Tenant is late on rent and avoiding contact

General Landlording & Rental Properties
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Tenant is late on rent and avoiding contact

John Guinta
Investor · Chicago, IL · Member since 2016 · 28 posts · 26 votes

Good morning from Chicago,

I am an owner/occupant of a Tri-plex.

I'm a 26 year old kid and this is my first property and first year as a landlord. So far so good and a really positive experience up until my first hiccup this week.

My two tenants have always been very good about paying rent and keeping me informed if they will be away for extended periods.

One of my tenants is late for the first time and is being non communicative as to her issue. I haven't seen her or her vehicle in at least a week and her daughter is there some days all by herself or gone all day and only comes back for a short time at night.

Last night I posted a note on the door stating that they are past due with the total amount due plus the late fee and to pay in full today.

The paper was off the door this morning.

I've made several phone calls all going straight to her voicemail.

Realizing that I've already waited too long to enforce this, if it's not paid today I was going to post a 3 day notice to pay in full or vacate.

How do I proceed with that process legally outside of simply notifying them with ink and paper? 

Living in the building affords some good opportunities but can also complicate some systems, I feel.

I've already contacted my realtor with the situation and desire to start showing the apartment ASAP.

- - - - -

From this scenario what should I ACTUALLY be doing?

Should I text the tenant and do an inspection of the unit?

Should I confront the daughter when she is there?

Of course I am trying to do this right and as professional as I am able.

- - - - -

I am looking forward to the advice and information!

Thank you!

(This is my debut BP post) 

2Reply
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Nicole A.Pro Member
Rental Property Investor · Baltimore County Maryland and Tampa Florida · Member since 2013 · 2k+ posts · 2k+ votes
9y

Nope, no need to continually contact them to see what is going on. They got your posted letter. Continue to follow the law regarding process of eviction until you either get full payment or have to evict.

The paperwork does all the talking for you! And if they aren't responding, then they clearly don't want to talk to you. Just continue to go about your day. They might talk to you soon. Might not. Either way, be cordial if you see them pass by or approach you.

11Reply
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  • Thomas S.
    Member since 2016 · 13k+ posts · 12k+ votes
    9y

    "Of course I am trying to do this right and as professional as I am able."

    Professional landlords make the effort to sit down and learn their state landlord tenant codes. You should have studied your state laws before you started your business a year ago. Do it now before you take any other advice from landlords on here that may have no idea of what your state codes are. 

    Learn the law or you will never come close to being professional

    2Reply
  • John Guinta
    OP
    Investor · Chicago, IL · Member since 2016 · 28 posts · 26 votes
    9y

    I've studied the codes and spoken with my attorney. My question was more geared to dealing with the tenants on a person to person level.

    5Reply
  • John Guinta
    OP
    Investor · Chicago, IL · Member since 2016 · 28 posts · 26 votes
    9y

    however,

    Noted. There is definitely a lot to learn and study. This being my first rodeo I want to make sure I am going through the proper avenues.

    Also, conversation is a fantastic teaching method.

    3Reply
  • Tobey Porter
    Investor · Huntingtown, MD · Member since 2016 · 97 posts · 41 votes
    9y

    If the daughter is an adult, I would talk to her.  Maybe mom had something happen.  I had a tenant once who was in the hospital 3 weeks before my property manager found out.  It may be something innocent like that.

    The other side of me would argue mom is dodging you.  Maybe the daughter can tell you when she will be home and you can be there waiting on her.  If you have any idea where she works, you could check there for her car. 

    If you ever do track her down, I would keep the conversation pleasant at first.  If she admits she's dodging you cause she doesn't have the money, I'd start the legal process. 

    2Reply
  • Nicole A.Pro Member
    Rental Property Investor · Baltimore County Maryland and Tampa Florida · Member since 2013 · 2k+ posts · 2k+ votes
    9y

    Nope, no need to continually contact them to see what is going on. They got your posted letter. Continue to follow the law regarding process of eviction until you either get full payment or have to evict.

    The paperwork does all the talking for you! And if they aren't responding, then they clearly don't want to talk to you. Just continue to go about your day. They might talk to you soon. Might not. Either way, be cordial if you see them pass by or approach you.

    11Reply
  • John Guinta
    OP
    Investor · Chicago, IL · Member since 2016 · 28 posts · 26 votes
    9y

    Tobey, more or less my exact thoughts..trying to play devils advocate and I thought maybe something could be going on with the mom which would explain a lot..but now that they have that letter about the rent being past due I don't see any reason for the lack of communication 

    Definitely an interesting event and some strange bahavior going on.

    0Reply
  • Matthew Olszak
    Real Estate Broker · Chicago, IL · Member since 2015 · 1k+ posts · 2k+ votes
    9y

    @John Guinta First make sure there is nothing in your lease that extends your obligations beyond what the law says. Take a read through the Illinois Forcible Entry and Detainer Act. You need to give them a 5-day notice, and it has to be written EXACTLY as required in the statue - various landlord attorney sites online (from Illinois) have examples.

    You've tried being patient and nice, but now you've got to protect your own interests. I absolutely despise being ignored when I'm owed money and make that clear to the tenants that all they need to do is call me and we can discuss how to resolve their money troubles.

