I live in Montgomery County, MD and about 3 month ago I rented my basement to a single lady. I gathered one month security deposit and first month rent at the day of moving. After the first month she stopped paying rent so I sent her emails/texts asking about the rent. Her rent is due on 1st day of each month. After sending several emails she finally gave me a very small amount with a check with 16 days delay and she promised me to pay the rest in couple of days. Today is 29 and Im still waiting for my rent. I sent her several emails but she keeps promising me to pay. What should I do? I already dropped all the late fees to keep her happy so I can get my actual rent.
I really want her out of my apartment but I've been told if I go to court it might take up to 3-4 month.
San Francisco, CA · Member since 2016 · 238 posts · 204 votes
10y
@Account Closed on the formal notice. You need to start the eviction process. It may take 3 - 4 months, but that depends on where you're located.
My best guess is that she has done this before and assumes you're an amateur by sending the emails and texts. If she sees a formal notice, then she may reconsider and it will take a much shorter period of time to get her out of there.
Also, (you have probably realized this) ... make sure to screen your tenants properly. You can mitigate the risk of a bad tenant.
Investor · Topeka, KS · Member since 2015 · 1k+ posts · 1k+ votes
10y
you post a 3 day pay or quit (or whatever your state requires) and get the process started. If she can't afford 1 months rent she can afford 2+ months rent. Not sure about time to evict in your state. In KS we can have a Sheriff at the door within 30 days.
Also, you could offer her some cash to move out. I have paid $200-$400 to have someone leave.
San Francisco, CA · Member since 2016 · 238 posts · 204 votes
10y
@Account Closed on the formal notice. You need to start the eviction process. It may take 3 - 4 months, but that depends on where you're located.
My best guess is that she has done this before and assumes you're an amateur by sending the emails and texts. If she sees a formal notice, then she may reconsider and it will take a much shorter period of time to get her out of there.
Also, (you have probably realized this) ... make sure to screen your tenants properly. You can mitigate the risk of a bad tenant.
Thank you all for your responds. Yes, I currently have a month to month lease with her and I agree with you if she cant afford one month she cant afford 2+ month rent. That's why I want her out of my house.
Dana: If I want to start the eviction process I need to go to local court?
Real Estate Agent · San Jose, CA · Member since 2015 · 172 posts · 66 votes
10y
Do not cash the check!!! I don't know the laws in Maryland but in Calfiornia if you cash a check for partial rent then it's as if the tenant paid full rent and you have to start the eviction process. There are two types of tenant that don't pay rent, those that have fallen on hard times and can't pay it and those that go into the lease with a plan of not paying it and working the system. I'm sorry to say this but given that she just moved in and stopped paying rent it sounds like you have a professional scammer on your hands. Begin the eviction process as soon as possible!
I agree with you Gloria. I think I need to give her 30 days notice before I can start eviction process in state of MD. One of my friends which he is lawyer advised me to sign a month to month lease with her. Unfortunately, I cashed the check but I am thinking to use month to month lease and ask her to vacant the apartment in 30 days. I'll go to court and start the eviction process.
Investor · Juneau, AK · Member since 2015 · 980 posts · 741 votes
10y
I tend to agree with Gloria here on the pattern of behavior hinting at a possible "professional tenant" that knows how to work the system (and live rent free for extended periods). The very early avoidance of the rent payment does not pass my smell test. Either she was not qualified or did not have the intention to pay long term.
So I also agree with using your state's notice to pay rent or quit. That said, if she is a real pro, she may be on a first name basis with the legal aid office and qualify for free legal assistance. Thus, for a full on eviction, you may want to get professional help, too.
And while it is not helpful with this tenant, I would really examine your tenant screening and selection processes closely. With a near immediate non-payer, you probably should have been able to find clues about this pattern of behavior (e.g., thorough application, credit, references, court databases, background).
So it may be a stressful (and costly) lesson, but (as the saying goes) this too will pass.. it just may take some time and effort. And with more robust future screening, you may seldom if ever be in this situation again. Best of luck..
Lowell, MA · Member since 2014 · 335 posts · 52 votes
10y
You rent a basement. So the question is, is it even a legal unit in the first place? If it is not legal, you can get into a lot of trouble. If it is legal, send her 3 or 14 days notice to quit. Then, you can proceed to eviction. Depending on her age, if she is considered senior, more time might allow her to camp out. It is going to be a big expenses as you have to pay for storage, sheriff, and mover by law to remove her belonging out.
