Out of country tenants not paying rent! HELP

Specialist · Tampa, FL · Member since 2018 · 22 posts · 12 votes

These tenants are from Saudi Arabia and are here for college at UTEP. I have two tenants in El Paso, Tx renting a home from me. They owe just under $2k not having paid rent on the first. They have dodged me for the past week and a half. I live in Tampa, Fl and cannot go to the house. I do have a realtor trying to sell my house, and he has helped generously dealing with small issues with tenants. I am sending them a Notice to Quit tomorrow either pay in three days or get out. If I take them to small claims (which I’m sure that’s where this is headed) can they still leave the country if they have court date? Can I contact the embassy? Do I have any leverage? Thanks!

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Greg H.Pro Member

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Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes

The reality in Texas is that you have only a slim chance to collect on a judgment and even slimmer chance to collect on someone you does not permanently reside in the US

Focus on what is important now which is possession of the property. Make sure you send the notice properly. Being out of state, overnight mail requiring a signature is probably best or by certified and regular mail

File after the expiration of the 3 days. Who is going to represent you in court? Virtually anyone can represent you now in Texas

Hopefully they will just leave and you can move forward

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Brian Ploszay
Investor · Chicago, IL · Member since 2009 · 1k+ posts · 1k+ votes
8y
Nope to the embassy. This is a matter for local law; this is an eviction. I am not knowledgeable about removing tenants in El Paso Texas, but it is time to serve them eviction papers. I suspect there is some service in that area you can use. Often such a court case may get them to pay. If they are not going to pay, get them to go. I would flush the money that is owed to you. The effort to recover it might be too much effort (expense and time). If you believe these tenants will stay in the region, then go for it.
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Greg H.Pro Member
Moderator
Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes
8y
The reality in Texas is that you have only a slim chance to collect on a judgment and even slimmer chance to collect on someone you does not permanently reside in the US
Focus on what is important now which is possession of the property. Make sure you send the notice properly. Being out of state, overnight mail requiring a signature is probably best or by certified and regular mail
File after the expiration of the 3 days. Who is going to represent you in court? Virtually anyone can represent you now in Texas
Hopefully they will just leave and you can move forward
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Jim Jopling
Real Estate Investor · El Paso, TX · Member since 2017 · 47 posts · 23 votes
8y
Yes you will be in Justice of the Peace (JP) Court. You can be represented by a non-attorney in such matters. You could probably find a property management company that could recommend someone. However, since you are out of state you probably want a good attorney in El Paso to represent you.
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Fred Heller
Real Estate Agent/Property Management · Houston, TX · Member since 2014 · 1k+ posts · 827 votes
8y
Is it possible that maybe you're overreacting just a little bit? It sounds like they're late for May. Most Texas leases have a grace period until the late fees start kicking in.

These are college kids. There are hundreds of reasons why they haven't paid the rent. And I promise you that fleeing the country to avoid paying the rent is way down at the bottom of the list. This is May. That means everyone is cramming for finals. And these are college kids, which means they are kind of not the most responsible people. That's why you should always have the parents co-sign for college kids.
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Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
8y
I would start the eviction process but I suspect they are probably wrapping up school and don't intend to pay.
When renting to foreigners, you have little leverage because they can leave at any time and then it's impossible to recover your losses. You also have to remember many foreigners do not live the same as we do and are harder on appliances, plumbing, etc. For this reason, I require a significantly higher deposit and last month's rent to mitigate the risk.
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Alex Hogle
OP
Specialist · Tampa, FL · Member since 2018 · 22 posts · 12 votes
8y
@Fred Heller This is the 5th time it’s happened, and they acknowledge me and know they are late. Instead of paying on time they text me telling me They don’t want to speak with me because they will be rude. Late fees are $50 initial, $35 everyday after 3rd of the month. Lease is up May 31st and are refusing to pay until I send them a new contract extension. They leave for Saudi June 3rd. Not over reacting, just tired of arrogant tenants! I just want the $2k and them to get out of the house. I’m hoping the Notice to Quit this morning sends a message and they pay.
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Alex Hogle
OP
Specialist · Tampa, FL · Member since 2018 · 22 posts · 12 votes
8y
@Jim Jopling Jim that would be awesome! I was stationed at Bliss and bought the house. First time having an issue with a tenant. They are receiving the notice to quit today. Please send me a message with some good ones! Thank you sir!
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Caleb Heimsoth
Rental Property Investor · Durham, NC · Member since 2016 · 7k+ posts · 7k+ votes
8y
Alex Hogle I’d start the eviction process immediately. Are you using a property manager? If not you should be. It is unlikely you will get that money.
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Edward Beck
Wholesaler · El Paso, TX · Member since 2016 · 29 posts · 23 votes
8y
Alex sorry to hear this. I have over a hundred rentals in El Paso and feel your pain. It kinda reminds me of when I started. Tenants don’t pay on time. It’s just part of it. Shoot they’re usually late in the worst possible times. Christmas time ect. I’ve found it’s better to have a high late fee. $50 late fee on a 2k payment is very low. Late fees don’t even hold up in JP anyways. I do 10% of the payment on the 5th and 5 bucks a day after. Yes i know it’s crazy high but they choose to pay me rather then car and cell phone because my fee is so high. So I’d make sure the demand letter doesn’t include them. Also I don’t really bug or threaten them I just file on the 15th. No matter the story. Due mostly because it takes so long to remove someone. But tenants will make your life miserable if you let it. But every so often they will be great. Oh one other then I’d say. I don’t rent houses with high rent. 2k in El Paso is a very nice house. I don’t rent anything above 800. I totally agree with Jim. Get an attorney lined up. But don’t pay yet. Just to go to JP. The tenants might pay or might leave. Very few ever go rob JP court.
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Alex Hogle
OP
Specialist · Tampa, FL · Member since 2018 · 22 posts · 12 votes
8y
@Edward Beck thanks for the kind words! Bought the house brand new in 15 with the intent to live but moved. West side is desert springs by trans mountain. Had a property manager but she was mad she didn’t get the listing when I chose to sell the house. It’s been a pin but they are receiving the Notice of Quit today so I’m hoping they pay! I’ve had the house listed since feb with ZERO showings or actions. I need it gone for investments here in Florida. Whole thing is frustrating at this point
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Edward Beck
Wholesaler · El Paso, TX · Member since 2016 · 29 posts · 23 votes
8y
Yeah it’s a used house in a new subdivision. Hard to sell. Also El Paso is still a Buyers market. I don’t think it will sell fast with a tenant. Also I’d look at comps really good to see what’s sold in the area. Don’t let your agent go to far out away from your property. Focus on the location. Very easy to pull a bad comparables if your Realtor doesn’t know what he’s or she doing. If you’d like a good recommendation for a realtor I know the best on the westside for used houses. Feel free to reach out. 😠tenants
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Jerel Ehlert
Attorney · Austin, TX · Member since 2014 · 890 posts · 759 votes
8y
Google "eviction service" for that city. There are probably several who will handle it from soup to nuts better than a real estate agent or attorney (I only do evictions when there is something weird going on, otherwise I'm too expensive).
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Ian WalshBusiness Member
Lender · Philadelphia, PA · Member since 2016 · 2k+ posts · 1k+ votes
8y
I don't think a 2k judgment in small claims court would keep them grounded. I could be wrong, but I highly doubt it.
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