Tenant Behind on Rent and Doesn't want to Move

General Landlording & Rental Properties
6yFollow

Tenant Behind on Rent and Doesn't want to Move

Jinyu Shao
Member since 2018 · 22 posts · 5 votes

Hi all, 

I have tenant who is renting out a room in my house. She's just renting out the room for herself and she has been behind on rent for three months. 

She has been slowly paying couple hundred dollars every few weeks and it's been going for months now. She has a lease which is expiring in June. Her financial situation didn't seem to have improved and she is still perpetually behind on her rent. 

I don't want to involved an attorney because the eviction process in New York is so complicated and costly that it's not really worth it. I spoke with her once and she mentioned that prior to this she was living in a shelter. I sympathize with her situation and has been trying to find a solution that works for both of us. So far no much has changed, she's still behind on her rent and there isn't much we can do. 

Has anyone else dealt with similar situation/tenant before? What can I do to get her to move out without going through an eviction.

Thanks!

Jinyu

1Reply
20 views

Most Popular Reply

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

Offer her a bit of money to move out or tell her you are going to have to evict her.  The longer you let this drag on, the worse it is going to get.  If she can't get her act together in 3 months, she isn't going to...trust me.  She can find a friend or family member to stay with or a less expensive place.  If she's working, she should be able to afford the rent on a single room.

2Reply
See this reply in the discussion

12 Replies

Jump to latestLatest
  • Sandy Gabin
    Rental Property Investor · Lawrence, MA · Member since 2020 · 252 posts · 153 votes
    6y

    Did she sign a sublease agreement? Have you thought about giving her some cash so she can move elsewhere? Does she have family elsewhere?

    0Reply
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    6y

    Offer her a bit of money to move out or tell her you are going to have to evict her.  The longer you let this drag on, the worse it is going to get.  If she can't get her act together in 3 months, she isn't going to...trust me.  She can find a friend or family member to stay with or a less expensive place.  If she's working, she should be able to afford the rent on a single room.

    2Reply
  • Ronan DonnellyPro Member
    Investor · New York City, NY · Member since 2012 · 332 posts · 385 votes
    6y

    I agree with @Theresa Harris, cash for keys is the way to go. Don’t let someone else’s’ problems become yours.

    [email protected]
    1Reply
  • Stephen J DavisBusiness Member
    Rental Property Investor · Houston, TX · Member since 2017 · 529 posts · 467 votes
    6y

    You need to start the eviction process immediately to cover you butt. Then offer her a little money to get into a new place and try to get her out on her own. Call the judges office that will handle the eviction and they will tell you the steps you need to take and what the judge expects. If she moves out (which I doubt she will) just stop the eviction. If she doesn't then at least you have the eviction started.

    0Reply
  • Jinyu Shao
    OP
    Member since 2018 · 22 posts · 5 votes
    6y

    @Theresa Harris You're right. It's been months and the situation is really quite frustrating to deal with.

    @Sandy Gabin She does have a lease. She mentioned she has family in Atlanta but she seems to want to stay in New York.

    Thanks all for the reply. Seems like cash for keys is the best strategy moving forward. I'm currently helping her find a room in New York. I've been sending her links but I'm not sure if she's actually going to see them. She seems to be really dragging her feet. Hope some cash incentive will work. 

    0Reply
  • Jeff Ronningen
    Investor · Cincinnati, OH · Member since 2015 · 242 posts · 182 votes
    6y

    @Jinyu Shao. Talk to her about it without being a pest or confrontational. Ask “when do you anticipate making your next payment and for how much?” “I’m trying to plan my bills, can you update me on the status of catching up with your payments?” If you can keep getting paid and make slow progress catching up that’s your best scenario. You only have a few more months then it should be over.

    0Reply
  • Larry Alexander
    Fort Collins, CO · Member since 2019 · 158 posts · 117 votes
    6y

    IMHO your helping her find a place isn't a good business decision. Instead of trying to make her like you, be a good friend by starting the eviction process, then offer cash for keys. The more you coddle this tenant, the easier it will be for her to take advantage of you.

    If you want to be generous with your time and money, I suggest you find a charity that appeals to you and donate there. I like Shriners and St. Judes.

    0Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    6y

    Most tenants know right from wrong and will comply if you stand up to them. Give her written notice to vacate by the end of February. Make it clear this is non-negotiable. If she fails to leave, you will hire an attorney to evict her and charge her for every dime owed. She can leave on good terms and get a deposit back or she can make it difficult and expensive for both parties.

    You'll have to toughen up if you want to be successful as a Landlord.

    The DIY Landlord Book4.7248 Reviews
    WebsiteView Page
    1Reply
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    6y

    Tell her she needs to pay in full by the 15th or be out by the end of the month.  You need to be firm and don't listen to any stories she tells as they are unlikely to be true.

    0Reply
  • Adam Leitman Bailey
    Attorney · New York, NY · Member since 2019 · 72 posts · 27 votes
    6y

    You can have an attorney write them a legal letter to assist with the process a bit, otherwise as others have said a buyout could be effective.

    0Reply
  • Jinyu Shao
    OP
    Member since 2018 · 22 posts · 5 votes
    6y

    I think I'll give her a deadline and the option of cash for keys. I really think it's not worth it to actually proceed with the eviction process, but it's a good tool to get the tenant to finally take action. 

    Thank you all for the input!

    1Reply
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    6y
    Originally posted by @Jinyu Shao:

    I think I'll give her a deadline and the option of cash for keys. I really think it's not worth it to actually proceed with the eviction process, but it's a good tool to get the tenant to finally take action. 

    Thank you all for the input!

     The thing to remember with the eviction is it follows them and helps future landlords run into the same problem.  Good luck.

    0Reply
Join the conversationCreate a free account to reply, vote on answers and follow this thread.
Log InJoin for Free