Tenant is late on rent and avoiding contact

Tenant is late on rent and avoiding contact

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
191 views

Most Popular Reply

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.

See this reply in the discussion

59 Replies

Jump to latestLatest
  • Investor · Post Falls, ID · Member since 2016 · 606 posts · 699 votes
    9y

    You mentioned that you were in a multiplex  -- you have to assume that the tenants all know and talk to one another.  This translates into "what you do for one, you do for another".   So, if you are firm now, it will translate into easier management down the road.  We have a 6 plex, and had to be very firm about enforcing on time rent payments.  Once we gave a 30 day notice to a chronic late payer, the whole building  improved in terms of on-time payments. 

  • Attorney · Clinton, MD · Member since 2016 · 70 posts · 55 votes
    9y

    - Contact an eviction lawyer for legal help.

    - If you don't want to pay for legal help, see if your city has a legal self-help resource center.

  • Investor · Laurel, MD · Member since 2016 · 395 posts · 191 votes
    9y

    @Thomas S. Learn to accept diversity of opinion. The tenant paid so have  a  coke and a smile.

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

    I accept diversity, bad advice is not acceptable.

  • Investor · Laurel, MD · Member since 2016 · 395 posts · 191 votes
    9y

    Then stop giving it. The tenant paid.

  • Mike CumbieBusiness Member
    REALTOR® · Brockport, NY · Member since 2015 · 3k+ posts · 4k+ votes
    9y

    @Ihe O. Next month he can chase the rent again and deal with a whole new excuse... and the month after and the month after. Sending a notice also sets a precedent, just like getting on the phone and asking, begging, calling their friends to "See if they are OK because they didn't pay rent". That same precedent is used in court cases. When the tenant is standing in front of the judge and says "I have always just paid before the 20th I don't understand why they are trying to evict me now". You have set  pattern of acceptable behavior. The other sweet thing about your "Devil may care" policy on paying rent is that every other tenant is allowed to follow it too. If not, is it because they are Asian that they have to pay on time? The veteran is not allowed to skip paying for weeks? The couple upstairs that is man and woman can be late but not the same sex couple in building 2.

    That is why businesses have policies, so every tenant is treated identical because if not you open up yourself to all sorts of issues. If I may ask is there a point where you do decide to post a notice 5 days, 6, 10, 15, 30, 45, 60, 90?

  • Investor · Laurel, MD · Member since 2016 · 395 posts · 191 votes
    9y

    @Mike Cumbie  

    You  cannot predict tenant behaviour in the way you are claiming.

    In 2014 we filed eviction against 2 tenants. One of them witheld the 4th months rent and filed a rent escrow case.  We were convinced she wouldn't pay -  she did and is still with us.  

    The other we thought would pay. She didn't and got evicted.

    I have other tenants that regularly pay late but they live across the road from the one that got evicted so they know there is a line.  Late or not they pay every month. All my tenants do. 

    Your way is not the only way. Don't make derogatory remarks about how others do business.

    PS The only notice I have ever posted is the one from the court with the eviction date.

  • Mike CumbieBusiness Member
    REALTOR® · Brockport, NY · Member since 2015 · 3k+ posts · 4k+ votes
    9y

    If you are calling "Devil may care" a derogatory remark what would you call a "precursor to some inflexible dogma"? or is it just others that are not allowed to have an opinion?

    As far as you only posting a court notice, I guess in Maryland you are not required to put a pay or quit notice and can just step right to the courts. It doesn't work that way here we have legal actions we have to perform before we can file with the court. They are very specific steps that have to be performed in specific time frames. These are determined by previous cases and have been established to meet the requirements of a court of law. 

  • Investor · Laurel, MD · Member since 2016 · 395 posts · 191 votes
    9y

    Yes I am referring to the devil may care comment because it implies recklessness and irresponsibility and I don't think my remark falls into the same category. 

    There are specific steps you have to take in MD too. You have to file failure to pay rent with the court and then get a warrant of restitution. Even then it could go wrong, on the day of my eviction the Sherrif arrived then  refused to carry it out because we didn't present the right form of proof of postage. Fortunately the tenant had somewhere to go and had already vacated otherwise it would have been a 3 month wait for nothing.

Join the conversationCreate a free account to reply, vote on answers and follow this thread.