Should I evict??

26 Replies

So one of my renters are over a month past due w/ $375 plus are now 10 days past due for this month. Total amount owed now is $975. They promised to pay total amount due on 9/12, but I still not heard from them. I have sent a text to ask if they have the money and they have not responded. Should continue to contact them and try to get any portion of what's due? Or just go ahead and pursue eviction Monday? Looking for options to try and work it out b/c at least they keep things clean. But this is becoming a habit every month w/ them being later and later.

Never wait to start an eviction. Start the process. It protects your rights in the event they don't follow through with their word to pay. Once you get the reputation of being a landlord that lets late payments slide and lets tenants go over a month without paying, you're in trouble (I've been there). You need to understand and your tenants need to understand that it's a business. If they don't pay the rent you can't pay your bills. Would your mortgage company just let you go a month without paying your mortgage without consequences?

eviction sucks. It's expensive but in this case you have to do it.

yep evictions suck, but giving them free rent sucks more!

Have you tired the 5 or 3 day (whatever your state does) pay or quit letter to see if that triggers a positive reaction.  

5 or 3 day? Not familiar with that?

This post has been removed.

@Shane Waller  You might want to consult a RE eviction attorney if you're not familiar with the eviction process in your state.  The first step in the eviction process (in FL) is to serve a 3 day notice for non-payment of rent.

@Shane Waller

Text messaging is not a good way to contact the tenant just go and talk to the renter in person and see if you can work things out.

Joe Gore

Originally posted by @Rob Beland:

Never wait to start an eviction. Start the process. It protects your rights in the event they don't follow through with their word to pay. Once you get the reputation of being a landlord that lets late payments slide and lets tenants go over a month without paying, you're in trouble (I've been there). You need to understand and your tenants need to understand that it's a business. If they don't pay the rent you can't pay your bills. Would your mortgage company just let you go a month without paying your mortgage without consequences?

 Exactly! Evictions take time and the more time you take the more money you lose. ALWAYS ALWAYS ALWAYS start the process the first day possible! You can always stop the process but the time you lose waiting is time/money you cannot recover. 

@Shane Waller  right now the tenant is so far behind they won't catch up. I agree to meet with them. No mater what they promise or even if they give you money but not all money owed, post the 3 day notice. There is likely a form for this that is required by your local court system. You have to use the correct form and fill it out correctly. It's not hard but you have to do it right. That is the first step in the eviction process. If they don't respond to that (pay up), file for eviction. Since you seem unfamiliar with evictions, hire an attorney for this. You want to find the local attorney that specializes in evictions (if you are in a larger area there may be two or three. If you can see local court records on line that is the easiest way to find them. Ask other local landlords is also a good way. These attorneys know the system inside out and know the people (judges and clerks). 

I used to own 7 apartment complexes, around 2,500 units, and evictions was part of my every day business.  Tenants have so many rights and the eviction process can be expensive and stressful.  My recommendation is to offer him a few buck to move out and tell him that you understand that he is going through a hard time and see if he can voluntarily move out.  A large percentage of tenants that I filed for eviction ended up trashing the apartment which cost me thousands. Eviction process can take months and there are those who know about eviction laws more than attorneys. Wish you luck.  Attached is a blog I recently wrote about owning rental properties and evictions. 

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If reasoning with the tenant does not work out, then you have no choice but to start the eviction process.  Keep in mind that you cannot shut off the water, utilities, etc.  Until the sheriff comes over and gets his crap out of the house, he has rights.  I have seen too many cases where the landlord changed the locks, shut the water off, cut off the electric, etc.  In many counties, they have a moratorium on evictions during the winter.

Gustan Cho

Thanks guys will be going down Monday to get things rolling. I hate to do it but can't keep putting up with the lies that they will pay you this week and all the other problems they say there having. Bottom line I have bills and a family also, so thanks for all the confirmation. I will keep u posted.

Well they paid up this month, but I will take the advice from you guys if it happens again and start the evinction when needed.  thanks for the imput.

Evict..and i didnt even read it

Eviction served now hoping they will move out before writ has to be served.  Thanks..........

