Real Estate Agent · Philadelphia, PA · Member since 2016 · 27 posts · 0 votes
I had a tenant that the lease was signed March 1st 2018 to 2019. last time he paid rent was in August. Come September been calling him in first week. Then he calls that plans to leave because relocation of his job. We agreed to meet up that same day to duscuss his options for rental release lease. He never showed up.. Called his job a few days later and they gave me the run around. I called again the following week and nothing.. Come October again nothing , no signs of him in the apatment his car never around. Then week 2 of October i opened the apartment and everything is gone ....What should i do ? BTW is the Philadelphia area and it's a duplex . I live in 1 and rented the other one.. any suggestiones ? i do have a Owner -Occupied Housing License by the city of Philadelphia
I had a tenant that the lease was signed March 1st 2018 to 2019. last time he paid rent was in August. Come September been calling him in first week. Then he calls that plans to leave because relocation of his job. We agreed to meet up that same day to duscuss his options for rental release lease. He never showed up.. Called his job a few days later and they gave me the run around. I called again the following week and nothing.. Come October again nothing , no signs of him in the apatment his car never around. Then week 2 of October i opened the apartment and everything is gone ....What should i do ? BTW is the Philadelphia area and it's a duplex . I live in 1 and rented the other one.. any suggestiones ? i do have a Owner -Occupied Housing License by the city of Philadelphia
Did he actually pay for September in August?
And how did you not notice him moving his stuff if you live in the same building?
Kind of depends on what you want to do. Do you have a security deposit or other prepayments? Is his employer still in Pennslyvania? What's his income level like?
Disclaimer: While I’m an attorney licensed to practice in PA, I’m not your attorney. What I wrote above does not create an attorney/client relationship between us. I wrote the above for informational purposes. Do not rely on it for legal advice. Always consult with your attorney before you rely on the above information.
Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
7y
You should have given him a notice to pay or quit the day his rent was late. Since his stuff is gone, you need to establish possession of the apartment. Did he leave keys on the counter? in some states that can be considered turning unit over to you. Call utility companies to find out if he turned off utilities. This can also be considered turning it over to you. You can also contact him asking if he has vacated the apartment, and if so, state you need a return address for his security deposit statement/refund. Some tenants will admit they have vacated in the hopes of getting a refund (he wont get one). In some states just removing all items is enough. (Laws vary by state, which is why I recommend getting an attorney below) After establishing possession your obligation is to clean and get it re-rented to stop the bleeding. Only once you have it re-rented can you consider going after the old tenant for lost rent.
Hire an attorney yesterday, as you have already proven you don't know what you are doing by giving him two months of free rent. Then download a copy of your local landlord tenant laws and read them front to back, twice. You should know how to handle basic situations before they arise, not after.
This is all general advice. You will need to get more specific with your new attorney.
Investor · Riverside, CA · Member since 2015 · 280 posts · 111 votes
7y
I would start eviction. He has not given proper notice so as far as the law is concerned he still rents there. Hire a eviction company. He would need to come back to court in your jurisdiction as the lease signing location dictates the court used.
Or you can let him get away with it and simply move on eat the loss of a few months no rent.
Flipper/Rehabber · Long Island, NY · Member since 2014 · 24 posts · 6 votes
7y
Sounds stressful but its not the end of the world so stay positive.
@Andrew B. gave great advice. You need to 'take possession' right away.
If you are tight on cash just educate yourself rather than get an attorney, and look into hiring a debt collector. Hopefully you have as much info as possible on the guy, but a debt collector will go after the tenant and only take a percentage of the money they collect, so it is a cost effective way to recover some of the money.
You can definitely file for nonpayment of rent without an attorney and if the guy is really gone than you will win. With that, the judge can grant a judgement in the amount of money you are owed, and this will show up on any background check this guy ever gets for the next 10 years. So if he ever gets back on his feet and wants to finance a car or furniture, or a house, or he wants to rent another apartment, he will come crawling back to pay you so the judgement can be lifted. I have heard of people showing up YEARS later to pay back rent that they skipped town on.
Sounds stressful but its not the end of the world so stay positive.
@Andrew B. gave great advice. You need to 'take possession' right away.
If you are tight on cash just educate yourself rather than get an attorney, and look into hiring a debt collector. Hopefully you have as much info as possible on the guy, but a debt collector will go after the tenant and only take a percentage of the money they collect, so it is a cost effective way to recover some of the money.
You can definitely file for nonpayment of rent without an attorney and if the guy is really gone than you will win. With that, the judge can grant a judgement in the amount of money you are owed, and this will show up on any background check this guy ever gets for the next 10 years. So if he ever gets back on his feet and wants to finance a car or furniture, or a house, or he wants to rent another apartment, he will come crawling back to pay you so the judgement can be lifted. I have heard of people showing up YEARS later to pay back rent that they skipped town on.
Stay positive and get that place re-rented.
Do you have to have tenant's SSN in order to collect debt or file an eviction. I never used to obtain their SSN to avoid liability.
Real Estate Agent · Philadelphia, PA · Member since 2016 · 27 posts · 0 votes
7y
@Lana Lee
his entrance door is not the same as my entrance. He didn't have much from the beggining only cloths , TV . small bed, and a futton... He may did it late at night because all that could've fit in a van. Or since i'm rarely home he may did it in one scoup.. yes i have a copy of his social. last rent was paid in August.. lease expires March 2019
his entrance door is not the same as my entrance. He didn't have much from the beggining only cloths , TV . small bed, and a futton... He may did it late at night because all that could've fit in a van. Or since i'm rarely home he may did it in one scoup.. yes i have a copy of his social. last rent was paid in August.. lease expires March 2019
Most of the lawyers will talk to you on the phone with no charge. Just call them and tell that the appartment is abandoned, rent not paid for x amount of time and no communication with the tenant. Say you are thinking to hire an attorney for eviction but not sure if you need to. They will tell you what to do next. I can give you a phone number of an attorney that will talk to you with no fee. PM me if you need one
Real Estate Agent · Philadelphia, PA · Member since 2016 · 27 posts · 0 votes
7y
@Chris K. He has a good job. He job location is in NJ but i remember one time before he disapeared that he was getting tranfered to PA location in the same company
You do not need the tenant's ssn to file for eviction.
Before talking to an attorney make sure to educate yourself. Red about eviction process in Philadelphia and Landlord-Tenant law. Make sure that you have Rental Suitability Certificate.
Wish you all the best with the unit. At this point it may not be worth it to go after tenant. You need to get the possession of the property and re-rent it.
Rental Property Investor · DFW, TX · Member since 2013 · 953 posts · 910 votes
7y
Sounds like he abandoned it. Change the locks and get it rented. There is no reason to file for eviction because eviction gives you the right to kick him out-hes already gone. You have to go through civil court to get back rent but that is a waste of time. Hopefully you got a deposit to help alleviate the financial cost but its just part of the business. Move on.
Note that if the person works in Pennsylvania, you can try to garnish his wages for damages related to failed rent payment. It's like one of the few rare times you can use wage garnishments in PA. So if you have complete information, maybe you can actually try to recover something.
Disclaimer: While I’m an attorney licensed to practice in PA, I’m not your attorney. What I wrote above does not create an attorney/client relationship between us. I wrote the above for informational purposes. Do not rely on it for legal advice. Always consult with your attorney before you rely on the above information.