My tenant insulted me because i asked him to pay on time or leave

15 Replies

Hi all, My tennant is been late 22 days for 2 monts each time and i asked him to pay ontime or leave and he screamed to me  " i am not leaving these fu...ing house son of a bi..h" and much more ,he said he will pay in 6 morr days but i don't want him here anymore . I need some orientation how to proceed please 

You should have a clause in your rental agreement that addresses this...with a specific number of days late automatically initializing eviction proceedings....with charges.

Most cities have paperwork at City Hall.  Fill them out, and they will handle the process for you...in most cases.  They will serve the tenant, and move them out if they don't leave.

Does your lease specify a time period in which tenants must pay rent? (This may seem obvious, but it never hurts to ask.)

Insults aside, if he's violating the lease by continuing to pay late, then you have the right to evict. Sounds like he'll put up a fight though, so if you do, research the process for your state beforehand. Each state has its own rules about evictions.

If you're in a "tenant friendly" state, those rules will favor the tenant over you. Eviction could take months and cost you a good chunk of money. If this is the case, you could try directly negotiating with the tenant first.

Say something like, "Look, it's obvious this isn't working out. To make this easy, let me offer this - I give you back your deposit PLUS the last month's rent, in exchange for you moving out in 7/14/21 days." If he takes it, have him sign paperwork agreeing to the terms.

If he doesn't, then you start the eviction process. Best of luck.

You don't ask tenants to pay on time; they pay or they don't stay.  It's a business.  While I respect your tenants right to be wrong and stupid, I wouldn't let him be so on my time.  Today, right now, issue him a Notice To Quit.  Let him know that he will so be "leaving these fu...ing house son of a bi..h" and that the process is now in place to legally do so. And, issue one every time that he is even one day late.  Don't call him, don't take his abuse, just enforce your lease.  I also recommend that you do an inspection sometime in between rent payments; give legal minimum notice and take a witness with you.  It's your ball, your court - so take your power back and act from a position of strength.  Show him how a "son of a bi..h" owner just kicked his late paying, immature butt!  

As they say in Texas, COWBOY UP!





The 2 most important things to know are your lease and your state's laws. It sounds like you need to study both a little bit and come up with a strategy. Knowledge is power, play by the rules, and don't let the insults get to you, that's irrelevant. Treat this situation like a business transaction, leave the emotions out of it and don't make threats, just do what's best for you and your property. 

1. Stop having conversations with your tenant. Put communication in writing. Keep it short, professional, and clear.

2. Why did you allow them to pay 22 days late? Policy should be the bare minimum allowed by law. Mine is that rent is due on the 1st, late fee on the 5th, start eviction on the 10th. If tenant pays in full (including late fees, filing fees, etc.) before the eviction takes place then we reset and try it again the next month. 

Getting into a shouting match, arguing, or trying to "prove" your case with an irate tenant is unlikely to succeed. Just back away, follow your processes, and let him get in line or go through the steps to kick him out legally. 

Oh, send that nice letter and be as passive aggressive as you can. 

Dear tenant,
I've enjoyed our relationship for  x-term and was hoping for a long continuing relationship to the betterment of each of us together and individually. I want to thank you for that and also apologize for not being able to meet your standards. Sadly there comes a time to move on in life and it looks as though that time is now.

I hope you find the home and landlord of your dreams. I'll be working on myself personally to better meet the expectations of my next tennants.

Originally posted by @Andrea Mansulino :

Hi all, My tennant is been late 22 days for 2 monts each time and i asked him to pay ontime or leave and he screamed to me  " i am not leaving these fu...ing house son of a bi..h" and much more ,he said he will pay in 6 morr days but i don't want him here anymore . I need some orientation how to proceed please 

 No offense but is this a real question?   Don't say another word to him. Simply file eviction.  If he pays, then cancel the eviction.  Next month if he doesn't pay by the 1st, give him a 3 day notice (the grace period in Texas is for late fees, not when you can give a 3 day notice).  Then file on the 4th or whenever the lease allows.  