Originally posted by @Shane Waller :

So one of my renters are over a month past due w/ $375 plus are now 10 days past due for this month. Total amount owed now is $975. They promised to pay total amount due on 9/12, but I still not heard from them. I have sent a text to ask if they have the money and they have not responded. Should continue to contact them and try to get any portion of what's due? Or just go ahead and pursue eviction Monday? Looking for options to try and work it out b/c at least they keep things clean. But this is becoming a habit every month w/ them being later and later.

my first rental (landlord by default) I accepted the first person who walked in and said they would take it house was filthy and I was in the middle of working on it. (I was young and dumb).

They are late EVERY month, for the last 3 years.... but they always pay. The reason they always pay is because I make it very obvious that I will be at their door every night, sometime multiple times a day, texting and calling, their work included, I will show up. To ensure everyone knows they are late on rent. I get the money every time. but its work. I send evection notices once they hit about 20 days late. Ive even had it served by the Sharif ( small fee in my county). 

In my opinion, go overboard on contacting them. make it obvious that they owe you money and they have your attention. meanwhile proceeding with the eviction. make sure its obvious that you are proceeding with the eviction. My rentors are actually decent renters, its just everyone and a while they test the limits, that is when I "go overboard".

2 more years then i can sell this property for a loss i can afford to take. cant wait.

Originally posted by @Shane Waller :

Eviction served now hoping they will move out before writ has to be served.  Thanks..........

Hey Shane! This is December 1 and your prior post from late September said that the tenant paid and was caught up with the rent. What happened in between? Did you serve the notice to Pay Rent or Quit (or whatever it is called in your jurisdiction) and on what date? Do you already have court dates? Do you already have a sheriff lock out date? Did the tenant pay on time in October and November? Are you trying to do this alone, or are you working with a good attorney (one the specializes in landlord-tenant law)? Wishing you the best!

Hi @Shane Waller    :)

It sounds like the tenant is terribly inconsistent but pays eventually. So are you getting rent plus lots of late fees? I'm not sure how lengthy and expensive the eviction process is in your state but in Alabama it can be quite painful. If I have a tenant who takes care of the home and pays but always pays late, I want to keep that tenant. Of course continue with your late notices, phone calls, texts, etc but ultimately do not evict unless you see signs that the tenant has quit paying any significant amount. You can serve that 7-day notice to evict (or whichever notice you use) every single month if you need to. I would just tell the tenant this notice is the first step in the eviction process and if he or she wants to stop the eviction process, the rent and late fees must be paid. This might be a monthly cycle but you will avoid eviction fees, rent loss due to vacancy, make ready/ repair cost, marketing for a new tenant cost. And you will receive your rent plus extra revenue from late fees. Many investment groups factor the collection of a target amount of late fees into the annual budget hoping that tenants pay late a number of times. The collection cycle can be a bit of a headache for tenants like this but you could always get a property manager.

Deedee

What is the eviction time frame for your state? In Indiana we can get a renter out in 3 weeks. A landlord conscious state, unlike Illinois. 

In NC, they have 10day grace and after that I can start eviction.  They have 10days after court date to appeal, and if not I have to wait 10 more days to get a writ and have them removed if they have not moved. They started moving out but have not completed moving yet. They are at there 10days in one more day, so I may have to go to the Clerk of Court and pay $55.00 and have the removed.  And Deedee Assaad i like you will try to keep them even when late, but they have made there statement to me this time and I have to proceed with eviction. I have gotten late fees from them in the past from them also. 

Went by property today they have moved out everything not that bad, but will need to paint and they pissed me off and stole my fridge and left a crappy one there. I contacted them and they said that mine stopped working and they replaced it. Just another lie. Should take the m to court ???

Shane - having just contemplated court (for very different reasons - specific performance), I can say it is probably not worth going after them. It will cost you more in the end. Did you have a security deposit?

On the positive side, these guys are now out of your property. 

I'm about to start renting my first property soon, but am already committed to not letting any renter slide for more than 5 days, ever. From what I understand, it is always best to post notice of eviction immediately. 

I'm curious if after this experience, do you plan to be less lenient with future tenants?

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