Tenant not paying rent, eviction process

Joe S.Pro Member

Investor · San Antonio · Member since 2020 · 3k+ posts · 3k+ votes

1y

I am a new real estate investor, I have two properties. Both tenants have their lease up and I gave them new leases. Tenant A received the lease and did not pay or acknowledge she is going to sign. Tenant A has been a problem with not paying in the past, I went to the eviction office today and filed an eviction for Tenant A.

I just bought another property for a house hack and gave lease agreements to all the tenants. This one tenant is giving me some serious problems (tenant B). Tenant B is on Month to Month with the original seller, I gave Tenant B the lease agreement for month to month, I signed it and was waiting for her signature. Tenant B signed it but added an additional clause. The contract is now void. I am going to give tenant B a 30 day notice. I may have to file for eviction.

My question: Even with eviction notice or 30 day notice, does the tenants have to pay for rent? If they do not, how would I get the rent from them? If they do more damage to property than security deposit, can I go after them for rest of payment for damages? What would be the next step?

Contact an eviction attorney that handles evictions in your area. After the evictions put your properties with a property management company.

Some property management companies might actually do the eviction for you if you go ahead and sign up with them.

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Kevin Oh
OP
Member since 2023 · 11 posts · 6 votes
1y
Quote from @Joe S.:

Quote from @Kevin Oh:

I am a new real estate investor, I have two properties. Both tenants have their lease up and I gave them new leases. Tenant A received the lease and did not pay or acknowledge she is going to sign. Tenant A has been a problem with not paying in the past, I went to the eviction office today and filed an eviction for Tenant A.

I just bought another property for a house hack and gave lease agreements to all the tenants. This one tenant is giving me some serious problems (tenant B). Tenant B is on Month to Month with the original seller, I gave Tenant B the lease agreement for month to month, I signed it and was waiting for her signature. Tenant B signed it but added an additional clause. The contract is now void. I am going to give tenant B a 30 day notice. I may have to file for eviction.

My question: Even with eviction notice or 30 day notice, does the tenants have to pay for rent? If they do not, how would I get the rent from them? If they do more damage to property than security deposit, can I go after them for rest of payment for damages? What would be the next step?

Contact an eviction attorney that handles evictions in your area. After the evictions put your properties with a property management company.
Some property management companies might actually do the eviction for you if you go ahead and sign up with them.

I will have to find a good property manager in south carolina. I want to try managing them on my own to gain experience and knowledge about owning a business. Any tips would help.
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Adam BartomeoBusiness Member

Real Estate Broker · Cape Coral, FL · Member since 2015 · 2k+ posts · 1k+ votes

1y

In every state that I have lived in, including NY, the tenant is responsible to pay the rent as long as they are still occupying the property. Yes, you can sue them for damages and money owed. The first step is normally posting a notice or sending it certified mail. For tenant two, having a conversation of their intent is a very good second step. If you feel like they are going to fight you should be prepared for another eviction.

[email protected]239-339-3969

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Jill F.

Investor · Akron, OH · Member since 2016 · 2k+ posts · 4k+ votes

1y

The landlord should ALWAYS sign the lease last. otherwise the tenant could make changes without your permission and you already signed. Yes, the tenant is still contractually obligated to pay rent, but you'll have to use the civil court process to collect. The eviction process varies from state to state, county to county, and city to city. You'll need to learn the rules everywhere you do business.

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Drew SygitBusiness Member

Property Manager · Royal Oak, MI · Member since 2012 · 12k+ posts · 9k+ votes

1y

@Kevin Oh going to guesss you've purchased Class C properties.

The issues you are experiencing are common for the correspponding Class C/D tenants that Class C properties attract.

Recommend you NEVER sign a lease first! You only sign AFTER the tenant signs.

Tenant A: are you sure the lease you took over from the seller didn't automatically renew?
- You legally have to assume any existing lease contract when you buy a property.
- What are the differences between your lease and the seller's lease?
- Many Class C/D tenants are intimidated by legal paperwork. So, you may need to meet with them to go over the lease to explain it to them and address their concerns.
- Be prepared for a list of maintenance complaints!

Tenant B: again, what makes you think the existing lease contract is up?
- What is the additional clause the tenant added and how reasonable is it?

Seems you may be too authoratative in your approach which these tenants. Tenants want to be treated like people, not just dictated to and treated like numbers.

Yes, that means sometimes you have to listen to their complaints and such for 10-20 minutes, but property management is a relationship business.

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Kevin Oh
OP
Member since 2023 · 11 posts · 6 votes
1y
Quote from @Drew Sygit:

@Kevin Oh going to guesss you've purchased Class C properties.
The issues you are experiencing are common for the correspponding Class C/D tenants that Class C properties attract.
Recommend you NEVER sign a lease first! You only sign AFTER the tenant signs.
Tenant A: are you sure the lease you took over from the seller didn't automatically renew?
- You legally have to assume any existing lease contract when you buy a property.
- What are the differences between your lease and the seller's lease?
- Many Class C/D tenants are intimidated by legal paperwork. So, you may need to meet with them to go over the lease to explain it to them and address their concerns.
- Be prepared for a list of maintenance complaints!
Tenant B: again, what makes you think the existing lease contract is up?
- What is the additional clause the tenant added and how reasonable is it?
Seems you may be too authoratative in your approach which these tenants. Tenants want to be treated like people, not just dictated to and treated like numbers.
Yes, that means sometimes you have to listen to their complaints and such for 10-20 minutes, but property management is a relationship business.
Thank you for your input, I do not think I am too authoritative. I may need to assert more authority. I talk to my tenants, tell them that I am willing to work with them. Helped a few tenants feel more at piece because the original owners were slum lords. Some tenants were helpful while these two were the exception. I worked with Tenant A when she couldn't pay rent due to a family death. I tell them that I will fix up the repairs but the rent will increase. Rent is under market value but I am still cash flowing.

