1st Eviction..please help

6 Replies

So I inherited a new tenant 4 months ago when I purchased this duplex.  He's been no problem at all for the past 4 months.  He texted me on June 1 saying that he changed jobs and that he might be late on rent this month.   I have a 5 day grace period in my lease and he texted me again on the 5th of June saying that he has no money and should be getting some money on the 24th.  

I told him that after the 8th of the month (3 days late), we issue the 3 day pay or quit notice and at that point, we must receive rent on the 3rd day or you have to move out asap or we will begin the eviction process.   I make it sound like i'm a big company but it's really just me running around like a fool.  I own and manage all my properties.  4 houses.  8 units.  Anyway, I called, emailed and texted him yesterday saying that this is the last day we can accept rent otherwise you'll either have to move out or we will file for  an eviction.  This tenant has good credit, a nice w2 job for the past 6 years and he won't even respond to my request of, "call me so we can figure out a plan other than using the courts/eviction".  I even left a message for him saying i'll reimburse him for some of his security deposit if we can agree upon a move out date......I'm really suprised by all this.  An eviction is going to hurt this guy in so many ways yet he won't respond to my help.....ugh.  Is he just trying to stay there as long as possible?  Does this sound common to any of you?  It's my first issue in 3 years luckily and i'm shocked by his lack of communication and responsibility for himself...

Not uncommon for tenants to feel immobilized and not respond. 

Doesn’t matter , do what you need to do . 

No pay , no stay -start the eviction. 

Hopefully your lease states any legal 

fees incurred will be the 

responsibility of the tenant . 

Good luck !

Originally posted by @Marci Stein :

Not uncommon for tenants to feel immobilized and not respond. 

Doesn’t matter , do what you need to do . 

No pay , no stay -start the eviction. 

Hopefully your lease states any legal 

fees incurred will be the 

responsibility of the tenant . 

Good luck !

Great advice  ..Exactly  

Originally posted by @Brian Zaug :

So I inherited a new tenant 4 months ago when I purchased this duplex.  He's been no problem at all for the past 4 months.  He texted me on June 1 saying that he changed jobs and that he might be late on rent this month.   I have a 5 day grace period in my lease and he texted me again on the 5th of June saying that he has no money and should be getting some money on the 24th.  

I told him that after the 8th of the month (3 days late), we issue the 3 day pay or quit notice and at that point, we must receive rent on the 3rd day or you have to move out asap or we will begin the eviction process.   I make it sound like i'm a big company but it's really just me running around like a fool.  I own and manage all my properties.  4 houses.  8 units.  Anyway, I called, emailed and texted him yesterday saying that this is the last day we can accept rent otherwise you'll either have to move out or we will file for  an eviction.  This tenant has good credit, a nice w2 job for the past 6 years and he won't even respond to my request of, "call me so we can figure out a plan other than using the courts/eviction".  I even left a message for him saying i'll reimburse him for some of his security deposit if we can agree upon a move out date......I'm really suprised by all this.  An eviction is going to hurt this guy in so many ways yet he won't respond to my help.....ugh.  Is he just trying to stay there as long as possible?  Does this sound common to any of you?  It's my first issue in 3 years luckily and i'm shocked by his lack of communication and responsibility for himself...

 You need to file the eviction asap. It's understandable to be afraid or apprehensive of going through a formal eviction for the 1st time (we've all been there) but it's part of the business.....A big part of the business. 

Make sure you hire an attorney every time and you will soon realize it's no big deal & it will need to be your go to move. Doing anything else is just going to cost you time, money & irritation.

Have a strict standard process that makes decisions for you beforehand. No emotion. No Exception. No Special Treatment. 

Otherwise, you give yourself more stress than necessary as you feel emotionally responsible.

@Brian Zaug you're over-communicating with this guy. 

Once you told him the process, you should leave it at that. If you keep calling, email, and texting, it makes you sound desperate and gives the impression you may just be threatening but not actually going through with everything. Here's what I send a tenant:

Dear Tenant, 

This is a reminder of our rent policy, as written in the lease. Rent is always due on or before the first day of the month. State law requires us to give you an additional 3-day grace period before we can charge late fees or start eviction. 

Our policy is to charge you a late fee of $XXX on the 5th day of the month. If you do not pay the rent, late fees, and all other amounts due by the 9th day of the month, we will start the eviction process on the 10th day of the month.

If you have any questions, please contact me immediately.

I send it once. When the 5th day comes, I charge the late fee with no communication except that they receive an email notice of the charge being added to their account. When the 10th comes, I hit them with a 3-day Pay or Quit. It's served by the Sheriff Department so they know I'm serious, and I charge the tenant the $50 that it costs for that service. If they haven't paid everything in full or moved out by that deadline, I file in court for the forcible entry and detainer and charge the tenant for those fees. It rarely gets that far and my last full eviction was in five years ago despite having over 300 rentals.

People aren't stupid. They know when rent is due. There are some that honestly misunderstand or forget but one reminder is all it takes. Tell them once and then do it.

Nathan G.

I couldn't agree more with your post.  I need to tighten up my process and not deviate.  I'm definitely going to steel some of your ideas.  Thanks for your post..