Is it illegal to remind tenants of the consequences of eviction?

Question

I'm facing some evictions coming up, but I would like to avoid them if they would just pay their rent and be respectful.

I'd like to send out a letter to these tenants reminding them of the consequences of evictions, and that we would like to avoid that as well, but it's our policy to evict if the tenant hasn't paid.

Also, would it be a bad idea to try to talk to them about what the problem is? So that we can maybe fix it if it's on our end? For example if they're unhappy for whatever reason with their apartment that we weren't notified about?

I'm sure they don't want to get evicted, and I don't want to either, but we must have the rent.

Bob B. · Answer

@Cody Furman You have 5 separate properties that are late this month or is this one property with, I guess college students? If it's 5 properties then you really have a serious problem. Never threat tenants.  If they haven't paid after you posted the pay or quit, proceed with the eviction(s).  No need to educate them on the consequences. You aren't their parent. The power company doesn't tell you you won't have heat or air when they cut the power off. @Tom S. is correct.

Auburn should be a strong rental market and you should have no problem getting tenants.

Ray Harrell · Answer

A "reminder" could also be considered a threat. I wouldn't put anything in writing, but when you see them in person, remind them face-to-face. That way it's your word against theirs. You can be nice and try to find out what the problem is, but YOUR problem is they haven't paid rent. Even if there is something to fix, they lived there, they owe rent!

The LAST thing you want to do is start accepting excuses. Say, "Oh, I'm sorry that everyone in your family died, including your fish. I'll be by on the first to collect the rent. What time is good for you?"

Sounds insensitive, but this is business.

Account Closed · Answer

I wouldn't put anything in writing about eviction either. What I would do though, is follow local housing laws. I might send them a copy of their signed agreement to remind them of their responsibilities and I would send it certified to prove you sent it. I'd include something like

"We are bringing to the attention of all of our tenants that we have been and continue to follow the terms of the agreements that have been signed. It is our ongoing policy that rents are due on . . . . (date) and are late on . . . (date) with a late fee of  $. . . (amount). Any deviation from the signed agreements is not acceptable and will be forwarded to legal for processing. If you have any questions about what your agreement says, please read the attached agreement provided for you. Thank you for your cooperation. We look forward to a continued relationship with all of you and you are welcome here as long as the agreed upon rules are followed. Sincerely, Management

Then, if they continued to violate the agreement, I'd contact an attorney for advice on the next step.

Justin Kane · Answer

never REMIND.. they know.. screen properly in the beginning and set hard expectations before handing over keys.. then if there is any problems EVICT immediately dont wait , dont hesitate.. factor in eviction costs when analyzing deals. If you cant afford eviction then try a cash for keys and dont make this mistake again

but also, managing is a business in and of itself. this kind of thing is typical is that right @Karen Kerry

Matthew Olszak · Answer

Just file. If they aren't paying, they don't care about their credit or records - if they did, they would have engaged in a conversation with you already about how to avoid this. When we serve the 5 day notice, we let them know that as soon as those 5 days are up, the file is turned over to the attorney and its out of our hands.

Tom S. · Answer

@Cody Furman  Can you clarify what you mean by "some evictions coming up"? Are they already late on rent?  If so, follow your state landlord law, which is typically serving Notice to Quit.  That will usually get their attention, and would be required anyway if you do have to evict.

Here in VT, it's 14 days notice and we include language stating "You have ten (10) days from the mailing of this notice within which to discuss the proposed termination of tenancy with the landlord".  Typically the tenants would reach out and I would then state "I'd like to work with you if possible".

The Notice to Quit is not a threat at all and a legal requirement (provided they defaulted on their lease in some way).  Note if you're going to be in the rental business for some time, you should have a good attorney for this stuff.  I tried once to write my own Notice to Quit and missed one word, and the attorney said it would be thrown out if we went all the way to court.  He wrote a simple 2 paragraph one for me for $100.

- Tom

Allyssa McCleery · Answer

I too am dealing with a similar situation at one of my properties. Luckily, I had a property manager in place before I sent out a letter and was advised against it.

I think what Account Closed says is a good idea. I would check with a local property manager. Even if you are not hiring one it is a good idea to maintain a relationship with a certified property manager who has undergone training to ensure they are following the law in their operations.

James Wise · Answer

No nothing illegal about that. I've filmed some of our evictions & posted them on the internet. Once half a million people see you throw some people out onto the street you'd be surprised how much more cooperative future tenants are. They know you aren't messing around & it truly is no pay no stay.

Jill F. · Answer

Serve the notice required by your state to start the eviction process. Then send the tenants an email or letter explaining the process and consequences and what they need to do to stop the eviction action-- i.e. when, where, and how much money to pay.

I fail to see how pointing out the consequences of an eviction that is in progress is "making a threat." Make sure the tenants know if you are giving them any  other options in addition to full payment, or eviction.

Steve K. · Answer

@Cody Furman Just serve notices, every time. That should be enough of a reminder, and starts the clock ticking. I’ve spoken to tenants about it like you mentioned; explained calmly and as kindly as possible that a judge will evict them and a sheriff will come remove them if they don’t pay, that it’s hard living with an eviction on your record, that I have my own payments I have to make to the bank and the bank doesn’t have a heart either, that they’ll lose their security deposit because I’ll keep that for unpaid rent and go after them for additional monies if they cause damage, etc. Didn’t help at all in my experience. The moment it becomes real is when the judge asks them, “Will you be out by tonight, or do I have to send a sheriff to forcibly evict you.”  That’s when they get it. To answer your question though I don’t know if it’s illegal, but you definitely want to avoid doing anything that could be viewed as threatening and anything in writing can be used against you. I don’t think it hurts to have a calm polite conversation if you have a good working relationship with a good tenant, one last attempt to find out what’s really going on. But be careful and I wouldn’t send a formal letter or an email, that’s what the notice is for. Anything additional after the notice is kind of like a triple dare. Nobody that double double dares is serious. As others have said your landlord tenant handbook is your manual. Definitely don’t text a message that Bruno is on his way to their house and he’s coming for their kneecaps. Good luck!

Is it illegal to remind tenants of the consequences of eviction?

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