Tenant not responding to new lease

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Tenant not responding to new lease

Todd Kozak
Investor · Saint Louis · Member since 2020 · 55 posts · 20 votes

The tenant hasn't signed the new lease and hasn't responded to my texts!

Background:

1. Bought a house a little over 2 months ago. Got a decent deal which is because there is already a tenant living there. She is a hoarder. She's been there 12 years and won't want to move. I took the risk to get the good deal.

2. Due to backlog of evictions, I'd rather keep her another year, give her ample time to find a new place, then in a year I can update the house and turn it into a nicer rental property which is the goal in the first place.

2. She did pay rent the first 2 months. September rent is late and it's the last month of the lease.

3. I mailed her a new lease 3 weeks ago and asked for a response by 9/01. We text but can't get the doc to transfer via text and do not have her email address.

4. Lease is $50/M more which is still under market value

5. No response. Texted her last weekend and nothing. Also no September rent yet.

Is there anything else I should do to prepare myself for 10/01 to come and I have no rent, no new lease signed and she still lives there? I know once it's October I can have a lawyer help with starting an eviction process if necessary.

What documentation should I be doing right now? What can I legally do since the old lease isn't up yet?

1Reply
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Catherine Emert
Realtor · Bend, OR · Member since 2018 · 323 posts · 224 votes
5y

I would post notice to enter rather than just stopping by. If she gets the notice and calls you to say no you can discuss. If she doesn't say no then you can go to the property with the notice and have legal documentation that it was posted and that you informed her that you were coming. 

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  • Brendan Miller
    Rental Property Investor · Gilbert, AZ · Member since 2020 · 210 posts · 163 votes
    5y

    @Todd Kozak, not sure if the property is local or not, but if so I'd try stopping by in person to discuss. In person discussions are harder for people to avoid than text and phone calls in my experience.

    0Reply
  • Todd Kozak
    OP
    Investor · Saint Louis · Member since 2020 · 55 posts · 20 votes
    5y

    @Brendan Miller yes less than 10 minutes away. I drove by yesterday to check thing out, grass getting a little long! Yes I may just stop by but want to prepare myself if this gets messy and I have to evict.

    0Reply
  • Catherine Emert
    Realtor · Bend, OR · Member since 2018 · 323 posts · 224 votes
    5y

    I would post notice to enter rather than just stopping by. If she gets the notice and calls you to say no you can discuss. If she doesn't say no then you can go to the property with the notice and have legal documentation that it was posted and that you informed her that you were coming. 

    3Reply
  • Brendan Miller
    Rental Property Investor · Gilbert, AZ · Member since 2020 · 210 posts · 163 votes
    5y

    @Todd Kozak, if they don't respond, then I'd recommend communicating that if you don't hear from them, then you'll have to assume they aren't interested in resigning and that'll you be looking to sign a new tenant come 10/1. You should be well within your rights to head down that path, but I'm not sure what your state specific tenant laws are. The tricky part would be if they don't move out, then you'd likely have to look into the formal eviction process or a cash for keys type of arrangement. Another option, some leases often have an emergency contact listed (not sure if yours does), but that could be another option to reach out to their emergency contact, and indicate that you haven't been able to get ahold of them and just want to make sure they are OK

    3Reply
  • Todd Kozak
    OP
    Investor · Saint Louis · Member since 2020 · 55 posts · 20 votes
    5y

    @Catherine Emert what is a "post notice to enter"? Mail her something that states I will be visiting on day abc at time xyz?

    0Reply
  • Todd Kozak
    OP
    Investor · Saint Louis · Member since 2020 · 55 posts · 20 votes
    5y

    @Brendan Miller perhaps I will mail another lease, this time as certified mail to prove she got it, can include when I plan to come by, and include documentation that if she doesn't respond then she is out 10/01 and I am finding another tenant.

    1Reply
  • Karl B.
    Rental Property Investor · Erie, PA · Member since 2015 · 1k+ posts · 2k+ votes
    5y

    Post a note on the tenants' front door stating to call you A.S.A.P. to discuss the lease. If you don't receive a response after 48 hours and the note is no longer there then give them their 30 day notice (whatever time frame is legal in your area). 

