Non-paying and non-responsive tenant

Non-paying and non-responsive tenant

Investor · Berkeley, CA · Member since 2019 · 3 posts · 3 votes

Hi everyone,

I've recently purchased a fourplex in Oakland, one vacant unit, three tenant occupied. We closed recently. So October is the first official month of me being a landlord. We got one section 8 tenant who eventually paid, one tenant that paid on time, but one tenant that's been problematic. Let me tell you the story.

On the first of the month, I got a text message from her with something to the effect of unfortunately I don't have rent until Thursday next week. I said okay, I am going to accommodate this request, and added a new charge for her for October rent in RentRedi and put the due date for this Friday. I said this on Sunday October 5th. Welp, no response. Nothing. She actually didn't pay at all this week. No response. I texted her on Saturday, hey it's Saturday the 11th, I still don't have any rent from you. Nothing. I called today. No response. I left a voicemail saying if I don't hear back by tomorrow at 5pm, I will file an eviction notice, and asked her to call me.

So this is where I'm at. Isn't that amazing? First month of being a landlord and I'm already dealing with a non-payer. Just awesome. So I'm posting this question here to gather help from the community. As a first time landlord, I'm new to all of this, and I want to make sure I do everything legally and professionally. At the same time I want to be helpful and caring to my tenant to the degree possible without adverse financial consequences. This is a small business after all with small margins, and I can't really afford a non-payer. Mortgage payments and everything else really add up fast.

Please help me out. Do you recommend a legal firm or website or app for handling the 3 day notice? Did I act too quickly, or was I right in setting up a firm boundary? I don't want this to become a game of her pushing me around and seeing how much she can postpone rent. I get that life happens, and financial hardship can happen to anyone. But if that was the case, I need the tenant to clearly tell me this and maybe we can work out a solution together that works for both side. But this isn't really possible if the tenant is checked out. So I feel like that's left me no choice.

I was going to go LDA Pro Legal https://ldaprolegal.com/ and ask one of their paralegals to write me the notice and also use their service to serve it to the tenant. All in all it will cost only 250, a small price to pay to make it clear that I am firm about running this business, we all have to follow the rules, and I can't just bend them without any reason. I hate that it had to start off like this, but if she doesn't respond or pay by tomorrow, I am at a loss as to what to do aside from serving the notice.

If you have any site or app or firm or anything like that that offers eviction services in Oakland CA, please share with me. Any help is greatly appreciated. Thank you.


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Rental Property Investor · Member since 2020 · 11 posts · 4 votes
1y

My experience:  if she actually leaves you are very lucky.  It seems after covid and 'eviction protections' a fair number of people have learned they can game the system and just never pay/stop paying for months and expect that if they pick back up paying all is good.  Who can blame them when that is what was allowed by law?  

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  • William WhitleyBusiness Member
    Accountant · TN · Member since 2025 · 146 posts · 92 votes
    1y

    My late mother was a property manager and landlord. I loved her dearly, but I used to joke that she wasn’t the best landlord — mostly because she cared too much about her tenants. There’s a balance between being compassionate and remembering this is still a business. When you see early signs like non-payment or lack of communication, it’s usually better to act quickly rather than delay what might become inevitable.

    My mom handled evictions herself, but that was her full-time job. If you’d have to take time off work or lose income to deal with it, hiring a property manager or having an attorney on retainer can be well worth it.

    I’m not a big fan of online legal services unless they include actual attorney consultations. You might look into a business membership with LegalShield or something similar that gives you access to licensed attorneys when issues like this come up: https://www.legalshield.com/

    At the end of the day, being a good landlord means protecting both your investment and your peace of mind. Setting clear boundaries early helps tenants see you run your rentals like a business — fairly, but firmly.

    Accountable Balance Bookkeeping, LLC
  • MD/DC · Member since 2024 · 1k+ posts · 1k+ votes
    1y

    Nope not amazing but annoying. It sounds like she doesn’t have the money which isn’t surprising in a building with section 8.
    I wouldn’t be too jazzed about 13 days late especially because she gave you a heads up. Not immediately responding to your call yesterday doesn’t mean much either but I would start looking into the next steps if she doesn’t pay by the end of this week.  As a landlord you need to know the nuances of the eviction process in your area. Hopefully you won’t need to use that information.

  • Drew SygitBusiness Member
    Property Manager · Royal Oak, MI · Member since 2012 · 12k+ posts · 9k+ votes
    1y

    @Kamyar K. welcome to the challenges of dealing with Class C tenants!

