Problem Tenant Rent Collection

Reisterstown, MD · Member since 2014 · 24 posts · 1 vote

Hello, I have a problem tenant and the latest is I have a failure to pay rent judgement against them. Today is the day I can file for eviction. Last night I get a text from the tenant saying I can come pick up the rent from them during a 1 hour window tomorrow.

The lease agreement states that they will deposit the rent into my account at the bank. I asked them to mail the check but they are saying I can only come pick up the rent from them during that 1 hour window.

Does this sound like something I should play along with? They have been a pain ever since they moved in.

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Nathan GesnerBusiness Member

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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes

10y

First, you should not accept checks for late rent. If the check bounces, you could be another 7 - 10 days behind before discovering the problem. My policy is that rent is due on the 1st. If they have not paid by close of business on the 4th, they get hit with a late fee and have to pay with a money order so I know the funds are guaranteed.

Second, the tenant is offering to pay rent but playing games. Is it more important that you "win" the argument or that you collect rent?

It's hard to say what you should do because I don't have all the background regarding what the tenant has done in the past. Based on what you've provided, I would go there to collect the rent and I would simultaneously hand the tenant a letter asking them to leave. Kindly point out that they don't appear to be happy in your rental and that it would be easier on all parties if they would give you 30 days notice and move on. If they return it in good condition, they can still get their deposit back without penalty for breaking the lease.

Don't get caught up in childish games because the tenant has the advantage by making your life difficult for a long period of time. Stay objective, offer to help them move on, and be nice. Being nice to a childish tenant hurts them more than if you played their game.

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Alvin Cavalier
Rental Property Investor · Atlanta, GA · Member since 2016 · 18 posts · 2 votes
10y
Omer, Stand by your rental agreement guidelines and in this case I would not personally trust a tenant whom has displayed such childish behavior. Just my 2 cents...
2 Reply
Michaela G.
Investor · Atlanta, GA · Member since 2013 · 3k+ posts · 3k+ votes
10y
It's up to the tenant to deliver the rent. And don't ask for something by mail, because we know how 'the check is in the mail' turns out with tenants like that.
2 Reply
Kevin Kroll
Investor · North Augusta, SC · Member since 2015 · 52 posts · 14 votes
10y
I'd stand by them having to deliver. I would also require them to set up auto payment with an online system.
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Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
10y
First, you should not accept checks for late rent. If the check bounces, you could be another 7 - 10 days behind before discovering the problem. My policy is that rent is due on the 1st. If they have not paid by close of business on the 4th, they get hit with a late fee and have to pay with a money order so I know the funds are guaranteed.
Second, the tenant is offering to pay rent but playing games. Is it more important that you "win" the argument or that you collect rent?
It's hard to say what you should do because I don't have all the background regarding what the tenant has done in the past. Based on what you've provided, I would go there to collect the rent and I would simultaneously hand the tenant a letter asking them to leave. Kindly point out that they don't appear to be happy in your rental and that it would be easier on all parties if they would give you 30 days notice and move on. If they return it in good condition, they can still get their deposit back without penalty for breaking the lease.
Don't get caught up in childish games because the tenant has the advantage by making your life difficult for a long period of time. Stay objective, offer to help them move on, and be nice. Being nice to a childish tenant hurts them more than if you played their game.
The DIY Landlord Book4.7248 Reviews
Website View Page
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Omer S.
OP
Reisterstown, MD · Member since 2014 · 24 posts · 1 vote
10y
This tenant has just been difficult every step of the way. They moved in August and have not paid their rent on time a single time so far. I am just waiting to file failure to pay rent again for this month because this time they will have no right of redemption on the 4th judgement. I have offered this tenant Cash for Keys and they still refused to move out.
They claim they are paying by certified check or money order when I come to pick up the rent.
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Nicole A.Pro Member
Rental Property Investor · Baltimore County Maryland and Tampa Florida · Member since 2013 · 2k+ posts · 2k+ votes
10y
File for the Warrant of Restitution anyway. Think of it as your insurance when they either don't show up, don't have the money, or are short on the money. And they should have to reimburse you the fee of filing those papers too assuming you also stated that in the lease.
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Nicole A.Pro Member
Rental Property Investor · Baltimore County Maryland and Tampa Florida · Member since 2013 · 2k+ posts · 2k+ votes
10y
I also agree that you having to go out of your way to pick it up--especially within a 1hr window--is ridiculous. You shouldn't even entertain adhering to their schedule. It's up to THEM to pay and there's plenty of ways to do it. They could Western Union it to you, Walmart-to-Walmart, go to your bank, etc.

