My tenant stopped paying rent...

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My tenant stopped paying rent...

Account Closed
Olney, MD · Member since 2015 · 11 posts · 1 vote

Hello, 

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. 

What should I do?

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Dana Dunford
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.

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  • Jeff Sprunger
    Lockport , NY · Member since 2014 · 265 posts · 124 votes
    10y
    And...buy "Landlording on Autopilot" by Mike Butler. Read. Apply!
    0Reply
  • Eric Munson
    Rocky Hill, CT · Member since 2014 · 200 posts · 56 votes
    10y

    @Account Closed has given you excellent advice 

    0Reply
  • Account Closed
    OP
    Olney, MD · Member since 2015 · 11 posts · 1 vote
    10y

    Any recommendations on good attorney in state of Maryland? How much they charge? 

    Thanks in advance.

    0Reply
  • Jayden W.
    Wholesaler · Mount Vernon, NY · Member since 2016 · 47 posts · 10 votes
    10y

    I would also advise in the future to visit prospective tenants at their current residence and talk to their landlord. I also agree with @Jacob Sampson 

    0Reply
  • John CasmonPro Member
    Cincinnati, OH · Member since 2013 · 1k+ posts · 1k+ votes
    10y

    Listen to K. Marie Poe here. 

    Know you're trying to solve the issue at hand, but seriously, did you screen this tenant?  I ask so others can learn as well. Not sure how much of this is "professional tenant" or just a poor due diligence process.

    0Reply
  • Nate T.Pro Member
    Investor · Tempe, AZ · Member since 2014 · 142 posts · 73 votes
    10y

    I did evictions myself for a few years, but looking back that was very inefficient because attorneys only charge $125 here in Arizona, plus the court costs. Total cost for the whole process is about $225 and then another $113 if we have to get the constable out to remove the tenant. Hopefully Maryland isn't too much more.

    0Reply
  • Rick BassettBusiness Member
    Property Manager · Greater New Haven, CT · Member since 2010 · 377 posts · 434 votes
    10y
    Originally posted by @Account Closed:

    What should I do?

    Quickly read up on everything you can on tenants & landlord rights and evictions in Maryland and then make the determination if you can handle it yourself or if you need an attorney. Also try to understand how things work in your local housing court. 

    As others have suggested you can offer her cash-for-keys to see if she will move in a very quick timeframe (less than a week). Don't give her the cash until you have the keys, everything is broom swept and she signs a release/letter of understanding.

    If she isn't interested in cash-for-keys then fast track the eviction process and have no more conversations with her.

    Rick

    475-900-3100
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    0Reply
  • Rick BassettBusiness Member
    Property Manager · Greater New Haven, CT · Member since 2010 · 377 posts · 434 votes
    10y
    Originally posted by @Nate T.:

    I did evictions myself for a few years, but looking back that was very inefficient because attorneys only charge $125 here in Arizona, plus the court costs. Total cost for the whole process is about $225 and then another $113 if we have to get the constable out to remove the tenant. Hopefully Maryland isn't too much more.

    Nate, what a bargain! If property is held in an LLC here in Connecticut the process will cost about $1,500 (if things go well) as an attorney is required, if not in an LLC then $300 - $400 without an attorney, again if things go well.

    Rick

    475-900-3100
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    0Reply
  • Jason Arcuri
    Real Estate Agent · Southbury, CT · Member since 2013 · 160 posts · 98 votes
    10y
    Originally posted by @Rick Bassett:
    Originally posted by @Nate T.:

    I did evictions myself for a few years, but looking back that was very inefficient because attorneys only charge $125 here in Arizona, plus the court costs. Total cost for the whole process is about $225 and then another $113 if we have to get the constable out to remove the tenant. Hopefully Maryland isn't too much more.

    Nate, what a bargain! If property is held in an LLC here in Connecticut the process will cost about $1,500 (if things go well) as an attorney is required, if not in an LLC then $300 - $400 without an attorney, again if things go well.

    Rick

     Hey Rick,

    I've used an attorney numerous times and never have I come to that price point.  My attorney charges $700 upfront as deposit but more often than not I get part of it back.  Luckily, I've only gone through the court process once and it wasn't all the rest through but my attorney said he usually gets 1500if things take a while.

    0Reply
  • Rick BassettBusiness Member
    Property Manager · Greater New Haven, CT · Member since 2010 · 377 posts · 434 votes
    10y

     Hi Jason,

    The $1,500 number assumes they contest and actually show up to court, it also includes the multiple Marshall's fees for serving notices in the New Haven area as well. It's around $750 if they don't contest and they move out cleanly (which they never seem to do).

