlikely you will ever see the back rent.  Just write it off on your taxes.

    Good luck.  And don't feel bad.  Our first couple of years were a disaster.

  • Member since 2022 · 13 posts · 1 vote
    3y

    Vacancy rates are pretty low in your area. Most landlords will also require past landlord references and no evictions. I’d make them an offer, not very high, but letting them know that they’re destroying their chances of obtaining housing in the future if they try to stay until the sheriff forces them out. 

  • Member since 2020 · 4 posts · 0 votes
    3y
    Quote from @James Are:

    Vacancy rates are pretty low in your area. Most landlords will also require past landlord references and no evictions. I’d make them an offer, not very high, but letting them know that they’re destroying their chances of obtaining housing in the future if they try to stay until the sheriff forces them out. 


     I spoke with their former landlord and they gave the tenants a good reference, they had rented from her for several years, but she was selling the house and moving out of state. They agreed to pay 3x the security deposit and then only paid a portion, they make 6x the rent in income as the husband is a medical professional. They offered to have a co-signer, which from what I understand could actually make it harder for me to evict them if needed, so I didn't accept that offer. 

    They have had a few medical emergencies, and one of the partners had a messy divorce so it seems like their debts are overwhelming. Now with one tenant likely being in the hospital long-term and them putting their parents in assisted living, they could actually move into a smaller home where the rent is manageable. 

    Contacted a Lawyer today, WA State is such a lovely place to live, but a tough place to be a landlord. We have to go through a state mediation program to come to an agreement on a re-payment plan. Hopefully, they can get some rental assistance through the program. It is also illegal to evict in the winter. In this state, they have the control, so I feel like it is helpful to be kind and understanding in hopes that the house stays in good shape especially since we want to move back in and make it our primary residence again. 

  • Member since 2022 · 1k+ posts · 1k+ votes
    3y
    Quote from @Emily Ziemba:
    Quote from @James Are:

    Vacancy rates are pretty low in your area. Most landlords will also require past landlord references and no evictions. I’d make them an offer, not very high, but letting them know that they’re destroying their chances of obtaining housing in the future if they try to stay until the sheriff forces them out. 


     I spoke with their former landlord and they gave the tenants a good reference, they had rented from her for several years, but she was selling the house and moving out of state. They agreed to pay 3x the security deposit and then only paid a portion, they make 6x the rent in income as the husband is a medical professional. They offered to have a co-signer, which from what I understand could actually make it harder for me to evict them if needed, so I didn't accept that offer. 

    They have had a few medical emergencies, and one of the partners had a messy divorce so it seems like their debts are overwhelming. Now with one tenant likely being in the hospital long-term and them putting their parents in assisted living, they could actually move into a smaller home where the rent is manageable. 

    Contacted a Lawyer today, WA State is such a lovely place to live, but a tough place to be a landlord. We have to go through a state mediation program to come to an agreement on a re-payment plan. Hopefully, they can get some rental assistance through the program. It is also illegal to evict in the winter. In this state, they have the control, so I feel like it is helpful to be kind and understanding in hopes that the house stays in good shape especially since we want to move back in and make it our primary residence again. 


     The mediation should not take long, a week or two, if it does take long,  push the attorney hard for a court date to evict. Thank goodness they're not teachers (you can only evict them in the summer). Aside from their failure to pay..... If you're thinking you're going to move back in the house, give them the required 3 month notice before your move in date. You may want to move it up sooner in case they refuse to leave, then it will take you a couple months to evict them for that.  Make sure the notice to move is performed and served by an attorney properly, it's complicated and will trip you up. Do it right, by the book, with all proper notices and legal wording about the tenants rights to a free attorney, etc. If the procedure is wrong at all, the eviction  judge(if you get that far)  will make you start all over again.

  • Rental Property Investor · Member since 2021 · 385 posts · 197 votes
    3y

    Like most others said, start the eviction process right away. You do not need to be wasting any more time with these tenants.

  • Edmonds, WA · Member since 2018 · 10 posts · 1 vote
    3y

    We just went through a similar process with a tenant in Everett, WA.  So here is what we did.

    Ensured that the tenants term ends at the end of the rental agreement.  Provide notices that indicate that renewal is acceptable if all back rent is paid.  Send notices out and multiple reminders through text and email of the situation, i.e. once a week and then multiple times a week as the date came closer.  Identify eviction service and ensure all documents are in place, and we ready to move forward with eviction if there is any remaining month when rent is not paid.  Survey property to ensure it is ready to be rented again.  In the end, the tenant moved out skipping the last month of rent, which was less than the eviction service cost.  Since the tenant indicated that he was moving, we did not start the eviction process.  This was the least expensive path in our case.  Basically, the unpaid rent was the money we paid the tenant to leave.

  • Realtor · Bellevue, WA · Member since 2019 · 882 posts · 1k+ votes
    3y

    @Emily Ziemba, get an eviction attorney and start the process right away!

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