    1Reply
  • Thomas S.
    Member since 2016 · 13k+ posts · 12k+ votes
    9y

    "dealing with the tenants on a person to person level."

    You do not deal with tenants at this point on a person to person level. You post the state required pay or quite notice as the state requires. You should have done that the day they were late with the rent then waited for them to contact you, assuming you truly want to be as professional as possible. After protecting your investment by posting official notice you can deal with them person to person while the eviction is proceeding. Hobby landlords dig themselves into a very deep financial hole very quickly by not following proper procedure.

    You are operating a business, not a day care. Late rent requires a landlord to send the appropriate state forms. Every day you waste is going to cost you money in an eviction.

    1Reply
  • Nicole A.Pro Member
    Rental Property Investor · Baltimore County Maryland and Tampa Florida · Member since 2013 · 2k+ posts · 2k+ votes
    9y

    @Matthew Olszak So, what happens when a tenant calls you to discuss their money troubles, yet still no action is made? It's nice and all to sound understanding, but what does telling you they have money issues do to help the problem?

    I can't count how many times tenants tell me about their money troubles or they promise they'll make a payment by Friday that of course never comes. 

    Some do truly have money issues and need to move. 

    But it sure is interesting how many tenants with money issues suddenly have the money to pay late rent, court costs, AND late fees when presented with official court papers spelling eviction!

    I've found it's just a waste of time listening to their stories and promises. Unless it's the first time they're late, I don't reach out to them and play a game of chase trying to get a response. I simply file for the first step of eviction. They get the papers. They'll either pay or they won't.

    7Reply
  • Francesco G.
    Rental Property Investor · Scotch Plains, NJ · Member since 2016 · 98 posts · 54 votes
    9y

    What state are you in?  Does your city have any specific regulations as to the procedures for dealing with delinquent tenant?  Check these first and follow the rules of your state and/or city.  

    0Reply
  • Francesco G.
    Rental Property Investor · Scotch Plains, NJ · Member since 2016 · 98 posts · 54 votes
    9y

    On a person to person level i would just try working out a better way to end the tenancy.  Let them know they can leave if they vacate prior to the court date provided they clear out the unit. It won't count against their credit and you won't follow through on the eviction.  You will forward the security deposit to new address within 30 days as long as there is no damage or additional costs incurred by you.

    This allows you both to move on and for you to get it rented out faster without losing 2+ months of rental income.  

    If they won't go peacefully or timely, go through with the eviction proceedings.

    0Reply
  • John Guinta
    OP
    Investor · Chicago, IL · Member since 2016 · 28 posts · 26 votes
    9y

    @Nicole A., I like your style! 

    These are all tenants that make money and work for a living.

    @Matthew Olszak I've posted notices straight from the chicago realtor association.

    @Thomas S. In retrospect I realize this is a newbie problem but seems to be a revolving issue with many people. Came here to get SOUND advice from professionals, not "hobby" landlords, as was coined.

    I apologize if my curiosity was misconstrued as ignorance.

    I'm fully aware I'm new T this with very little skin in the game.

    2Reply
  • Matthew Olszak
    Real Estate Broker · Chicago, IL · Member since 2015 · 1k+ posts · 2k+ votes
    9y

    @Nicole A. Most of the time I get told by a tenant that they'll pay me in x # of days for some reason. Then I explain Ok, well you know I've got to issue a 5 day notice, so just make sure I do in fact get that rent in 3 days like you promised. Its an opportunity to push them more to get their rent in on time. The reason and timeline they provide doesn't really matter as far as logistics are concerned, I'm still going to move forward with what I need to do. But it gives me some insight if this a likely a one-time issue or if they can't afford the rent and I need to get into damage control mode and convince them to spend the next month looking for somewhere else to live.

    I'm not going out of my way to have that conversation with them. If they snub me, I'll assume the worst and press on forward.

    7Reply
  • John Guinta
    OP
    Investor · Chicago, IL · Member since 2016 · 28 posts · 26 votes
    9y

    I'm assuming they are trying to get out of their lease or the mom has found a new boyfriend to move in with..something along those lines. Which I am totally ok with and if they want out that's fine.

    That being said, if she's willing to vacate in 5 days. Leave the place in order. And be a cordial human being...fine! We both go out separate ways and I find a new tenant.

    It's Just very odd to me because up until now there has been very good lines of communication.

    2Reply
  • Nicole A.Pro Member
    Rental Property Investor · Baltimore County Maryland and Tampa Florida · Member since 2013 · 2k+ posts · 2k+ votes
    9y

    It's odd to you because you're fairly new to landlording. ;-)

    Sometimes you can have a seemingly wonderful relationship with a tenant. This is where some end up making the mistake of blurring the line of business and friendship. Then when something that's not fun comes up such as late rent, tenant needing to reimburse you for damages, etc, they suddenly are either distant or hostile. Fairly standard behavior!