    Rick

    475-900-3100
    Bassett Property Management5108 Reviews
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    0Reply
  • Jason Arcuri
    Real Estate Agent · Southbury, CT · Member since 2013 · 160 posts · 98 votes
    10y
    Originally posted by @Rick Bassett:

     Hi Jason,

    The $1,500 number assumes they contest and actually show up to court, it also includes the multiple Marshall's fees for serving notices in the New Haven area as well. It's around $750 if they don't contest and they move out cleanly (which they never seem to do).

    Rick

     Ouch, maybe I've just been very lucky.  I also offer them money to get out on their own though.  Usually after the second marshal notice they take the money.

    1Reply
  • Georgia H.
    Investor · Catonsville, MD · Member since 2013 · 65 posts · 17 votes
    10y

    Soheil,

    If you need a real estate attorney who is also an investor; who does have his own title company, give Anthony C. Onwuanibe -- Attorney at Law a call.  Since he is not a member in this forum, I can't post his contact information but look him up since he is local in Maryland. 

    Since he's in the same line of business, I am sure he can assist somehow.  

    When I needed some advise from an attorney he spoke to me in great detail.   Hopefully, he can be of some assistance to you.  

    I hope this information helps, have a blessed weekend! 

    3Reply
  • Federico Gutierrez
    Realtor · Cleveland, OH · Member since 2015 · 2k+ posts · 857 votes
    10y

    You are going to have to evict.

    You could try cash for keys if your ego can put up with paying a non paying tenant to leave

    1Reply
  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    10y

    @Account Closed a few points to consider. 

    Did you use the County approved lease with this tenant? You mention this was a month to month lease, which indicates to me that it probably was not...as they County approved lease allows for 1 and 2 year lease terms.  Also if you did not use the County approved lease, there is a high likelihood that your lease will not stand up in housing court.

    Is the unit she is renting licensed with the County? You mention it is in the basement...is there means of egress? Your profile says you are in Olney....Olney has a lot of houses built before 1979...if that is the case, did you have your lead inspection and receive your lead certificate?

    If you are actual in compliance with all the laws...it will actually be pretty east to get a tenant evicted.  Montgomery County considers rent late on the 10th day of the month.  When they hit that date, you go to the county court house in Rockville and fill out the failure to pay rent form. They will assign you a court date roughly 2 weeks from that date. Then I think they have 2 weeks to pay back rent and fees...and if they do not, you can have the sheriff supervise the removal of the belongings from the property.

    If you are not in compliance with all these laws...then it is going to be a whole other story.

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  • Linda Liberatore
    Real Estate Investor · Schaumburg, IL · Member since 2014 · 76 posts · 30 votes
    10y

    I definitely would go to her unit to discuss this in person. I would let her know you have no alternatives but to serve legal notice (following the guidelines required by your county/state) If she does not want an eviction on her record she might be willing to leave.  If as discussed above she is a professional problem this is likely to end up in court and I would recommend seeking legal help.

    In the future at the time of the lease signing I would discuss that you serve legal notice for any unpaid rent not received by the dates as listed in your lease; as part of your standard business practice.  It is a good business practice to give a list of local charities at that time. This way it is a friendly discussion and documentation you can reference when a problem occurs. I would address and discuss that all late fees are added to the account and only waived one  time as a courtesy but only after the full rent payment has been received.  Hope that helps.

    2Reply
  • Account Closed
    OP
    Olney, MD · Member since 2015 · 11 posts · 1 vote
    10y

    Thank you all for your advise. 

    My house is built in 1979 and right after moving here about 5 month ago I started finishing up the basement. I have to agree with some of you. The apartment basement has full kitchen and separate bathroom and entrance but it doesn't have standard size windows. The master bedroom doesn't have window so I am hesitating to go to court. I tried to waive the late fees so we can solve everything in peace. 

    I also asked Montgomery County and they told me as long as I live in the house I don't need to get license to rent it.

    I used montgomey county lease form but we stated in the contract that the lease Is month to month and both agreed and signed it. 

    It's almost end of the month and she wrote me another check which is not the full rent for last month. The new month is coming and I'm not sure she can pay the rent.

    I'm going to talk to her tomorrow and see if I can offer her cash for keys. 

    After all I really think she can't afford to pay her rent. Before receiving the check today I was really worry that she is a professional renter so that makes it easier for me.

    0Reply
  • Frank S.
    Specialist · Chicago, IL · Member since 2015 · 870 posts · 345 votes
    10y

    Get on the phone, no emails or texts. 

    Start eviction

    Buy her out of her lease, offer cash for keys, get her out.

    Book: Landlord on Autopilot

    Best of luck, 

    F

    0Reply
  • John Arendsen
    Homeowner · VISTA, CA · Member since 2015 · 726 posts · 340 votes
    10y

    @Gloria Mirza is spot on as are a lot of other folks. Whatever you do just bite your lip and stay cool. Don't do anything that could get you sued or lose it with her. It's pretty tough sometimes when your dealing with a blatant flake if that's indeed the case. Good luck.

    1Reply
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