Evicting Tenant with Medical issues - Feel like a grinch

Evicting Tenant with Medical issues - Feel like a grinch

Investor · Cincinnati, OH · Member since 2013 · 10 posts · 2 votes

I am having to evict a tenant for the first time, and wanted to get some perspective / opinions.  

Tenant had an ongoing trend of late payments, etc., which I let slide for the first few months.  

October check bounced, (They sent from closed account!) They deposited cash in middle of November

November check bounced (from same closed account)

December check received, but from same closed account, so positive this will bounce.

At this point, I had enough, and filed for 3 days to vacate notice, and recently, an eviction has been filed.

I have a hearing date set, which I plan to go through with.  All correspondence from me has been via email, and cordial but factual.

Here's where I feel like a grinch.  Through correspondence, he has been telling me that his wife is going through chemotherapy, and that the notice to vacate / eviction notice, and emails have had an emotional toll, and that he will file a lawsuit against me for emotional damage, etc.  I am still proceeding with the eviction, as I've had enough of the runarounds.  I do sincerely hope his wife will get better (I hope someone would not lie about something like that).

QUESTION: Am I in the wrong to proceed with eviction?  I'm a bit conflicted from a moral perspective, but determined to proceed with the eviction from a business/factual perspective....unless you can see some negative result, specifically as it relates to the medical condition.

Any perspective or experience would be greatly appreciated.  

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Investor · River City, Manitoba · Member since 2017 · 162 posts · 193 votes
8y

Through correspondence, he has been telling me that his wife is going through chemotherapy, and that the notice to vacate / eviction notice, and emails have had an emotional toll, and that he will file a lawsuit against me for emotional damage, etc.

You know what would reduce the emotional toll?? PAYING THE RENT!

There is absolutely no good time to evict a tenant! When have you ever heard from a tenant, 'ohh you're serving me a notice to vacate... ohh for sure that's awesome this is a good time for me.. I'm just going to get my stuff and leave"

The only issue I have is that you have waited this long. First time the cheque bounced I would be serving them a notice.

Life circumstances are not going well for tenants but does that mean that it should affect your pocket book. You have done the right thing at this point, cut it loose and move on. 

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  • Investor · Cincinnati, OH · Member since 2013 · 10 posts · 2 votes
    8y

    all, thank you for the additional comments.i truly appreciate this community.

    I've decided that I need to restart the eviction process, this time with the services of a lawyer.  Although I am not looking forward to the additional time and lack of rent, it will help me sleep better at night knowing that I am going about this with the proper expertise on my side.

    Anyone happen to know of a good flat fee lawyer in Cincinnati, OH who may help me in this matter?  So far, the best I've gotten is through avvo.com

    Thank you all!

  • Cincinnati, OH · Member since 2015 · 214 posts · 107 votes
    8y
    Originally posted by @Tomo Iikubo:

    all, thank you for the additional comments.i truly appreciate this community.

    I've decided that I need to restart the eviction process, this time with the services of a lawyer.  Although I am not looking forward to the additional time and lack of rent, it will help me sleep better at night knowing that I am going about this with the proper expertise on my side.

    Anyone happen to know of a good flat fee lawyer in Cincinnati, OH who may help me in this matter?  So far, the best I've gotten is through avvo.com

    Thank you all!

     Is the eviction in Cincinnati?  You're going to want to make sure the eviction form is filled out correctly.  When I had to do an eviction, the day I was there, the only time I saw the judge rule in favor of the tenant was when the form was not filled out accurately.  Feel free to send me a message if you have any other questions.  I had my first one in June, its not as hard as you think its going to be.  Make sure you have your dates of notices and chain of events ready to go because literally each eviction took less than 2 minutes.  May not hurt to go down to the courthouse to check out how it goes prior to your date.      

  • Golden, CO · Member since 2017 · 65 posts · 35 votes
    8y

    @Tomo Iikubo

    I would consider being more lenient if the tenant had notified you personally that the October check would be late and that he was finding a way to pay it. Instead, he wrote a check to you knowing that the check would bounce. That represents a lack of integrity and responsibility. Some people go through life as victims and expect you to understand. Then he did it again, and again. You can be compassionate, tell him how sorry you are about his wife's health challenges and say you are running a business and have no choice to evict unless he hands you a cashiers check for full payment within 24 hours.