    I guarantee they'll call you then. 

    3Reply
  • Scott Mac
    Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes
    5y

    So this renter cannot pay (is not paying) the current rent and you send a rent increase--and expect WHAT?

    If it were mine, I'd be getting ready financially and physically for a turn, and to re-advertise the unit.

    0Reply
  • Catherine Emert
    Realtor · Bend, OR · Member since 2018 · 323 posts · 224 votes
    5y

    @Todd Kozak in Oregon you post the notice with a date and time that you will be entering to the front door. Take a photo of it. Check in your state how you are required to give notice. 

    1Reply
  • Dan Schwartz
    Real Estate Investor · Tempe, AZ · Member since 2012 · 874 posts · 648 votes
    5y

    Has she been given a five day notice to pay or quit? (Or equivalent in your state)

    Is she expecting, like many tenants do, that you’re just going to apply the security deposit to the last month’s rent?

    Has she lost her phone amidst the stacks of boxes and piles of old papers?

    0Reply
  • Todd Kozak
    OP
    Investor · Saint Louis · Member since 2020 · 55 posts · 20 votes
    5y

    @Scott Mac I have only owned the property 2 months and she has paid the last 2 months. Lease is up end of this month. She hasn't yet paid September, possibly she mailed it 9/01, possibly she is angry at the rent increase.

    I bought this expecting I may need to evict her so yes I am planning how to prep for that. That's what I was looking for is advice to prep for that.

    1Reply
  • Todd Kozak
    OP
    Investor · Saint Louis · Member since 2020 · 55 posts · 20 votes
    5y

    @Dan Schwartz her lease is 12 years old and the former landlords kept extending it so the lease is kind of crap but it ends anyway this month.

    No security deposit as it was paid years ago to someone else and she would not get it back anyway - the place is not in great shape.

    I did not send a 5 day notice to pay or quit. This is what I'm trying to figure out. She still has a month on the lease. Seems like sending her another lease with notice that if she doesn't respond then I'm getting another tenant 10/01 is what I should do. Then on 10/01 start the eviction process.

    0Reply
  • Scott M.
    Real Estate Broker · Rochester Hills, MI · Member since 2009 · 2k+ posts · 2k+ votes
    5y

    You said "we text".  So do you have open communication with her about everything except the lease?  A bit confusing.

    That said, you need to get on this as the clock is ticking and before you know it months will have passed.  You 100% need to be knocking on the door and you have a great holiday weekend to do just that.  As others have said, don't just knock, leave the 3/5/7/10 day notice (whatever you do in your state) that you will not be renewing her lease.  Doesn't mean you have to follow through with that but you need to try and get their attention.  Try everything you have to do that.  

    2Reply
  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    5y

    @Todd Kozak its 9-3, what does your state say about grace periods. Here we have to give 5 days before a late fee.   Then you have a timeline to post pay or quit notice.  So, you have two issues not paying this month yet and not signing a lease.  

    Three things are needed:-post a pay of quit notice when state law allows, -post a notice to enter in whatever timeframe is required (probably 24-48 hours prior), -send the lease certified mail.  You should get a response out of one of those.  You might also not text and actual call her or hand deliver the lease. She might just sign it. In order to evict you need to send proper timely notices.  

    1Reply
  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    5y
    Originally posted by @Todd Kozak:

    @Catherine Emert what is a "post notice to enter"? Mail her something that states I will be visiting on day abc at time xyz?

     Is this your first rental?

    0Reply
  • Lev Gevian
    Attorney · Granada Hills, CA · Member since 2015 · 12 posts · 9 votes
    5y

    Following to see how this develops as I'm looking into STL SFR.

    0Reply
  • Todd Kozak
    OP
    Investor · Saint Louis · Member since 2020 · 55 posts · 20 votes
    5y

    @Scott M. Since I've owned it (6/30) she is somewhat responsive to me via text. Hasn't answered the couple phone calls. Text response is a couple days later. Last text she responded was when we discussed me mailing the lease to her. Crickets since.

    Thanks for the advice.