    Guessing you bought a Class C property due to the S8 tenant in place.

    It is very common for existing tenants to "test" the new owner/PMC to see what they will be allowed to get away with. 

    Be prepared for the commonly used excuses of,
    1) "I had a lease with previous owner, but not with you, so I don't owe you any rent". WRONG! Leases transfer.
    2) "The previous owner promised x repair" or, "changed my rent due date" or, "gave me a credit for this month", etc. IF IT'S NOT IN WRITING, IT NEVER HAPPENED!

    Newbies constantly assume, to their detriment, that all tenants are honest all the time:( 

    WRONG: tenants are only nice until you tell them "no"! 
    - Also, do NOT forget, desperate people will do & say desperate things!

    BEST ADVICE: assume tenants are LYING until they prove otherwise!

    We send out eviction notices ASAP, no matter what the tenant excuse is. This starts the eviction process and YOU will lose money if you don't do this as all you are doing is allowing the tenant to potentially stay longer for free.

    DM us if you'd like to chat for 30 minutes and help you out a bit more:)

  • Investor · Berkeley, CA · Member since 2019 · 3 posts · 3 votes
    1y

    Well, just an update here. The next day rolled around, and wouldn't you believe it, she actually texted me in the morning saying she lost her job and is financially struggling. So I talked to her later in the day and got her to agree to leave by the end of this month, and I'll just use her security deposit towards this month's rent. Sent her a written mutual agreement document to sign to quit the lease, and hopefully, this will end peacefully. I hope I never have to learn how evictions work, but I agree with everything you guys have said so far.

  • Rental Property Investor · Member since 2020 · 11 posts · 4 votes
    1y

    My experience:  if she actually leaves you are very lucky.  It seems after covid and 'eviction protections' a fair number of people have learned they can game the system and just never pay/stop paying for months and expect that if they pick back up paying all is good.  Who can blame them when that is what was allowed by law?  

    • Investor · Berkeley, CA · Member since 2019 · 3 posts · 3 votes
      1y
      Quote from @Gillian Thackray:

      My experience:  if she actually leaves you are very lucky.  It seems after covid and 'eviction protections' a fair number of people have learned they can game the system and just never pay/stop paying for months and expect that if they pick back up paying all is good.  Who can blame them when that is what was allowed by law?  


      I guess you are right, I am lucky that I was dealing with an honorable person that isn't trying to cheat the legal system. I actually decided to give her another full month until Nov 15 to stay without pay, so she has some leeway to figure something out. She lost her full time job of more than a decade, so it's really a tough situation, and I want to do everything I can do bring closure to all of this, so we both have a plan. She was very appreciative and just signed the agreement I sent her to terminate the tenancy, so it's officially done. 

      I learned more from this experience than many of the other sharp turns in my life. It's really a roller coaster, one moment realizing someone isn't responding or paying, another moment facing down the reality of having to enter into a lengthy legal battle to re-claim possession, court dates, legal fees, lawyers, notices, what a hell it could have been. Being a landlord isn't easy!

  • Denise SuppleeBusiness Member
    Realtor · Willow Grove, PA · Member since 2017 · 993 posts · 647 votes
    1y

    You're handling this well. You gave clear communication and flexibility, but the tenant's silence is a concern. Serving a 3-day notice is the right next step if there's still no payment. Using LDA Pro Legal is a smart choice since they understand local Oakland laws. You can also check Rocket Lawyer or LegalZoom, but a local service is better for your first time. You didn’t move too fast—you're setting a necessary boundary and protecting your investment.

    Spark Rental Co-Investing Club582 Reviews
  • Patrick O'SullivanBusiness Member
    Property Manager · Phoenix, AZ · Member since 2024 · 540 posts · 208 votes
    1y

    @Kamyar K.  Sounds like you handled this situation with a good balance of firmness and empathy. A lot of new landlords face this kind of early challenge, and you’re right, it can feel like a crash course in boundaries, communication, and risk management all at once.

    Getting everything in writing and securing a signed agreement to vacate was a smart move. Hopefully, the tenant follows through, but even if things shift again, you’ve taken steps to protect yourself while keeping the tone respectful. That goes a long way in avoiding unnecessary conflict.

    Also, your willingness to offer a bit of breathing room shows professionalism and compassion, which can preserve your reputation long term, especially in a tightly regulated market like Oakland.

    Thanks for sharing your experience here. It’s a great reminder that landlording is rarely black and white and every situation requires a measured approach.

    get MULTIfamily Property Management4.7222 Reviews
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