Long story short:
I’m a newb who bought a home that had a tenant in it. Told him months ago I was buying the place, all was well, he has good credit and rental history. Now the guy isn’t paying, but I know he’s still there, as the property is right next to my family. Very confused on what to do. I was planning to move in the home in a month. I don’t want to chase him out right before I move in, as he could destroy the place. If he would pay just this one month, I’d be fine. Very confused what to do...
Start the eviction process by serving pay or quit notice. You have already lost 1/2 a month. Act immediately.
Never operate a business out of fear. It is very rare that tenants do damage when faced with a pay or quit/eviction.
Evict him, IMMEDIATELY!! You should have started that process on the 5th day of non-payment. Have your family camp out in the yard until he leaves. Have them schedule "repairs" every couple of days to make sure he's not doing anything to the property. Even if he decides he wants to pay don't let him. Get a judgment and have that entered on his credit report.
Also, how do you know he has good credit? Did you run a credit report and rental history?
@Thomas S. He’s currently not on an agreement with me. The last lease was verbal. So can I do it faster with this in mind? I’ll get a notice ASAP.
@Ray Harrell yes. Plus he works a LOT. The previous owner gave me his mother’s number specifically because he works so many hours.
The process to evict is the same regardless of the type of lease. A pay or quit notice shoukd always be issued the day following when rent is due, normally the 2nd of the month.
@Thomas S. where do I get the notice? The sheriffs office?
@Chandler, you create the notice yourself. Google quit or pay notice for your city to get the correct language. Hand it to him personally and take a picture of you handing it to him. Ideally get him to sign it. I've done that before. After 5 days, go file an eviction at the courthouse. Make SURE you let 5 days pass before doing this. Ideally you want to get your money, so if he happens to pay, then give a 30/60 day notice to terminate. If he cares about his credit he won't go through all that trouble.
If you've never done an eviction I recommend finding an attorney who specializes in this. The process can be tricky and one mistake and you're back to the start. IDK if you can get him out in a month.
You have to follow the law, even on a verbal agreement. I suspect the tenant plans to move out and thinks he can get away without paying last month's rent. This is particularly common when tenants have a security deposit and they want you to use that for rent (don't do it).
Start the eviction process as soon as possible. If the moves out, you can always stop the process.
I agree with @Jon Holdman . Find an attorney who specializes in this area. You’ve already lost enough time. You don’t want to make a slight mistake and lose even more time.