how far do you let your tenant get behind in rent?

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how far do you let your tenant get behind in rent?

Jimmy S.
Investor · lehigh valley, PA · Member since 2014 · 242 posts · 23 votes

How far do you let your tenants get behind in rent before filing a complaint with the courts and proceeding with eviction. Also do you have last months rent as well as security deposit or only security?

Also how much does it cost you in your county to file a complaint?  My county costs $160 if you do it yourself.

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JD MartinBusiness Member
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Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes
9y
Originally posted by @Steven J.:

@Jimmy S. you'd have to check your local and state guidelines. Where i'm at the move in fee cannot exceed one months rent and you cannot charge a move in fee and a last months rent at the same time. The only way it can exceed that one month amount is if you require a pet deposit (which also has its limits) when they bring in pets.

To file a complaint its only $50 I think but after all costs are done its about $700 I believe. I've only had to do one so far.

@JD Martin I could be wrong on this but according to fair housing it is illegal to demand first and deposit for one person and first and last and deposit for another if the credit isn't exactly perfect. Its my understanding that if they meet your minimum threshold then they get in with the same terms as any other tenant. Personally, I'd be happy to 'work' with the applicants to get them in but I don't want to run the risk of that fair housing issue. Granted, I'm not sure how they would police it but I'm just very cautious and risk averse.

 Technically, we require first/last/deposit from everyone. We just end up waiving or returning the last month for qualified applicants who sign the lease paperwork and prepare payment. Our lease technically requires all. We also do first qualified in, first qualified out (with numbered applications) so that no one could likely successfully claim discrimination. Have good standards and a good system and it will protect you in most situations. 

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  • JD MartinBusiness Member
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    Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes
    9y

    5 days, as prescribed by state law here. We usually do first + deposit, but will occasionally do first+last+deposit if the tenant has some credit missteps but otherwise qualifies. Technically, if you have them waive their right to notice, you could just file on day 1 past due, but the state gives them 5 days to pay without further penalty, so we would just wait for day 6 anyway. If they don't waive their rights to notice it can take a bit to get them out, but if they do waive their right to notice (and all of our leases have that clause), which they are allowed to do, they only get a couple of weeks to be gone. 

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  • Steven J.
    Urbana, IL · Member since 2012 · 1k+ posts · 425 votes
    9y

    @Jimmy S. you'd have to check your local and state guidelines. Where i'm at the move in fee cannot exceed one months rent and you cannot charge a move in fee and a last months rent at the same time. The only way it can exceed that one month amount is if you require a pet deposit (which also has its limits) when they bring in pets.

    To file a complaint its only $50 I think but after all costs are done its about $700 I believe. I've only had to do one so far.

    @JD Martin I could be wrong on this but according to fair housing it is illegal to demand first and deposit for one person and first and last and deposit for another if the credit isn't exactly perfect. Its my understanding that if they meet your minimum threshold then they get in with the same terms as any other tenant. Personally, I'd be happy to 'work' with the applicants to get them in but I don't want to run the risk of that fair housing issue. Granted, I'm not sure how they would police it but I'm just very cautious and risk averse.

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  • JD MartinBusiness Member
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    Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes
    9y
    Originally posted by @Steven J.:

    @Jimmy S. you'd have to check your local and state guidelines. Where i'm at the move in fee cannot exceed one months rent and you cannot charge a move in fee and a last months rent at the same time. The only way it can exceed that one month amount is if you require a pet deposit (which also has its limits) when they bring in pets.

    To file a complaint its only $50 I think but after all costs are done its about $700 I believe. I've only had to do one so far.

    @JD Martin I could be wrong on this but according to fair housing it is illegal to demand first and deposit for one person and first and last and deposit for another if the credit isn't exactly perfect. Its my understanding that if they meet your minimum threshold then they get in with the same terms as any other tenant. Personally, I'd be happy to 'work' with the applicants to get them in but I don't want to run the risk of that fair housing issue. Granted, I'm not sure how they would police it but I'm just very cautious and risk averse.

