Tenant Witholding Rent and Payment of Utilities

Tenant Witholding Rent and Payment of Utilities

Bronx, NY · Member since 2017 · 94 posts · 14 votes

So after sending a termination of the lease renewal, the tenant refuses to pay rent and has not paid the water bill for the last quarter (usage also increased significantly on the most recent month).  The lease is due to terminate in the beginning of March, however, what are my options now that they haven't paid the water bill for the last quarter and are running late on rent payment?  The lease dictates that they will be in default after 10 days of non-payment for rent, but I wonder if they're trying to draw out the process as evicting them would likely extend beyond the date of lease termination (and be more costly as well).  How many of you have been in this same position and what have you done or learned from it? 

Thanks!

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Richmond, VA · Member since 2016 · 215 posts · 129 votes
6y

@Mauricio A.

Regardless of what they may be trying to do you need to follow your process. Send a notice to cure or whatever they call it in your state for the lease violation (not paying the water bill) and your pay or quit for not paying the rent and when you're able start the eviction process. That way if they dont move out on their own you're not behind in getting them out.

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  • Richmond, VA · Member since 2016 · 215 posts · 129 votes
    6y

    @Mauricio A.

    Regardless of what they may be trying to do you need to follow your process. Send a notice to cure or whatever they call it in your state for the lease violation (not paying the water bill) and your pay or quit for not paying the rent and when you're able start the eviction process. That way if they dont move out on their own you're not behind in getting them out.

  • Kenneth GarrettPro Member
    Investor · Florida Panhandle/Illinois · Member since 2016 · 4k+ posts · 3k+ votes
    6y

    @Mauricio A.

    That stinks when there made about the non-renewel of the lease.  If they are responsible to pay the water bill and the water gets turned off for non-payment, the unit becomes uninhabitable and they will have to vacate.  The other choice is to serve them for not paying rent as @Mark H. had mentioned.  Of course, follow your state and local laws.

  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    6y

    You can serve them with an eviction.  Talking to them and explaining that if they don't pay the rent, that is your only option and you don't really want to put an eviction on their record...but you will if needed.

  • Rental Property Investor · TN · Member since 2018 · 2k+ posts · 2k+ votes
    6y

    Start the eviction process.  Get it on their record to save the next landlord from their game.  They are not trying to get you to start an eviction to stay longer without paying rent.  They could do that without an eviction if that is their game.  The would just not pay rent and stay.  BUT if you do not start the eviction now and they are planning on staying, then you have lost a month.

    You also might want to look at your reputation in the area.  Where I rent the tenants know which landlord will pay them to leave, which will let them skip out on the last rent and on trashing the place, and which wont, and will sue even if they have little change of collecting to get it on their record.  What reputation will you develop?  And is that the business model you want?

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