  • Mindy JensenPro Member
    BiggerPockets Money Podcast Host · Longmont, CO · Member since 2014 · 7k+ posts · 10k+ votes
    8y

    ^^^THIS!!!  

    Go down to the courthouse and watch. Pay attention to the other landlord's attorneys, find the one who consistently wins in favor of the landlord, and get his card. Pay the attorney for the first eviction, and pay close attention to how it's done.

  • Real Estate Broker · Westminster, MD · Member since 2017 · 159 posts · 101 votes
    8y

    One option is explain that an eviction on his records will make it almost impossible for him to get a decent place in the near future. Then offer him cash for his keys. Stone cold, waste more time if you want with the eviction, but that is already rolling forward. Offer to buy him out of your place. Moral of the story is don't accept checks.

  • Real Estate Broker · Chicago, IL · Member since 2017 · 38 posts · 7 votes
    8y

    I recently read this article, How to Evict a Tenant, while I've been looking into my own situation. 

    I think a medical issues comes up more than we'd like to think. I had a person renting a room from me and my girlfriend that wasn't paying because of medical reasons and that fostered plenty of discontent between all of us. This was particularly difficult because although she were under medical leave, she would order food, buy weed, order clothes and take vacations--paying rent wasn't a priority--but we still had to pay the mortgage.

    Maybe it doesn't rank higher than someone's medical bills, but rent has to be a priority.

    In terms of hiring an eviction lawyer, I have a RE lawyer in my network that has recommendations but I wouldn't be opposed to calling the eviction office and asking what law firm files the most evictions.

  • Real Estate Agent · MD · Member since 2017 · 39 posts · 37 votes
    8y
    Originally posted by @Jeff Small:

    I had a tenant onceWho said her mother died twice in the two-year period! LOL do the eviction!!!!

     *Shaking my head* I don't know how people even say such horrible untrue things...terrible tenant!

  • Real Estate Agent · MD · Member since 2017 · 39 posts · 37 votes
    8y
    Originally posted by @Carl Lee:

    I recently read this article, How to Evict a Tenant, while I've been looking into my own situation. 

    I think a medical issues comes up more than we'd like to think. I had a person renting a room from me and my girlfriend that wasn't paying because of medical reasons and that fostered plenty of discontent between all of us. This was particularly difficult because although she were under medical leave, she would order food, buy weed, order clothes and take vacations--paying rent wasn't a priority--but we still had to pay the mortgage.

    Maybe it doesn't rank higher than someone's medical bills, but rent has to be a priority.

    In terms of hiring an eviction lawyer, I have a RE lawyer in my network that has recommendations but I wouldn't be opposed to calling the eviction office and asking what law firm files the most evictions.

     I had a similar situation with my former roommate.  Not medical bills, but she lost her job.  I got tired of asking for the rent and when she was going to pay.  One day, I finally just asked "when are you moving out?"  She gave an exact day and I never did get the rest of rent money she owed me, but I was happy to have her leave and NOT have to witness her ordering every meal out, buying/smoking her weed, and acting like she didn't have to pay rent to keep living with me!

  • Ned J.Pro Member
    Investor · Manteca, CA · Member since 2017 · 1k+ posts · 2k+ votes
    8y

    Call your mortgage company and ask them if its ok if you don't pay the mortgage for a couple of months until this guys wife gets all better and he can pay the rent....see how that goes....

    No doubt eviction is required.... the guy made his bed and now he has to sleep in it..... you can empathize with him all you want (assuming he isn't completely full of sh@t with his story), but it doesn't change the fact that YOUR bills need to be paid.....

    Hire a good eviction lawyer and let them do their job...the extra cost is well worth it.....

  • Investor · Cincinnati, OH · Member since 2013 · 10 posts · 2 votes
    8y

    All, thank you for your help....BP is an amazing resource and support network.

    Hired an eviction lawyer a couple of days ago.  Feel better already :)  Will update status as I proceed.

    Thanks again!

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