    0Reply
  • Todd Kozak
    OP
    Investor · Saint Louis · Member since 2020 · 55 posts · 20 votes
    5y

    @Bruce Woodruff it's my 5th (sold one so down to 4). I am thourough and particular with who I let rent so I have great tenants. Therefore I haven't had to deal with posting a note. This one was bought with a tenant so I knew it would be different. Anyway that's why I haven't dealt with or heard of posting note.

    0Reply
  • Todd Kozak
    OP
    Investor · Saint Louis · Member since 2020 · 55 posts · 20 votes
    5y

    @Lev Gevian I'll post what I end up doing and how it works out

    0Reply
  • NA Jeff
    Member since 2021 · 4 posts · 1 vote
    5y

    HAve you tried making a more in person friendly gesture?

    Get to know her see how she is doing, ask her if you can be of some help to her.

    Make a friend, show up with coffee and donuts, chat , be a person to her , not a landlord to ditch, help each other. Together figure out what can work for both of you as new friends. 

    What do you have to loose, some donuts an hour of being a friend?

    Try it.

    1Reply
  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    5y
    Originally posted by @NA Jeff:

    HAve you tried making a more in person friendly gesture?

    Get to know her see how she is doing, ask her if you can be of some help to her.

    Make a friend, show up with coffee and donuts, chat , be a person to her , not a landlord to ditch, help each other. Together figure out what can work for both of you as new friends. 

    What do you have to loose, some donuts an hour of being a friend?

    Try it.

    I wouldn't try it. She's a hoarder. get her out ASAP.... 

    PS - Don't be friends with your business associates. This is a business...run it like one.

    1Reply
  • Matt M.
    Specialist · Easton, PA · Member since 2018 · 1k+ posts · 2k+ votes
    5y

    @Todd Kozak

    30 Day notice to quit. Get out, and take all your garbage with ya!

    1Reply
  • Lynnette E.
    Rental Property Investor · TN · Member since 2018 · 2k+ posts · 2k+ votes
    5y

    You texted and hard copy mailed her a copy of the lease.  If she was interested in signing it, she would have.  Give her the notice that she is late on paying her rent.  File for an eviction when the time is up.  You really should not have even offered a hoarder a lease, and you really do not want  a tenant that does not respond to you, like she is doing.  When you give her the rent is late notice, tell her that since she did not sign the lease, the offer of a lease is withdrawn and here is her notice to vacate on the 60 day notice date...and that rent is still due monthly until she is gone.

    BTW , it is highly likely she should get much of her security deposit back.  You are the new landlord and so are responsible to give it back to her and you should have received it from the old landlord when you bought the house, so look at your paperwork of that sale.  Even if you did not get the security deposit when you bought the property, if she can prove she gave one and how much, she has a claim.

    Now, why should a hoarder get the deposit?  Well, she lived there for 12 years.  The paint is due to be redone, same with the carpet.  Even most faucets, lights, and appliances would be at the end of their lives.  Quite possibly the cabinets and counters.  Unless she punched holes in the wall, and leaves a bunch of trash and junk in a messy house, it would be hard to argue that the dirty walls, worn fixtures, filthy carpet is her problem.  They are all past their useful life.

    1Reply
  • Fred Cannon
    Rental Property Investor · St Augustine, FL · Member since 2019 · 264 posts · 279 votes
    5y

    @Todd Kozak. I would hire a lawyer and start the eviction process. If the lease has expired and she is not responding and not paying rent then you really have only one option. I have done one eviction myself and it was a long drawn out affair. After that I use a lawyer, I first communicate that I am starting the eviction process and explain that they will be getting notice from lawyer within 3 days. If you try to

    Do it yourself it will take 3 months and way to many phone calls.

    1Reply
  • Al Pat
    Rental Property Investor · Atlanta, GA · Member since 2016 · 325 posts · 253 votes
    5y

    @Todd Kozak I always prefer to place my own tenants. Instead, just give her a lease termination notice and then if she don’t move, three day notice and file eviction. This eviction will be for HOLDING over so, not impacted by any local moratoriums. Find a decent tenant that you vetted out at market rate. She will eventually move anyways, so why not now?

    0Reply
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