Problem Tenant Rent Collection

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Problem Tenant Rent Collection

Omer S.
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
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.

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  • Jeff K.
    Baltimore, MD · Member since 2012 · 71 posts · 18 votes
    10y

    I would insist they deposit it. Otherwise it could be 2 weeks and they will say "oh we mailed that already...." blah blah

    0Reply
  • Nicole A.Pro Member
    Rental Property Investor · Baltimore County Maryland and Tampa Florida · Member since 2013 · 2k+ posts · 2k+ votes
    10y

    @Chris K. Yeah, you could probably accept partial payment prior to the Failure to Pay Rent court date, but once you file for the Warrant of Restitution, you should not accept partial payments for properties within Baltimore City.

    @Omer S. What's the update? Have you filed your court papers?

    0Reply
  • Account Closed
    Professional Auctioneer · Baltimore, MD · Member since 2015 · 1k+ posts · 1k+ votes
    10y
    • If they want to stop the eviction, they need to bring you cash or deposit cash into your account.  There is a chance that if you pick up the rent, you could get robbed.
    • Keep the pressure on.
    • Even though you are getting a date for the eviction, file another notice when rent is due again.
    • You can give them a 30 or 60 day notice to "quit" if you want
    • The next rent notice you file, you should have personal service, with this you can file for a judgment.
    • I view tenants as customers, I treat them like that until they give me a reason to do otherwise.
    • My wife manages our rental portfolio, commercial and houses, I must admit that she is more patient, kind, understanding and lot better at tenant management than me.
    • Try not to take your tenant's comments or actions personally, this is a business.
    • Sometimes it is better to work with your tenants, show some empathy.
    • Tenants don't want to move or be evicted, there are always reasons why they can't pay........my bride works with them as much as she can
    • A vacancy is expensive
    0Reply
  • Robert Melcher
    Residential Real Estate Broker · San Antonio, TX · Member since 2016 · 506 posts · 311 votes
    10y

    I would rather have a vacant property than an occupied one with a non-paying resident.

    I can market the vacant one.

    The other is a liability.

    1Reply
  • Maricela Chavez
    Real Estate Agent · Tucker, GA · Member since 2016 · 90 posts · 144 votes
    10y
    I would not do this. If you have a problem tenant, just cut your losses and move on. I know that hard to think about especially if you have to pay the mortgage on your own but believe me, in the long run you will be glad you did. I had a tenant that was awful! They bounced the deposit check! They brought me cash pretty quickly but in hindsight this was a clear indication of what I would be dealing with. I ended up having to evict them. I won a judgement in court for all the rents. After I evicted them I had to spend thousands in getting house back to a rentable condition. When I tried to go after their money they declared bankruptcy! Run!
    1Reply
  • Omer S.
    OP
    Reisterstown, MD · Member since 2014 · 24 posts · 1 vote
    10y

    They ended up depositing the rent into my account but said they would only do it if i took $50 off the late fee which I agreed to.  

    Today they are late on the february rent.  I made the mistake of making the rent due by the 10th of the month.  I filed the failure to pay rent last week with the myrentcourt service.  This would be the 4th judgement so I as I understand they dont have the option to pay to stay anymore?

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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

    Hi Omer! Glad to see you're moving forward! Yes, change your lease template for future tenants to say that rent is late if not received by the 5th (at the latest, I prefer the 3rd).

    And yes, once you get this 4th judgement, you can request "no right of redemption" on the warrant of restitution that you'll file 5 business days after the rent court date. If you have myrentcourt.com file this for you, I recommend you call them to ensure they request the "no right of redemption". And if they have not handled all past 4 judgements for you, you will need to provide them with the case numbers.

    Also, since you're in the County (rather than City), don't let myrentcourt.com tell you you need to purchase extra services such as "stand in" or "eviction notification". In the County, you are not required to officially notify the the tenant of their eviction date (although you probably should). And unless you plan to have the company handle the eviction day for you, tell them that you'll handle the actual eviction. Just have your new locks with you ready to go that day. You'd just meet the constable there and bring a few guys to help you empty out the place. Easy.

    0Reply
  • Bhekizwe M.
    Bulawayo, Zimbabwe · Member since 2015 · 1k+ posts · 253 votes
    10y

    your time is valuable.if u agreed in writing to ways of payment, stick to them

    0Reply
  • Robert Nason
    Lowell, MA · Member since 2014 · 260 posts · 99 votes
    10y
    No, don't let them dictate terms to you. Stick by your guns he trent is their responsibility to get it to you in a timely fashion. It's better to lose a couple months rent to get rid of the slugs.
    0Reply
  • Omer S.
    OP
    Reisterstown, MD · Member since 2014 · 24 posts · 1 vote
    10y

    Looking for advice from other landlords in Baltimore County.  So the tenant hasn't paid the February rent now.  They had a failure to pay rent hearing on friday but they got the trial date changed claiming they cant make it.    Whats my best option to get them out.  What prevents them from constantly postponing the hearing?   Is cash for keys my best option?  I have a feeling they will try to ask for a lot of money if i offer cash for keys.

    0Reply
  • Michaela G.
    Investor · Atlanta, GA · Member since 2013 · 3k+ posts · 3k+ votes
    10y

    I thought you wrote that they deposited the rent into your account?

    0Reply
  • Omer S.
    OP
    Reisterstown, MD · Member since 2014 · 24 posts · 1 vote
    10y

    Sadly that was for January rent.   They still haven't paid February.  Now they have no incentive to pay since on the court order I wrote no right to redemption.  This is the 4th failure to pay hearing in the 5 months they have been there.

