Lansing, MI · Member since 2015 · 15 posts · 2 votes
I purchased a duplex 6 weeks ago in Lansing, MI. My tenant didn't pay July's rent. I won the judgement for back rent and if the tenant doesn't pay by Aug. 8th, I can file a writ. My question is, what happens if she pays the back rent and fees but still doesn't pay August? Do I need to go through this again?
Investor · Lansing, MI · Member since 2014 · 27 posts · 9 votes
10y
Hello Tiffany
Sadly I'm pretty sure you have to do it all over again. This is why I usually try to go to court right after the 1st of the month so I can add that to the total. You may want to double check this but this is my experience with Lansing courts. If you have a problem tenant already you may want to do the 30 day notice instead of the 7 day and just get rid of them if your month to month. Congrats on the new duplex by the way! Good luck!
Rental Property Investor · Tucson AZ / Nice FR / Washington DC · Member since 2016 · 1k+ posts · 1k+ votes
10y
In my experience we can collect the rent or monies owed, but give notice that we reserve the right that we have processed against them. We include it with our pay or quick/late notices. Here is the snipped. *this is not legal advice, just forum entertainment. Talk to your attorney*
YOU ARE HEREBY GIVEN NOTICE OF OUR INTENT TO ACCEPT ALL RENT PAYMENTS AND OTHER PAYMENTS FROM YOU UNDER A RESERVATION OF RIGHTS AND WITHOUT PREJUDICE TO ANY RIGHT THAT WE HAVE TO PROCEED AGAINST YOU IN COURT. PLEASE BE ADVISED THAT OUR ACCEPTANCE OF RENT PAYMENTS AND/OR OTHER PAYMENTS FROM YOU WILL NOT PREVENT US FROM TERMINATING THE LEASE AND/OR AND PROCEEDING AGAINST YOU IN COURT TO OBTAIN POSSESSION OF THE PREMISES AND/OR A MONEY JUDGMENT FOR ANY PAST DUE RENT, LATE CHARGES, COURT COSTS, ACTUAL DAMAGES FOR BREACH OF THE LEASE, SERVICE OF PROCESS FEES AND/OR ATTORNEYS' FEES AS PROVIDED BY LAW AND ASSOCIATED WITH YOUR VIOLATIONS OF THE LEASE AND/OR FOR VIOLATIONS OF YOUR OBLIGATIONS AS A TENANT OF THE PREMISES.
Investor · Lansing, MI · Member since 2014 · 27 posts · 9 votes
10y
Hello Tiffany
Sadly I'm pretty sure you have to do it all over again. This is why I usually try to go to court right after the 1st of the month so I can add that to the total. You may want to double check this but this is my experience with Lansing courts. If you have a problem tenant already you may want to do the 30 day notice instead of the 7 day and just get rid of them if your month to month. Congrats on the new duplex by the way! Good luck!
Rental Property Investor · Tucson AZ / Nice FR / Washington DC · Member since 2016 · 1k+ posts · 1k+ votes
10y
part 2; if your already have the judgement your can just perform the writ. Frankly if they pay or not, get them out. They are nothing but continued risk for your operation and you need to replace them with a performing tenant. Time you get to the judgement, if they have not paid, they are not going to pay. We have a policy around here, once we file the court paperwork, tenants are done.
Lansing, MI · Member since 2015 · 15 posts · 2 votes
10y
Thanks for your quick reply! I doubt if she pays before Aug. 8th. I'm preparing a late notice to drop in the mail after 5pm (she will officially be late for Aug.). I will include something like this in the late notice.
Investor · Holt, MI · Member since 2015 · 16 posts · 7 votes
10y
As someone who is closing on his first duplex in the Lansing area in a just a couple weeks this makes me nervous! I think I would be pretty discouraged if my first tenant in my first unit didn't pay rent the first month.
Any 20-20 hindsight advice from this experience? I will be renting out a property in the next 2-3 months (after we renovate the unit)
Lansing, MI · Member since 2015 · 15 posts · 2 votes
10y
I don't think there is anything I could have done differently. She came with the house so I didn't get to screen her as a tenant. I would say make sure you know the procedure for filing eviction so you don't waste any time if you run into problems. I was a little behind the ball. I could have served the 7day notice sooner but I waited until July 7th. Just remember, you don't owe them time, they owe you money when they are late.
I met a nice lady when I went to court. A fellow landlord in the Lansing area. She pointed me to the Rental Property Owners Association of Mid-Michigan - RPOAMM. They're next meeting is in September. I'm going to go check it out.
