Real Estate investor · Atglen, PA · Member since 2011 · 90 posts · 21 votes
In November my tenants failed to pay their rent and my PM started the eviction process. Today I received a notice that eviction is set for Christmas Eve.
What do you make of that?
Would you suggest to the constable that he wait till after Christmas?
SFR Investor · Phoenix, AZ · Member since 2009 · 484 posts · 181 votes
13y
A few years back, I had a job repossessing TV's and appliances for a rent-a-center type business. I went out on Christmas eve and repo'd a fridge, washer/dryer and a stove from the same customer. The customer called us, she was tired of the (weekly) payments & was glad we came right out. She (and all the customers i dealt with) knew if they didn't pay, the business would hound her incessantly, sue her, and smear her credit.
Those same customers *know* that many landlords are "softies" who will "buy" an excuse, or a tearful story & they use that to their own advantage.
I've got $5 that says that this tenant has a better smartphone than you, and a more deluxe cable-tv package than you do. And I'd be willing to bet that the phone and the cable bill are paid in full and current - because cell and cable companies don't take excuses, they shut you off pronto. There's no guilt, remorse, or soul-searching, you didn't pay, the toys go away.
Rehabber · Albuquerque, NM - New Mexico · Member since 2011 · 283 posts · 38 votes
13y
Originally posted by Daniel Fisher:
Eviction was not an option before this. They always paid, albeit late. There has been no property damage and, as I understand it, I can't evict for late payment.
Really? What are the requirements to be able to evict someone?
You're not able to refuse late payments and still be able to evict them?
Real Estate investor · Atglen, PA · Member since 2011 · 90 posts · 21 votes
13y
Originally posted by Ryan M.:
If that's the court date don't worry they still have time after that. 10 days in Michigan. I have a projected court date right after christmas, part of the game.
Court already ruled to evict and the property has been posted.
Real Estate investor · Atglen, PA · Member since 2011 · 90 posts · 21 votes
13y
The requirements to evict, as I understand it, is property damage, non payment and breaking of the lease. I don't think late payment constitutes breaking the lease.
Flipper/Rehabber · Lake Isabella, CA · Member since 2011 · 969 posts · 488 votes
13y
They will likely move out before the Christmas Eve. Most tenants have the wherewithal to realize its in their interest to move on before the sheriff is there to lock them out, especially if there are kids involved.
Rehabber · Albuquerque, NM - New Mexico · Member since 2011 · 283 posts · 38 votes
13y
Originally posted by Daniel Fisher:
The requirements to evict, as I understand it, is property damage, non payment and breaking of the lease. I don't think late payment constitutes breaking the lease.
Yeah but do you have the right to refuse late payment, allowing you to evict. I read you do. That's what I would think is the right thing to do.
Don't the tenants feel like the "grinch" for withholding your money and make you deal with this?
They didn't pay rent. They knew this was coming.
Admittedly, I'm surprised that the eviction notice will take place precisely on Christmas Eve. Sometimes those don't happen during holidays, instead having it the day before or the day after.
"I don't think late payment constitutes breaking the lease."
I thought it was?
"On-time payment is the essence of this lease," or similar, appears in my lease. Paying as agreed (on time, proper amount) or I consider the lease voided.
Maybe my state is different than yours with this matter.
Real Estate Investor · Hampton, VA · Member since 2012 · 562 posts · 109 votes
13y
Sounds to me that although you have a court date for Christmas Eve, doesn't sound like the eviction willl take place on that day, although you may get the judgement against the tenant the rest of the legal process through the court and or Sheriff, I would imagine the actual eviction process may take a few extra days/weeks due to the holiday.
Syracuse, NY · Member since 2011 · 53 posts · 47 votes
13y
Since the eviction has already been granted and scheduled for the 24th, there is probably not much you can do here. They will probably be gone before then. If you try to delay the physical eviction you might have to start the whole process over again.
Investor · Southeast, MI · Member since 2012 · 2k+ posts · 1k+ votes
13y
I think I would use this story with all future deadbeats and wear it like a badge. When the next guy is late, I would tell him that the last guy that refused to pay was homeless on Christmas Eve and had all of his worldly possessions thrown in the driveway.
Kind of like when you're a kid and another kid bullies you. As soon as you punch him in the nose, he learns not to mess with you and so do the other kids. I miss 5th grade.....
Actually, I tell prospective roommates casually about a past bad roommate a long time ago who was terribly messy, paid late, caused damage, etc. and weren't allowed to stay. Haven't had that problem since then.
Real Estate investor · Atglen, PA · Member since 2011 · 90 posts · 21 votes
13y
Steve Babiak I ended up keeping the eviction date and they finished moving out 15 minutes before the constable arrived. The house is ready to rent and is on the market.