Tenant late on rent and refuses late fees

General Landlording & Rental Properties
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Tenant late on rent and refuses late fees

Ron Smith
Real Estate Investor · Reston, VA · Member since 2016 · 27 posts · 6 votes

Hi

I am a new land lord and facing a menacing tenant. This guys history checked out OK but his lies started from the time he said he will move in. Finally when I told him to confirm and pay the rent by 5th or I will rent the place to another applicant, he sent the payments. He did not pay rent on time one single time. Second month he said his payroll got messed up and he is drawing money from 401k ( yeah right !!!) and finally paid around 20 th but included the $100 late fees and promised to pay before 1st every month. 

3rd month, paid 3 days late and when asked about the late fees, gave me a lecture about how to run " my business". He changed his stance time and officially said he can pay any time before the month end and it will cost me to go to a court.

My real estate agent is the one who screened this tenant who says I need to deal with guy with kid gloves. He says not to send any more email reminders or late fee notices but just record all the corrospondence with him and not renew his lease which expires end of June.

This month he sends a " hey you can expect rent this Friday" Mail on 5th when he rent is due and no rent today as well.

I am worried if this guy will make more mess and not leave the property.

Pls advise.

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Alexander FelicePro Member
Guy with Great Hair · Austin, TX · Member since 2013 · 2k+ posts · 4k+ votes
10y

what does your lease say???? This is critical!

Look, if he's late, evict. simple as that. Don't wait until June, and don't stop pushing for the rent. He's skating while you're busting his balls, imagine if you give him a free ride!

Boot him now, or he will be squatting in June, and follow your lease

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  • James DeRoest
    Investor · Century, FL · Member since 2015 · 950 posts · 603 votes
    10y
    Originally posted by @Ron Smith:

     The reason I went with an experienced REALTOR is to AVOID newbie mistakes and yet here I am. But as you all say I completely OWN my mistake.

    Don't beat yourself up over it, that's what we're all here for!

    Wouldn't worry about making mistakes, there are more to come, trust me on that one.

    Show me a landlord whose never made a mistake and I'll show you a liar. Show me a landlord who says he wont make a mistake in the future, and I'll show you another liar.

    0Reply
  • Ron Smith
    OP
    Real Estate Investor · Reston, VA · Member since 2016 · 27 posts · 6 votes
    10y

    Does any one know if we can impress on the judge on the initial hearing date itself to give the judgement to evict the tenant. I am afraid this guy will keep dragging the case as long as possible and stay free basing on his previous record. or will the justice system side with the tenant and take atleast a few months to kick him out?

    Thanks

    Ron

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  • Wesley W.
    Rental Property Investor · The Vampire State · Member since 2013 · 2k+ posts · 2k+ votes
    10y
    Originally posted by @Rick Bassett:

    None of the clauses in our lease seem to matter to her: smoking, moving an extra person in, sneaking in an extra animal..etc. She pays just under the wire at the end of the State allowed grace period so that it really didn't make sense to bring an eviction action against her as it will cost us plenty and there is only a small chance of prevailing. Our local housing court (New Haven) places greater priority on Non-payment of Rent followed by Significant Damages and doesn't really want to be bothered with what they deem minor lease infractions. In all fairness to our housing court, they are great when someone isn't paying.

     If you add clauses to your lease that tack MONETARY penalties to unauthorized occupants, pets, smoking - then you WOULD be able to evict for non-payment, no?  Something to think about for next time.

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  • Kimberly H.
    Residential Real Estate Broker · Chicago Suburbs, IL · Member since 2013 · 1k+ posts · 594 votes
    10y

    This is not legal advise, I am not a lawyer…When I first read your story, I wondered if your agent actually did the screening, I seriously wondered if the screening was truly ok...and if he even did the screening at all. Now we know he didn’t. And how convenient for this real estate agent that he gets to help you find a new tenant this year...of course you need to fire his a$$ and find someone else, or maybe have an another agent do the showings and you actually do the screening part. Screening well is a LOT of work and I really don’t trust someone else to do it all.

    With Cash for keys, you pay the cash only AFTER they move out and give the keys. Not a second before.

    Next time, also, train your tenant from the outset. And since he started pulling stunts before he moved in, I wouldn’t have let him move in in the first place, just told him sorry, didn’t get your money by the first of the month, that voids the contract, and we went with someone else. My commission to agents is paid once the person moves in and to move in they need to be all paid and have all utilities in their name.

    What is this about not knowing if your lawyer is good with evictions???? Get a lawyer who only does evictions in your county or city. Not a jack-of-all trades lawyer. Maybe not possible if you are in a small town, but you need to have someone who does a LOT of these. Go to the courthouse and ask who that is, or look through eviction filings and hire the guy who does the most. Last thing you need is a lawyer who screws it up. And you should probably close that bank account that guy has your info for, all you need is to be almost done with the eviction and then get money from him deposited which can blow the up the eviction.

    Lastly, don’t be the landlord. Be the property manager who is just the messenger of the landlord. Don’t have the place linked in any way to your home address.

    Good luck and keep us posted.

    1Reply
  • Kimberly H.
    Residential Real Estate Broker · Chicago Suburbs, IL · Member since 2013 · 1k+ posts · 594 votes
    10y
    Originally posted by @Ron Smith:

    Does any one know if we can impress on the judge on the initial hearing date itself to give the judgement to evict the tenant. I am afraid this guy will keep dragging the case as long as possible and stay free basing on his previous record. or will the justice system side with the tenant and take atleast a few months to kick him out?

    Thanks

    Ron

     To answer your specific question, this sounds like a professional tenant. You need a professional attorney who does a zillion of these evictions in your area to deal with him. Of course let the atty know what you found out, but I don't know if its actionable intel anyway.

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  • Ron Smith
    OP
    Real Estate Investor · Reston, VA · Member since 2016 · 27 posts · 6 votes
    10y

    just an update. I won the default judgement as the tenant did not show up against the expectations of the attorney too, the reason bein he had a conflict in appointments with a different court in a neighbouring county for a warrant in debt case.:-)

    Meanwhile he sent a sad email that his mom is expiring and he has to go bury her and would like 2 months extension. He also said that he paid the currents month rent but somehow it did not credit from his account. Yeah right !!!. 

    Anywho I am nervous going through this last mile hopefully. Not really sure if this guy moves out once he sees the sheriff's notice or come up with another dramatic situation.

    Thanks

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