     Technically, we require first/last/deposit from everyone. We just end up waiving or returning the last month for qualified applicants who sign the lease paperwork and prepare payment. Our lease technically requires all. We also do first qualified in, first qualified out (with numbered applications) so that no one could likely successfully claim discrimination. Have good standards and a good system and it will protect you in most situations. 

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  • Levi T.Pro Member
    Rental Property Investor · Tucson AZ / Nice FR / Washington DC · Member since 2016 · 1k+ posts · 1k+ votes
    9y

    Virginia has no delay, other than the time between certified notice and court filing, which is 5 days. We give them 5 days as paychecks don't always line up with the 1st of the month, on the 5th they get an electronic notice to pay or quick with late fees, and on the 10th we send them certified copy of that notice, by the 15th we are filing court documents. We are normally in court by the 5th of the following month and taking possession within 10 days per the law. We use a two strike system, if they pay before the court hearing, it is dismissed the first time, the 2nd time we will get a the Writ for the UD, so we don't have to do the court thing for a 3rd time, just auto evict whenever we want after that.

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  • John Thedford
    Real Estate Broker · Naples, FL · Member since 2013 · 9k+ posts · 6k+ votes
    9y

    Follow your state laws. I get 1st and security but I load up on security deposits. The longer you let a tenant get behind the lower your chances of collecting. 

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  • Yvette M.
    Reno, NV · Member since 2016 · 328 posts · 97 votes
    9y

    Zero. Rent is due on 1st.  On the 2nd tenant gets a 3-day pay or quit.  4th day I file UD.  Ive already been to that rodeo

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  • Russell BrazilBusiness Member
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    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    9y

    About a week later from whatever the late date is as prescribed by county law for the property in question. One county I own in, rent isn't late till the 10th of the month, so that one I let go to about the 17th.

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  • Rosston Smith
    Investor · Warner Robins, GA · Member since 2015 · 1k+ posts · 490 votes
    9y

    Rent is due 5th, 7th Pay or Evict is issued, 10th Eviction is filed.

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  • Matthew Paul
    Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    9y

    I already have the papers filled out for each tenant , the only thing I need to add is the date and amount owed .  On the 6 th day I file . I explain this to the tenant when I sign the lease . I tell them plain and simple , I dont care about excuses , I am an equal opportunity evictor .

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  • John S.
    Idaho Falls, ID · Member since 2016 · 11 posts · 13 votes
    9y

    For me it depends. If they let me know they will be late before the 1st, I will try to work with them. If they don't send any notice, I put out a text to them on the 5th to remind them that late fees are being charged. If still no word from them, I will post their 3 day notice on the 6th or 7th. I typically will file around the 10th.  Up here it takes 3 weeks to get them served and in court. 

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  • Thomas S.
    Member since 2016 · 13k+ posts · 12k+ votes
    9y

    Our regulations are extremely pro tenant so we react immediately when rent is not received in full on the 1st. We give notice on the 2nd, without exception, and the tenant has 14 days to pay. If the tenant has not paid in full by the 14th day we file the eviction the next day. We do not use a lawyer. Our filing fee is $160 which the tenant reimburses to the landlord along with rent owed. Tenants can draw the process out with numerous delays and it is not uncommon for a tenant to live rent free for 3-6 months before the sheriff can do a physical eviction. Odds are if it goes to eviction the tenant has no intention to pay and as a policy we automatically have the landlord tenant board order processed as a Small Claims Court application. 

    We are not allowed to collect any damage deposits, only first and last.

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  • Deanna McCormick
    Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
    9y

    Rent Due 1st

    Late notice the 2nd

    Late notice the 3rd saying pay or quit will be give on the 4th.

    Pay or quit notice the 4th

    File by the 6th or 7th. if no payment arrangement has been made.

    Usually this get us a court date of the 20th to the 24th. We are able to personally do court without attorney. 

    Filing fees are about $350.00 Sheriff to serve is $50.00 plus mileage.

    Sheriff to post 24 hour notice to vacate once court order is entered is $50.00 plus mileage.

    Security deposit 1 month's rent. 

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