Kicking a tenant out without evicting, can it be done?

3 Replies

Hey guys. I would love everyones perspective. I'm kicking out my first tenant! Long story short, he called me last one telling me he needed to split the rent, so I did! I sent him a waiver for the late fees and mentioned next time late fees would apply if he is late in payments.

That day is today. I sent him the following message and I'm curious, do you like my strategy? Would you do something different? Am I missing something? I changed the tenants name to BLAHBLAHBLAH for kicks and giggles.

Hey BLAHBLAHBLAH,

The wording in the notice is harsh (attached), that's how these legal documents are.

Basically it says I haven't received rent and the fixed utilities from you totaling $435.00. The Cozy payment failed and I sent you a Venmo request for the full amount due as well as a text letting you know about the Venmo request. The Venmo request was left unanswered as well as my text so I am taking the next action to request the full amount and the late fees that are stated in the rental agreement.

Basically it comes out to:

Rent $400.00

Fixed Utilities: $35.00

Late Fees: $80.00

Total $515.00

BLAHBLAHBLAH, you have three options as spelled out below:

1) It seems to me you are having a hard time affording the place, if that is so then we can work out a deal. Rather then going through the pain of not knowing if you can afford the rent month to month, we can settle on you moving out by Sunday, October 22, 2017 11:59pm. I would drop all late fees and fixed utility costs, and I would keep your security deposit to make up for the late rent. If that move out goes smoothly and you don't leave any messes or damages then I won't charge any additional damage, clean up, or late fees.

2) If you choose to pay all late fees that accumulate with the rent and fixed utilities then obviously we would continue with our agreement as it stands. Keep in mind that the $515 is what is due today, according to our agreement, $5 is added to the total per day.

3) If you decide not to take the deal above, or pay the full amount plus late fees, then I'll be forced to start the eviction process at the appropriate time. Eviction processes are nasty as it would create a judgement against you from a court requiring you to pay me the money owed, plus damages, and you would have that placed on your legal record preventing you from renting in the future and taking out any favorable loans.

It's up to you BLAHBLAHBLAH, get back to me.

Eric

First, be sure you understand tenant law in your state and locale and follow all applicable laws.

Second, you're making it too complicated.  In your situation, where you had an agreement with the tenant about a delayed payment, the tenant hasn't paid and isn't communicating, I would CALL them and ask what time I could come pick up the money.  If I didn't get payment today tomorrow morning I would post a pay or quit notice.  That's Wednesday morning, and here in CO you have to wait three days, not counting weekends.  So, if I still had nothing on Tuesday I'd start an eviction.  IDK what the timeline is in UT.  Actually, if I didn't have the money on Monday, I'd call my attorney and get the ball rolling.  I'd go have a look Monday evening to see if they possibly took the "quit" option.  They one time it got to this point, they did.

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You can put a 3 days notice to quit, and also talk to them to see if they would move on their own. Proceeds with eviction asap after thou. If they start missing payments, most can't catch up. The longer you way, the more you lose on rent

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