I once had a tenant ask me if I would come to Dundalk to talk with him in person about his late rent. No. I kindly said no. We can just talk on the phone, but I'm not making a special drive to talk or to pick up money.
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Jacob Sampson
Investor · Topeka, KS · Member since 2015 · 1k+ posts · 1k+ votes
10y
Boot them. Where I live, if it is past the 3 days given in the 3 day pay or quit I can collect the rent and still evict because they didn't get it paid within the 3 days. These tenants sound like a hassle, either way.
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Jose R.
Miami, FL · Member since 2015 · 99 posts · 32 votes
10y
Stand your ground. Charge them a late fee. And if they don't deposit the rent and ask you to pick it up, charge them a fee for picking it up. Your time is valuable.
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Kathleen Leary
Princeton, KS · Member since 2014 · 357 posts · 169 votes
10y
If you don't stick to the terms of the lease agreement, why should they?
Boot 'em.
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Jeff B.
Buy & Hold Owner · Redlands, CA · Member since 2015 · 5k+ posts · 2k+ votes
10y
If you collect so much as one dime as rent, you kill your right to evict based upon non-payment. You have to eat the past due to continue the eviction.
1 Reply
Nicole A.Pro Member
Rental Property Investor · Baltimore County Maryland and Tampa Florida · Member since 2013 · 2k+ posts · 2k+ votes
10y
Yes, what @Jeff B. says is true in Baltimore City. But if it's Baltimore County, you can collect partial payment and still continue the eviction process.
1 Reply
Omer S.
OP
Reisterstown, MD · Member since 2014 · 24 posts · 1 vote
10y
No wonder this person had specific instructions as to needing a receipt for the money order.
What is the best way of evicting this person? Property is in maryland. If i file for eviction cant they still pay the sheriff/court when they show up to evict?
They just sent me another drawn out text about how they are too busy to go to the bank or the post office to get the money to me and my only option is to come pick it up from them in that one hour window. I reminded them that the lease says they are responsible for delivering the money and i quote "I am not really concerned what the lease says. My concern is you pick it up and thats the only option. Im not going back and forth with you about picking up the rent. I have too much to do Im extremely busy for me to go stop in the bank and make a deposit all of that is an inconvenience for me to go to the post office mail it to you"
I really just want to get rid of this person. They have caused so much headache its getting too much.
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Nicole A.Pro Member
Rental Property Investor · Baltimore County Maryland and Tampa Florida · Member since 2013 · 2k+ posts · 2k+ votes
10y
@Omer S. Don't even bother texting them back. They're full of it. Too busy to keep the roof over their head? That text to you was really rude. I repeat, don't bother talking to them anymore. Let the legal papers do the talking.

Yes, if they pay in full even up to the moment the constable shows up to evict, they can stay by law. But after that 4th rent judgement, you can file the no right of restitution on the warrant.

So just keep moving forward is what you do. File the warrant today. I've used myrentcourt.com to file these things for me if you don't want to do it yourself.
1 Reply
Omer S.
OP
Reisterstown, MD · Member since 2014 · 24 posts · 1 vote
10y
This is in baltimore county...
0 Reply
Nicole A.Pro Member
Rental Property Investor · Baltimore County Maryland and Tampa Florida · Member since 2013 · 2k+ posts · 2k+ votes
10y
Then, yes, Omer, the only difference is that you can accept partial payment and the eviction process will still continue.
Don't let them stress you out. They talk to you like you're a POS. They're the ones in jeopardy of losing their home. If they pay, fine... but they might not.

And once the 4th judgement happens from rent court, you file for your warrant with no right of restitution box checked. So even if they pay, they're out.
2 Reply
Nicole A.Pro Member
Rental Property Investor · Baltimore County Maryland and Tampa Florida · Member since 2013 · 2k+ posts · 2k+ votes
10y
And when you request the no right of redemption (sorry i typed restitution before), the paper will want to see the prior case numbers, so keep those past case numbers handy.
0 Reply
Michaela G.
Investor · Atlanta, GA · Member since 2013 · 3k+ posts · 3k+ votes
10y
He's bullying you. Don't let him. He'll keep pushing his boundaries
1 Reply
Max T.
Investor · Philadelphia, PA · Member since 2015 · 3k+ posts · 3k+ votes
10y
Don't respond to the text. If you want, call them and refer them to the instructions in the lease. Let them follow through (or not).
1 Reply
Account Closed
Investor · Baltimore, MD · Member since 2014 · 1k+ posts · 688 votes
10y
just an FYI:...being a landlord is about money. nothing else. swallow your pride, pick the up the money. between vacancy, cleanup, damage, re-renting.....evictions are costly and better avoided. when renewal time rolls around, kick them out. if you have an NRR in the county, use it when that rolls around, and kick them out.
2 Reply
Richard Fields
HVAC mechanic · Philadelphia, PA · Member since 2015 · 241 posts · 57 votes
10y
Evict their ignorant a___s
0 Reply
Omer S.
OP
Reisterstown, MD · Member since 2014 · 24 posts · 1 vote
10y
Not trying to be prideful here. I honestly just want them out of my house and looking for the best option for that to happen.
1 Reply
Chris K.Pro Member
Investor · Baltimore, MD · Member since 2012 · 1k+ posts · 655 votes
10y
Originally posted by @Nicole A.:

Yes, what @Jeff B. says is true in Baltimore City. But if it's Baltimore County, you can collect partial payment and still continue the eviction process.
Baltimore City lets you amend it the day of court. When you go up the judge asks everyone "is the amount still the same" and they will just change the amount on the spot if you got a partial payment.
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Omer S.
OP
Reisterstown, MD · Member since 2014 · 24 posts · 1 vote
10y
Tenant just sent a message saying they will send the rent (no late fee) if they have to mail or go to the bank to deposit. Cant tell if they are desperate or just wanting to make things difficult.
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Robert Melcher
Residential Real Estate Broker · San Antonio, TX · Member since 2016 · 506 posts · 311 votes
10y
If you do collect the rent (delivered or otherwise) and they have any outstanding previous late fees, apply the payment first to all other charges, if your lease includes that wording.
Then give notice and file for eviction for the shortage.
At least that is my methodology, as in Texas a property manager can only represent a landlord in court for eviction on unpaid rent and holdover.
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