I know now to never sign a lease first, I am new to the business and would love to learn more. My goal is to have affordable living for all kinds of people while I can still cashflow or break even. This may not be the best approach but I have to start somewhere. Any tips would be greatly appreciated.
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Troy GandeeBusiness Member

Real Estate Broker · Charleston, SC · Member since 2013 · 794 posts · 454 votes

1y

@Kevin Oh What we usually do with M/M tenants is give them a 30 days notice AFTER they've paid their rent for that month. That's just to make sure we get that month's payment. Often they don't leave on their own volition after that 30 days, so we do have to start the eviction process, but most magistrates don't have issues with M/M leases because the agreement technically expires at the end of each month and then renews every month until one party gives notice that they will be vacating. We usually see those tenants will vacate once the eviction notice has been delivered, but we have had to evict them before. We generally don't have any issues from the judge in those cases, but do have to wait through the process for the constable to do the put out. It can take anywhere from 14-30 days depending on the circumstance. It can take longer if the tenants requests a public defender, but usually not a tremendous delay.

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Kevin Oh
OP
Member since 2023 · 11 posts · 6 votes
1y
Quote from @Troy Gandee:

@Kevin Oh What we usually do with M/M tenants is give them a 30 days notice AFTER they've paid their rent for that month. That's just to make sure we get that month's payment. Often they don't leave on their own volition after that 30 days, so we do have to start the eviction process, but most magistrates don't have issues with M/M leases because the agreement technically expires at the end of each month and then renews every month until one party gives notice that they will be vacating. We usually see those tenants will vacate once the eviction notice has been delivered, but we have had to evict them before. We generally don't have any issues from the judge in those cases, but do have to wait through the process for the constable to do the put out. It can take anywhere from 14-30 days depending on the circumstance. It can take longer if the tenants requests a public defender, but usually not a tremendous delay.

Thanks for the information! Have you had a tenant not pay and then you had to evict them? If so, how did you get the payment or did you just have to eat the cost?
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Troy GandeeBusiness Member

Real Estate Broker · Charleston, SC · Member since 2013 · 794 posts · 454 votes

1y

@Kevin Oh Yeah. It happens all the time. Especially if we give notice of non-renewal through the 30 days notice with M/M. I would suggest you continue the eviction based ONLY on the 30 days notice to vacate through the M/M lease. Non-payment issues can be a lot more complicated and magistrates are more likely to try to work out some sort of payment plan or something between the 2 of you to keep the tenant in the home. Especially if the tenant requests a free public defender, which can make it more difficult to evict based on payment issues. If the tenant can show that they're trying to pay you with reasonable efforts, the judge may give them extra time to try to make the payments. If you only file because you want to reclaim possession by not renewing them any further, the money issue just doesn't come into play. It's more cut and dry to say the agreement is expired and you want the unit back in your possessions so you can sell, renovate, rent out again, etc.

1 Reply

Kevin Oh
OP
Member since 2023 · 11 posts · 6 votes
1y
Quote from @Troy Gandee:

@Kevin Oh Yeah. It happens all the time. Especially if we give notice of non-renewal through the 30 days notice with M/M. I would suggest you continue the eviction based ONLY on the 30 days notice to vacate through the M/M lease. Non-payment issues can be a lot more complicated and magistrates are more likely to try to work out some sort of payment plan or something between the 2 of you to keep the tenant in the home. Especially if the tenant requests a free public defender, which can make it more difficult to evict based on payment issues. If the tenant can show that they're trying to pay you with reasonable efforts, the judge may give them extra time to try to make the payments. If you only file because you want to reclaim possession by not renewing them any further, the money issue just doesn't come into play. It's more cut and dry to say the agreement is expired and you want the unit back in your possessions so you can sell, renovate, rent out again, etc.

This is the current situation. I gave the tenant a Notice to quit due to non payment but she slammed the door instead of taking the paper. I gave her a verbal agreement to help her situation. Pay first half of rent in the beginning of the month, second half including a late fee of 3 dollars per day before the 15 of the month. I expressed to her that the mortgage payment is due on 15 of every month. On the 15, I checked in my mail box for payment......nothing and no contact from tenant. On the 16, I texted her about the payment with late fees, gave me the remainder of the payment without late fees.
She informed me that she was going to tell everyone that leases from me the "full story."
What would be the next step?
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Larry Myer

Real Estate Coach · Nationwide · Member since 2014 · 12 posts · 12 votes

1y

Im in Kansas City Mo and I am sure evictions are just as fun everywhere....

Total agreement,,,NEVER sign first. I am in class C and D properties. I always do month to month. A lease will never hold anyone in my part of town. If they want to leave they will. On a month to month your lease term ends at the end of each month and automaticaly renews unless either of you give notice on the last day of the rental perion. I can raise the rent every month if I want (with proper notice). I can terminate your lease simply by giving you written notice. I do not have to give a reason. They have 30 days to vacate and if not we file whats called an unlawful detainer. They are no longer are tenants but holdovers. Double rents on the judgment. Good luck collecting.

Yes they are required to pay rent once you file for eviction.

At renewal if a longer term lease I always sit in front of them and explain the rent increase, change in terms or other issues. If they own money that has to be paid in full prior to a new lease being issued. You notice them you will not be renewing.

Hire a management company but let them know that you are new and you want to learn. Go with them on leasing appointments, maintenance calls or property inspections. If they think it is too much of a hassle for them find someone else. They work for you.

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Tenant not paying rent, eviction process

Tenant not paying rent, eviction process

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