Really need help (eviction issue)

10 Replies

I have been renting my houses for 3 years.
But this is the first time I had to evict my tenant.

He is been late for 3 months.After the first month I called and he said he had had financial problems ,but he will pay me for both months
next deadline.
He never did.I tried to call him ,and no answer.
Also every time that i go to the property he has 2 other individual
living there who are not on the Lease
,,"what do I do with them"????

So I sent him a 30 Days notice(That's how it works in MIchigan).
He is supose to be out by september 1.

My question is "what do I do next,if he is still there"????

thank you in advance
:crying: :crying: :crying:

Time to talk to a real estate attorney about an eviction. :crying:

You need to be more proactive from the start though. Many people say rent is due the 1st and late on the 3rd or 5th. They send a Notice to Pay Rent or Quit immediately thereafter. If you're proactive and assertive from the beginning, people will know you mean business and be less likely to screw you. In addition, you won't have to wait 3 months for rent to come in - things will happen much quicker. In addition, you'll have documentation, because you'll send everything certified.

Medium fbprofileJoshua Dorkin, BiggerPockets | http://www.biggerpockets.com | Podcast Guest on Show #100

Yep, biggerpro hit it on the head, see an attorney first thing MONDAY.

One other point, NEVER believe a tenant's BS. If they CAN'T PAY one month now, they CAN'T PAY TWO MONTH'S next month.

good luck

frank

ALWAYS, ALWAYS, ALWAYS deal with a deliquent tenant ONLY when you have a court date...delaying filing the proper pay or quit and eviction court paperwork ONLY benefits the tenant.

If you want to stay a landlord, get a good L-T attorney - NOT a real estate attorney - and follow what the attorney does and go to each and every court date so that you learn what to do and how to do it....most states are fairly easy and the court paperwork is available online...just learn the ropes so you are not so fearful and don't loose months of rent to a "professional" tenant in the future. :welcome:

Josh is right on this. You have to be firm no matter how much you like the person or how much you believe them. If they don't pay by the end of the grace period, you need to immediately serve them a 3 day notice. It's not just about being tough - it's about your money. And every day you delay the initial warnings/notices is another day IF you end up having to evict, that you lose rent income. You can do this with or without an attorney.

I would like to turn you on to two resources: www.HUD.gov - the search for your state. This will list every legality and tell you what your rights are, what his rights are and empower you greatly.

I totally agree. I just evicted a tenant. His rent didn't show up on July 1st. I called July 2nd and told him if I didn't have all the rent and late fees by the 5th, I would start the eviction process. That's the law in my state. My attorney does about 40 evictions a week in my rental city. Find one that specializes in evictions. A friend of mine used her real estate attorney for an eviction and it took over 4 months.

My tenant told me he would be trying to get emergency assistance from Catholic Charities, Home Serve, and other agencies. I said that's fine, but I'll be filing the eviction on the 5th and if you come up with the money before the court date, great. He didn't. He's gone.

Never feel sorry for your tenants, because they will never feel sorry for you.

Since the year on the original post was 2005, I'm betting this tenant has already been evicted, or this landlord is no longer landlording...

I addition to the great input provided, one practice that that I put in place that yielded great dividends (rent getting paid) was as soon at the rent was late I would schedule a "safe and clean" inspection so that I had a reason to get into the property and remind the tenant(s) that I was not going away.

Regardless of the outcome of the inspection, I always found a reason to have to come back for a "reinspection" in a week.

My philosophy has always been that once a tenant got onto my radar screen I wanted to take as many actions as I legally could to keep them "off balance".

The "pay or quit", eviction notice or eviction filing, the inspections, once a week (or more) phone calls... all were intended to let the tenant know that they were under the microscope and would remain so until their rent was either paid or they were gone.

In at least 60% of the cases the rent was caught up. In about 90% of the cases, when a tenant was evicted there was very little damage, because we were in the property a lot prior to the eviction... and of course in some cases we never got the rent and ended up with a trashed property.

Didn't happen often though.

Pete

Peter, that's good advice. I wish I'd kept my last tenant under the microscope. I would have seen many things that were wrong in the house before they got the state they were in when I saw the place 6 weeks before the eviction.

The tenant had never complained before, never asked for anything. I thought that was great, so I left him alone. Big mistake. The next tenant in that house will get a monthly "meet and greet" until I feel secure that they aren't abusing the house.

I think if I were just getting started in REI I'd find a state where one doesn't need an attorney for evictions.

Here in NC just about anyone can 'represent' the landlord at small claims court.

Of course, while it saves an attorney fee, it's still a colossal waste of my time, plus the court fees.

My best success in court comes when there's a co-signer (the parents of college students, for instance). But try that with low income -- I actually had a mother LAUGH in her daughter face at the request.

Attorneys are not required by my state unless you're an LLC - which I am. My attorney charges $250 for the eviction, and I feel that's a small price to pay to have it done right the first time. My attorney does 40 evictions a week.

I can represent myself in small claims court. I don't expect to collect from a low/no income tenant even if I win, but if it helps another landlord to check their background and see the eviction, that's worth it.