Professional · Glendale, CA · Member since 2013 · 105 posts · 47 votes
10y
@Dana Dunford gives you good advice. We post a 3-day notice in CA as well. Check your state rules, but non-payment of rent is usually 3-day. However, sheriff at the door within 30-days....wow. In So Cal it's 45-60 days. Actually had a tenant watching for the sheriff and left as he was approaching the unit. No matter how difficult the process, start it immediately and relieve yourself from the stress of dealing with this issue. In most cases, once they get away with not paying, it becomes easier and easier not to pay.
So, start with the 3-day and you will usually end up in your local small claims court.
I really want her out of my apartment. I just called our local court and they are telling me if I want to start the eviction process I need to give her 30 days notice to vacant the apartment first trough certified mail. so that additional 30 days
Investor · Pennsauken, NJ · Member since 2014 · 50 posts · 10 votes
10y
I agree with @Jacob Sampson to first issue a notice to pay or quit (free), and if that fails try the $200-$400 cash for keys. If neither works, you should really hire an attorney. I'm not sure about MD, but in NJ there are countless ways a "professional" squatter can have you liable for 2x damages through "hardships" or "losses" caused by seemingly harmless missteps on your part.
Investor · Socal · Member since 2015 · 222 posts · 34 votes
10y
Sure does seem with the country getting more and more crowded, a large portion of basements rented out as residences continue to not have a C of O (as a separate dwelling unit),
What I've usually seen is owners rent their basement (if no C of O as separate dwelling) for storage or the like, cause eventually a residential tenant who defaults will find out (as easily as googling) that the space they were renting as an 'APARTMENT' wasn't even a residential dwelling to begin with then query it with the department of building which inspects for code violations / unpermitted additions etc.
Luckily even if someone rented their basement without it having a C of O as a separate dwelling/apartment, a holdover can be evicted just the same except the established norm seems to be 'evict me and i'll report u' thus its important to be sure the unit is legal to avoid the code-violations-cited eviction aftermath.
When she leaves your basement for the day put a chain around the door....
Frank
This was probably a joke, but just in case anyone didn't pickup on that, putting a chain on the door would be illegal, as would changing the locks. There is an eviction process and proper way to deal with belongings.
Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
10y
@Account Closed have you tried talking to her and just telling her you are willing to release her from her lease, so she can move out (mutual agreement). You mention sending all these e-mails, but if she lives in your basement, you should be talking face to face with her. I have had good luck with people voluntarily leaving after talking to them. I would show up at her door every day until she pays or gets so sick of talking to you that she leaves. It could save you the cost of eviction.
I didn't understand your statement that you dropped late fees to make her happy, so she will pay the actual rent. Dropping late fees is unlikely to make her pay rent and it is a bad precedence to establish.
It sounds like you are new and it would be good for you to spend time getting educated on the whole process. There are tons of good resources on this website in addition to the books mentioned. There is lots of opportunity to get yourself in legal trouble if a situation is not handled properly, so I would recommend you seek legal council- unfortunately it will cost you money, but is the best choice in the long run.
Correct. Well it looks like in state of Maryland, landlord cant send 3 day pay or quit letter. I'm going to court on Monday to start Failure to pay rent process which they'll send a formal mail to the tenant. If she pays her rent then I cant do anything but in case if she still doesnt pay her rent I can file eviction process. After talking with professional it seems faster than other ways. The thing sucks I have to repeat that every time she doesnt pay rent and she can stop it by paying her rent.
To be fair, the 30 days is if there isn't any delay in either of the couple of steps but 40-45 is no problem at all. Not sure about CA but in KS, doesn't matter if the Sheriff talks with the tenants or not. I can take everything out right then (can't keep or destroy but I can hold it until rent is caught up), I can change the locks, and the Sheriff places a notice that it is illegal to enter the property.
Investor · Central Valley, CA · Member since 2012 · 6k+ posts · 3k+ votes
10y
Originally posted by @Account Closed:
Thank you all for your responds. Yes, I currently have a month to month lease with her and I agree with you if she cant afford one month she cant afford 2+ month rent. That's why I want her out of my house.
Dana: If I want to start the eviction process I need to go to local court?
should I send her 3 day pay or quit to her first?
If you are asking these very basic questions, you are not a good candidate to file any notice or evict anyone DIY at this point. Get legal help immediately and learn on this one. Your tenant should have received a quit or pay the first day rent was late. You can screw this up royally by not understanding and following the letter of the law, and delay getting paid or recovering the property for months. You're also in a muni with relatively pro tenant courts. Get yourself a lawyer or evictions specialist asap.