All Forum Posts by: James Back

@James Back I've experienced late payments a few times (but luckily, it's a rare occurrence for me). In this situation, you 100% want to find the easiest legal way to part ways with the tenant, and pursue that strategy as fast as possible.

Your lease should have a comprehensive section describing what happens when a tenant is late on rent, and the fees that will be charged if rent is late. This section needs to be based on local laws about late rent fees. The laws about late fees, and whether a landlord can deduct late fees from a security deposit, are different in different states, so you'll need to design your lease accordingly so that it's not in violation of any local laws/regulations. Assuming your state allows you to charge late fees, charge the late fees exactly as described in your lease every time rent is late--no exceptions.  ...if your lease doesn't already have a section like that, have an attorney help you add one...

As others have mentioned, the late rent alone is reason enough to want to part ways with these tenants. Moreover, the situation with these tenants will probably only get worse, not better--in my experience, when a tenant is repeatedly late on rent, and is OK living in filth and with bugs, that's how they'll always be--they're not going to magically start being responsible, paying on time, and cleaning up your property.

You may not need to go through the whole process of eviction--there are often easier, faster ways to get a tenant to leave (e.g.; cash for keys)--but again, you need to follow your local laws on this topic...but, it's worth studying up on whether there are legal ways of getting a tenant to leave other than the full eviction process (I suggest that ALL landlords familiarize themselves with this, even if they've never had an issue with a tenant).

Once the tenant is out, rehab the property (which may include a deep clean or a more in-depth remodel), bring in the pest control guys to eradicate the roach problem, and try to bring the property up to a level that will attract responsible, reliable tenants who won't cause this type of problem again.

Good luck out there!

No you should certainly not file eviction on these tenants.  When you file based on late rent or bad conditions they are going to get the opportunity to come up with the late rent or clean  up to help get rid of the bugs but I'm willing to bet if they are able to you will be in the same situation again shortly.  Many landlords on this site like m2m because either of you can terminate a lease for no reason or any reason at all, especially helpful with inherited tenants who you didn't screen and don't know.  Just send them either a 30 or 60 day notice of non renewal whatever is needed in your area and let that be that.  If they do not leave that is when you evict as holdover is not curable and you will win.  They had their chance and didn't take advantage of a landlord still offering a discount so now it's time to move on.  I honestly can't see a reason to keep them. They are not keeping up with the property, under mkt rent, pay late, and are so bad really they are getting over 1/2 off since you can't rent another unit until they clean up their act and won't.  I'm just curious on why you think there may be a redeeming chance as you asked if you should vs. how to get rid of them.  There are plenty of people who deserve quality housing and I'm not going to deprive them of that to support someone less than ideal in my property.  

Hi, James!

Eeeek. I have experienced this in the past with a tenant that lived on the third floor, and their infestation ran down into the second and first floor apartments below, as well as the neighboring third floor apartment - and ALL were occupied. So, first thing is first, you've addressed the pest issue, now it's time to hire a professional, serve notices to the tenants and (at least in NC) they cannot refuse treatment, they will be responsible for the bill. Next, the issue on nonpayment. I did a little research on the rules for OH and from what I found it's similar to NC, the grace period looks to be 3-days versus our 5-days. So you have started on the right track! Fill out the paperwork, serve the tenant, attend trial (unless they leave willingly), and wait for judgement. Did you maintain the lease agreements that were in place when you purchased the property/inherited the tenants or did you begin new? I'd be happy to hop on a call or discuss via email to assist any way I can! Goes without saying, I would get pest control in there ASAP. Good luck!

Is the tenant in a lease or month-to-month?  In New Castle County Delaware we would need to send them a 7 day violation letter to clean up the clutter so the home can be treated effectively - this can be tricky to evict on though.  If they aren't in a lease give them notice (according to the landlord tenant code for the state you're in)