Rental Property Investor · Greater Lansing Area, MI · Member since 2014 · 196 posts · 55 votes
10y
@Tiffany N. my partner and I recently joined RPOAMM and found them to be helpful in answering our many questions and getting us started with our first rental (SFH, also in Lansing). If you are in need of a local attorney, Sam Dua is a great help.
If you do attend the next meeting please find me and say hello.
Lansing, MI · Member since 2015 · 15 posts · 2 votes
10y
Help! I'm filling out my Writ and question 2 says...
No payment has been made on the judgement or no rent has been received since the date of judgement, except the sum of _$$.$$ received under the following conditions:_____________
Investor · PA · Member since 2013 · 1k+ posts · 602 votes
10y
When you write any receipts for rent after the pay-or-quit notice you will want to write "with reservation" on the receipt and also include the language on the notice. After you have been collecting for a year without doing the writ then usually you have to do court paperwork again. If it's less than a year then you should be able to file the writ.
I wouldn't worry too much about it. Come prepared and ask for immediate possession so you can file it again or have what you have already filed processed.
There is absolutely nothing to be nervous about and you should not be discouraged if it happens. It is not uncommon for inherited tenants to be a problem and evictions are common.
In the case of screening and accepting a new tenant this would be a very rare occurrence. Your screening process insures you get quality tenants that do pay in full and on time. If not then it is your fault for accepting a bad tenant.
Investor · Holt, MI · Member since 2015 · 16 posts · 7 votes
10y
Ah, thats good to hear Greg. Thanks for the note. I didn't realize these were existing tenants. I will be starting fresh with my duplex and screening my own tenant. Hope that mitigates most of the issues I could face.
Lansing, MI · Member since 2015 · 15 posts · 2 votes
10y
I went down to the court to pick up what she filed rather than waiting for it in the mail. She is saying she paid part and expects social service to pay the other part. The part she did pay, she paid after the deadline. And, as of just now, there is no payment pending in my vendor account with social service.
I purchased a duplex 6 weeks ago in Lansing, MI. My tenant didn't pay July's rent. I won the judgement for back rent and if the tenant doesn't pay by Aug. 8th, I can file a writ. My question is, what happens if she pays the back rent and fees but still doesn't pay August? Do I need to go through this again?
Hello Tiffany. The short answer is "yes". We own 65 units in Lansing and 16 in Holt. I received a money judgment on a tenant that I was working to evict. She paid all the money owed in the form of a cashier's check and the very next month stopped paying again. We went through it all again and ended up physically evicting her. What a waste and I blame myself.
I purchased a duplex 6 weeks ago in Lansing, MI. My tenant didn't pay July's rent. I won the judgement for back rent and if the tenant doesn't pay by Aug. 8th, I can file a writ. My question is, what happens if she pays the back rent and fees but still doesn't pay August? Do I need to go through this again?
Hello Tiffany. The short answer is "yes". We own 65 units in Lansing and 16 in Holt. I received a money judgment on a tenant that I was working to evict. She paid all the money owed in the form of a cashier's check and the very next month stopped paying again. We went through it all again and ended up physically evicting her. What a waste and I blame myself.
Investor · Alabaster, AL · Member since 2016 · 280 posts · 88 votes
10y
I had to evict a tenant 3 years ago. .....in my state, once you file default on rent filing and notices.....the clock starts ticking. If they pay within the legal time. All is well. If not the next phase of the notices is served... at that point, if you as a landlord accept ANY partial payments, you have nullified all notices and you are back to square 0.....
Lansing, MI · Member since 2015 · 15 posts · 2 votes
10y
*Update* We appeared in front of the judge today for my tenants motion to dismiss and stop her eviction. I won. In summary, no matter what she paid, she didn't pay on time. The judge is resubmitting the writ to the process server so she can be served. It took 4 days for them to contact me before so I expect she will be out by then end of next week.
@Christine Mwai, I would have been extremely upset if I was told I had to start over because I accepted partial payment. Apparently, in Michigan you can accept partial payments and proceed with eviction. Thank goodness.
My only concern now is what condition she leaves the unit. She seemed pretty bitter.
I should have seen the writing on the wall with the first judgment and worked to get her out instead of working to help her stay.
I felt really crappy on the way to court and afterward. I've been giving my self pep talks all week. This is a business and we have a contract, she broke it and there are consequences. I still feel a bit crappy because she has a kid. But I have goals and I can't attain them with a tenant that doesn't pay rent.
Investor · Alabaster, AL · Member since 2016 · 280 posts · 88 votes
10y
I'm happy for you. Best wishes going forward. .I too got a judgement on that tenant about 4k...his job was served and the HR came back with some flimsy stuff that they needed more info to garnish. ....this post reminds me to follow up.