Don't confront, don't make a big stink about it.  Just treat it totally automated and hands off.

Can't let that sh1t happen dude.  No way. 

I would file for an eviction and get them out. In wisconsin, if they are on a month to month lease, you can just serve a 30-day notice to vacate. Go down to the court house, or speak with your real estate attorney for specifics on how to proceed.

An eviction is a least good outcome scenario. I would first try cash for keys. Assuming the relationship cannot be restored (which is just an assumption), you would, as said above, write him a letter with a copy of the lease attached. Point out in the letter where the lease says he has to pay on time or he is in violation and will be evicted. Then highlight that portion of the lease. Say if you do not receive the back rent and the new months rent by the 1st, you will file an eviction. Or, give him the opportunity to leave by x date, or pay by x and leave by y, etc. Also attach the 5-day notice to the letter which is required 5 days before you can file an eviction. Properly serve this or post a copy of these documents at his place or give them to him (so you can prove later he got the 5 day notice). Then if you hear nothing or he does not follow the instructions, then file the eviction. An eviction can be quick. But it can be messy and complicated. I have seen some professional tenants get away with not paying rent for 3-4 months, living in the place and damaging it, all while the eviction court spins its wheels. Fortunately most tenants do not take it that far. But once you get one in court they are backed into a corner and will probably fight you as hard as they can. Anyway best wishes with that!

It sounds like you have a problem tenant that won’t be easy to get rid of.  Most people enter a business arrangement with a contract/lease in place.  What does yours say? It is up to both parties to follow through on the arrangement.  A colleague of mine didn’t have a signed contract/lease and the tenant took every lightbulb, cabinet knob, faceplate and ruined light fixtures in the 3 months it took him to have the tenant vacate the premise.  Best of luck! 

@Andrea Mansulino   Give them and serve them with an eviction for failure to pay rent.  Unfortunately, you will deal with all sorts of people (tenants AND landlords) who are entitled, bullies or just plain rude.  Try not to let it get to you and politely tell them rent is due on the 1st, but legally late as of the 6th (that's how it seems to work in the US).

I stopped initiating conversations with tenants with my first one.  Now, I make it clear that once they're in the property, all communication needs to be in writing, in both directions.  I use google voice so if I do get a call, the first thing I do is hit four and it's recorded.  Voicemails are recorded and transcribed automatically.  If I get into a situation where I and a tenant cross paths, say during an inspection, I put the phone on record.  You do not have to let people know you're recording them. If anyone pulls the trigger and files suit or counter suit, those recordings are entirely legal if used to refute lies.  CYA!!  If you find yourself in front of a magistrate, you will have more ammo in your gun than your tenant.
Originally posted by @Daryl Luc :
I stopped initiating conversations with tenants with my first one.  Now, I make it clear that once they're in the property, all communication needs to be in writing, in both directions.  I use google voice so if I do get a call, the first thing I do is hit four and it's recorded.  Voicemails are recorded and transcribed automatically.  If I get into a situation where I and a tenant cross paths, say during an inspection, I put the phone on record.  You do not have to let people know you're recording them. If anyone pulls the trigger and files suit or counter suit, those recordings are entirely legal if used to refute lies.  CYA!!  If you find yourself in front of a magistrate, you will have more ammo in your gun than your tenant.

This depends on the state you are in, though most of them allow it.  The phrases to look for are "single party" (okay) or "dual party" (not okay), though sometimes "single party" states can also have additional rules.  Here is a link to a handy map.  The green states are "single party", just check if there are any additional exceptions/rules:

http://worldpopulationreview.c...

I'm not sure why it isn't pasting the whole link, but if you highlight it and right click you can copy it or "open in new tab", that will work.

 

You need to evict this tenant, and pronto.  If you're writing us here for advice on how to handle this situation, then I doubt you're in a position to run the eviction yourself.  Get a local landlord lawyer who really knows what he is doing to run the eviction for you.  Never have any further conversation with this tenant.  Any communication via email or text, and no response to anything other than notifications of a problem in the unit.