Eviction at Christmas: Scrooge or Good Business?

Eviction at Christmas: Scrooge or Good Business?

Sarasota, FL · Member since 2018 · 14 posts · 7 votes

I recently (late Sept. 2018) purchased a duplex in FL. The property was fairly run down, i.e. overgrown yard, the occupied unit has window coverings consisting of aluminum foil and/or bed sheets/blankets, additionally, there is work that could certainly improve the unit, although the tenants expressed no concerns to previous owner or to me when I took over.  Basically, it is filthy, smelly and difficult to tell what the apartment actually looks like. Their side, 2/1, was rented for 700 with landlord paying electric.  (The story was the tenants were there for 5 years and always paid their rent the first of the month.) The other side was vacant and in need of some TLC.  During the purchase process I mentioned to the owner I would be having tenants pay their own electric and I thought the rent was low.  She apparently relayed this to the tenant because the existing tenant moved the electric into their name (the previous owner let them keep the deposit with the electric company) and agreed to pay 725.00.  I did NOT sign a lease with the tenant and there was no existing lease when I took ownership.  (I was also under the impression it was a couple and two children, since that point a mother of the female tenant has been revealed as living there).  I have been working on improving the property and have a tenant moving into the vacant side next week.  That side is a 1/1.  The rent is 750.00 plus electric.  

The existing tenants paid 725.00 the first week of October. The beginning of November they paid 600.00 requesting a week to pay the balance of 125.00 (by Nov. 10th).  I agreed. I asked on the 18th if they had the balance of the rent and was told no (mother's social security issue).  I have not received or been contacted about the rent balance and in less than a week another month will be due.

Since there is no lease, I believe I can provide them with a 15 day notice to vacate.  I do not want to continue with rent issues and prefer to improve the overall property.  My dilemma is timing.  I would greatly appreciate input from readers on the best way to proceed.  I am inclined to give them a 15 day notice this weekend and allow them to stay through the end of the years provided they pay, in full, the rent for December and remainder of November.  Personally, my thoughts are conflicted because of the two young children and elderly mother, despite knowing this is a business and they are responsible for their actions.  Thank you!!

0Reply
132 views

Most Popular Reply

Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes
7y

Does the bank give you a break around the holidays and allow no payment in December how about the insurance fees and are your taxes free at Christmas ? The bills don’t just go away because it’s the holidays so why must your income be allowed to subside when the expenses stack up  ? This is a failing business strategy but I understand it’s a tough choice . Nobody said landlording was easy. When families are involved it complicates business decisions and that usually means less money in your pocket . 

See this reply in the discussion

29 Replies

Jump to latestLatest
  • Rental Property Investor · Jacksonville, FL · Member since 2008 · 784 posts · 528 votes
    7y

    @Amy Thatcher rent is due on the 1st and late on the 2nd. Its a business. Tenants that wish to play games should go elsewhere. In Florida, like @Mark Fries says, you get the foreclosure done in about 21 days. I use someone to do mine, because they do it for a living. They do all the right paperwork, but its all about time. 

    You could always do a cash for keys deal, to give them some  $$$ during Scrooge season to move out, provided they sign the document that they are moving out. 

    If you think they are getting over on you now, just wait til when times get tough for them. Its a slippery slope! Best of luck to you. 

  • Investor · Ocala, FL · Member since 2016 · 299 posts · 110 votes
    7y

    Just to give you an idea of the eviction process in Florida - http://www.orlandoevictionlawyer.com/blog/articles...

    I do my own evictions, and in Florida you can accept partial rent and then start the eviction with the 3 day notice afterward.  You can only demand the actual rent and if you start the eviction during the month, the next month's rent will be included in the amount due at the beginning of the next month if the lawsuit is still not settled.  I had one tenant try to stop the eviction by paying his past due rent  a couple of days before the end of the month only to find he would be evicted if he didn't deposit the new month's rent on the 1st.  He was livid, but ended up getting evicted.  Make sure you follow every rule with the eviction or it will get thrown out and you lose your court costs.  By the way, when you give a 3 day notice and start the eviction, the tenant can go to local charities that may pay their rent for a month, as well as the electric bill.  If they are paying electric for the first time they may have had to pay a large deposit - see if pay as you go is available, then they can pay small amounts as needed and there's no deposit.

  • Jennifer T.Pro Member
    Investor · New Orleans, LA · Member since 2014 · 1k+ posts · 944 votes
    7y

    I'll occasionally work with tenants to a small extent.  Since it is already so late in this month, it might be easiest to wait until after next month's rent is due and then combine the outstanding balance of Nov. with Dec. (plus any fees) with a 3-Day Pay or Quit notice.  They have already not followed through with the promises they made on Nov. rent.  I wouldn't cut them any more slack and would definitely file for an eviction on the first day I legally could, if the rent is not paid in full.

    "Problems" with the mother's SS sounds like a lie anyway.  However, I wouldn't care if it's a lie or not and I wouldn't care if it is Dec.  So what if it is the holidays?  Tenants need to pay their rent and, if they can't (don't care why), they need to find another place to live or I'm forced to evict them.  Their bills are due when their bills are due and you have already been more than generous in your flexibility.  I'm sure your bills didn't stop because it is Dec.  I'd also bet, dollars to doughnuts, that they don't care in the slightest about how they're failure to pay their rent in full/on-time affects you.  Yet, they expect sympathy from you.

    Nope!  Don't fall for that and don't ever think of yourself as a "Scrooge".  At best, they're nice people who fell on hard times.  It still isn't your problem.  There are a million sad stories out there involving struggling parents, kids, etc.  If you want to be generous, donate to a charitable organization you have vetted.  But in your business, mitigate your risks.

  • Investor · Louisville, KY · Member since 2017 · 199 posts · 253 votes
    7y

    I would not evict them this close to Christmas. I would evict them in January......oh wait. That is very close to martin Luther Kings birthday.

    So I would do it in January.

    Oh darn...that's close to Valentines day and they are so in love.

    March only has St. Patrick's day. Lets pray they are not Irish. Speaking of prayer....there comes Easter a few days behind so lets just do it in May. Oh darn again......Memorial day. 

    The point....there is no good time to evict but you didn't make that decision. Your tenants did when they decided not to pay their rent and avoid you.

Join the conversationCreate a free account to reply, vote on answers and follow this thread.