    1Reply
  • Matthew Olszak
    Real Estate Broker · Chicago, IL · Member since 2015 · 1k+ posts · 2k+ votes
    9y

    @John Guinta Late spring/early summer is an easy easy time to get places rented - nobody likes to move in the snow! So I agree with you, if they want to move, I'd let them do so, your vacancy time will be minimal. A lot of people don't know how to handle big issues like this and just try to disappear, like if they ignore the problem then it doesn't exist, so that might be why you've been cut off.

    Since you live in the building, try to catch the daughter next time she's around and ask her what the plan is and explain if they need to break the lease you'd be willing to work something out because you've got other tenants interested but they'd need to vacate asap. However still stay on the path of eviction in case it doesn't work out.

    1Reply
  • John Guinta
    OP
    Investor · Chicago, IL · Member since 2016 · 28 posts · 26 votes
    9y

    YEP! Have already spoken with my realtor of the situation to get the place listed and shown since it definitely doesn't seem like these people will be staying.

    And this will be a test of all the renovations I have done to the yard and interior this spring. Definitely not the same building anymore!

    So it actually had a sense of excitement with the bitterness lol!

    1Reply
  • John Guinta
    OP
    Investor · Chicago, IL · Member since 2016 · 28 posts · 26 votes
    9y

    @Nicole A. it's actually somehow comforting to know it's standard behavior. Means it has a standard solution hahaha!

    3Reply
  • Thomas S.
    Member since 2016 · 13k+ posts · 12k+ votes
    9y

    @Nicole A.

    "I've found it's just a waste of time listening to their stories and promises. Unless it's the first time they're late, I don't reach out to them and play a game of chase trying to get a response. I simply file for the first step of eviction. They get the papers. They'll either pay or they won't."

    That is the professional way to operate this business. No muss, no fuss strictly business. As Nicole states "they pay or they don't", you know immediately and already positioned yourself to react to either scenario. 

    4Reply
  • John Guinta
    OP
    Investor · Chicago, IL · Member since 2016 · 28 posts · 26 votes
    9y

    @Nicole A. @Thomas S.

    So she JUST called me as I am printing her 5 day notice..

    She gave me the story..long and short of it is her bank account was frozen due to a lien..

    I told her to back myself up I sill have to deliver her a 5 day notice to pay or vacate.

    But she assured me she would have the total sum plus late fee (which I did not ask for) via cashiers check on Friday..OR I accept a partial 645 dollar payment in cash which I declined.

    i explained to her the communicating to me what was going on is the better thing to do and I figured something was going on because this is VERY not like her. 

    Thoughts?

    2Reply
  • Linda S.
    Investor · Richmond, VA · Member since 2016 · 1k+ posts · 2k+ votes
    9y

    @John Guinta,

    One thing I have learned, is that after the honeymoon phase of signing a lease, some tenants go straight into the toddler testing phase.   It's your job to uphold the lease, and show them you are serious and this isn't a friendship.    You did the right thing about saying it's the standard procedure.   It's amazing what a very serious legal reminder can do to turn an avg. tenant into a great one!  Always follow you lease, and and make sure you follow the rules  (charge late fees if needed)  in the same way you expect your tenant to  (pay on time).  

    3Reply
  • Syed Lateef
    Professional · Chicago, IL · Member since 2012 · 197 posts · 131 votes
    9y

    I think you handled it right. I would still take the steps of the 5 day late notice to cover you, hopefully she gets you the rent by friday.

    Be ready to hear constant excuses. Do your best to stay pleasant and get her out of there when possible and rent it to someone else

    I would assume the eviction process is tedious and has an expense. In my opinion i would try to settle this outside of that. 

    1Reply
  • Michael Noto
    Real Estate Agent · Southington, CT · Member since 2008 · 5k+ posts · 3k+ votes
    9y

    @John Guinta In my experience dealing with tenants who cut off communication when they know their rent is late, they are not the kind of people that will appreciate you trying to be professional. They will just have a laundry list of excuses and if they promise to pay by a certain date they probably never will and if they do the problems will just start again in a month or two. 

    During the eviction process just continue to be a normal landlord and respond to maintenance requests, etc. By not communicating with you they have forced you to take legal action so now let that play its course. 

    1Reply
  • John Guinta
    OP
    Investor · Chicago, IL · Member since 2016 · 28 posts · 26 votes
    9y

     @Michael Noto

    Are you suggesting that I still evict her?

    If she does pay me in full within the time set forth on the notice and I refuse to accept it..I don't see how I can evict her..

    If she pays in full and I accept it, that automatically nulls the notice to vacate.

    Or are you just saying I'm gonna have more problems with her...she's an inherited tenant so you could very well right.

    Although outside of this I will say she had

    Been the definition of a model tenant.

    1Reply
  • Thomas S.
    Member since 2016 · 13k+ posts · 12k+ votes
    9y

    You absolutely need to get rid of this tenant if after beginning the eviction process you find out she was in fact dodging you.

    Tenants either straighten up immediately once receiving a eviction notice or they never do. Your decision regarding keeping her or evicting will depend entirely on her immediate response to the notice. If she responds negatively to the notice you evict. If she has a plausible reason and immediately pays in full you do not evict till it happens a second time.

    No tenant should ever be allowed to pay late three times.

    0Reply
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