    0Reply
  • Michaela G.
    Investor · Atlanta, GA · Member since 2013 · 3k+ posts · 3k+ votes
    10y

    I'm surprised they could just delay the hearing. In Atlanta you'll have to show up the date given or your landlord gets a writ of possession .

    0Reply
  • Therese V.
    Investor · Midwest · Member since 2013 · 253 posts · 34 votes
    10y

    go file for nonpayment eviction and then if they give you a one hour window go pick it up.  If they mail it,  cash it.  If it's true where you live you can take any payments after filling then just go file already. 

    0Reply
  • Michaela G.
    Investor · Atlanta, GA · Member since 2013 · 3k+ posts · 3k+ votes
    10y
    Originally posted by @Therese V.:

    go file for nonpayment eviction and then if they give you a one hour window go pick it up.  If they mail it,  cash it.  If it's true where you live you can take any payments after filling then just go file already. 

     I read his post to mean that he did file for eviction and they postponed the eviction trial hearing - which sounds strange to me

    0Reply
  • Michaela G.
    Investor · Atlanta, GA · Member since 2013 · 3k+ posts · 3k+ votes
    10y
    Originally posted by @Omer S.:

      They had a failure to pay rent hearing on friday but they got the trial date changed claiming they cant make it.  

    Thinking about it, how did you find out that they changed the hearing date? Did they tell you that? If so, could they have told you, so that you don't show and the case getting thrown out of court? 

    I certainly don't know Maryland rules, but I can't imagine someone just being able to postpone an eviction hearing.

    0Reply
  • James Gaither
    Vendor · Pasadena, MD · Member since 2016 · 43 posts · 24 votes
    10y
    Judges in many Maryland counties will frequently will give tenants opportunity after opportunity. I would recommend you contact an L/T attorney to ensure that the problem is taken care of-once an attorney is involved, judges are less inclined to allow continuances and stays of the eviction. Maryland has specific landlord tenant laws that do not apply and/or are different in other states. Feel free to contact me directly should you have any questions. I would be happy to help.
    0Reply
  • Tom T.
    Investor · Cumming, GA · Member since 2015 · 79 posts · 72 votes
    10y

    I am going to suggest you get a property management company to deal with your tenants.

    Yes, it is about money and yes. We landlords have to swallow some pride some times. Loose the battle to win the war and all that fun stuff but we also need to be somewhat in control. If you hire a property management company you will no longer have this problem.   It sounds as if you are agonizing here. If that is the case. Go get the money this time. Hire a management company. Tell the tenant all exchanges are to go to them from this point forward.   Then, you can go on about your life without this stress. At the end of the day I bet your tenants get evicted and your place gets trashed. (sorry to say but I have been there, done that and have a couple of T shirts sadly)  Good Luck!

     

    0Reply
  • Omer S.
    OP
    Reisterstown, MD · Member since 2014 · 24 posts · 1 vote
    10y

    That's why I am thinking doing a cash for keys deal might be my best option.  I might be able to get them out without my place being damaged.  But seems like this person knows exactly how to use this to leverage a higher amount of cash.  

    0Reply
  • Omer S.
    OP
    Reisterstown, MD · Member since 2014 · 24 posts · 1 vote
    10y

    @James Gaither Do you have any recommendations for attorneys ?

    Thanks

    0Reply
  • Ned CareyPro Member
    Moderator
    Investor · Baltimore, MD · Member since 2008 · 17k+ posts · 13k+ votes
    10y

    I would recommend cash for keys but be tough in the negotiating. They can ask for anything but you don't have to give it to them. If they want more than you are willing to pay you are no worse of than if you didn't ask at all.

    I don't think a property management company is any assurance that you would not have this problem.

    I recommend attorney Jeffrey Tapper for landlord tenant issues. He is in the Owings Mills area.

    0Reply
  • Omer S.
    OP
    Reisterstown, MD · Member since 2014 · 24 posts · 1 vote
    10y

    Guys, I am back with issues with the same tenant again.  An outlet in the house burnt out ( I am thinking it is due to them)  but they had to shut the breaker off which shut the power off to some bedrooms in the house.

    I scheduled a electrician to come out the following day but the tenant texted me saying they cant be there to meet him.  So we rescheduled for the following day again.

    The problem has been corrected but now the tenant wants "compensation" for the power being out saying they were not able to use the internet and it affected their business.   I offered a $50 courtesy adjustment  saying I think the repairs were done in a timely manner.   

    Do I even need to offer any sort of compensation?  

    0Reply
  • Michaela G.
    Investor · Atlanta, GA · Member since 2013 · 3k+ posts · 3k+ votes
    10y

    I bet they used one of those little space heaters, which are known for catching fire and overloading a circuit and breaker and burn out outlets.

    0Reply
  • David Hines
    Property Manager · Allen, TX · Member since 2015 · 190 posts · 160 votes
    10y
    NO! Be fair but firm with your tenants. Making an exception for one will only lead to exceptions for all and your loss of control over your business.
    0Reply
  • Omer S.
    OP
    Reisterstown, MD · Member since 2014 · 24 posts · 1 vote
    10y

    The electrician I sent over said they did have space heaters they were using.  They keep dodging me coming to do a inspection of the property which makes me think they are hiding things.

    They just texted me saying I need to pay him  $800 for when the electric was out! For a total of Claiming that is how much business he lost out on with the power/internet being out.  

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