All Forum Posts by: Shane Welch

Hello,  

Long story short, I have a tenant that has made it clear she does not intend to pay me at all. She has not paid me rent for the month of February all the way till now.  I had an eviction set up for yesterday, however with the COVID thing going on, it has now been pushed to July 8th.   At this point, even if there was no damage to the property that is almost $5,000 that I am owed.     

I have even asked if she would consider a cash for keys option, which she told me she did not want to do, she wanted to wait for the new court date.  Also, tenant has no job, she drives for "Postmates" full time, and claims to receive disability.  She was an inherited tenant.

My question for Norfolk investors is,   what is the process of reclaiming my money? Since she has no job i cant "garnish" wages, and from a quick google it seems I cant touch her disability check (if she even has it).  So what can I do to get even SOME of my money owed back?   Thanks.

@Devlin Dellechiaie

So a few of the above commenters were correct, Virginia stopped all evictions until April 26th. I just got the letter from the Courthouse Today, about said change. Great timing.

My new court date is set for July 8th.

I have not been receiving rent from the tenant since February 1st. She has already stated she does not want to leave, and will not negotiate with me till the court date.

@Caleb Heimsoth

Okay, I can see many of you have never actually used a VA loan before. This is crazy that I'm getting alot of judgment for just saying I used a VA loan to buy the house.

So first off. Please learn some of the requirements here: https://www.veteransunited.com/valoans/occupancy-requirements-for-va-loans/

VA rules state you must occupy the home within 60 days, however there are exception, ie. if the house currently has tenants with a lease. So by signing an occupancy contract with the VA, you can extend that 60 day requirement for up to a year. Everyone talking about my VA loan is not helping me, you are distracting from the point of the post. I am well aware of how my own loan and the loan laws work and I am compliant. Thank you and let's please get back on topic.

@Kelsey Tanner giving me advice is better than saying I'm committing fraud, without asking for further info. It was a story, with some questions about how to handle the unpaying tenant. I'm very well aware of the legalities of the loan I got, that is why I didn't ask advice about that at all.

@Corey Chonsky

The tenant was placed before I placed a bid. I will definitely do that for all future properties however.

Also, your second paragraph is pretty assumtive isn't it? Especially allegating fraud. Quite bold and rude to say that if you ask me. Not that I legally have to explain anything to you, ever I have already signed a contract with the VA stating I will move in after the tenants contract is up.

Please refrain from assuming very disrespectful allegations like that in the future if you don't have all of the information on the matter.

@Joe Splitrock

What extreme cases would warrant a cash for keys?

Also I completely agree, I should have started it right away.

I use Cozy for payments, so I can't really stop them from making a payment without removing them on cozy. However, Virginia is a state that still allows me to evict with accepting partial or even full payment in some cases.

Thank you for the advice about what to say to the judge if the covid 19 situation is brought up. I am definitely learning alot in this post.

@Matthew Irish-Jones  I have read quite a few posts about that, and alot of negativity is discussed about that option.   Honestly thats what steered me away from doing that, why does the cash for keys have such a bad rap?  Should I only use it sometimes in a situation like this?  THank you.

@Mike O.  That was my nooby mistake,  the owner was horrible with communication, and did tell me that they didnt do a background check, thats probably when I should have done something about it.  But i guess i feel into the trap of wanting the property more than the risks associated.   I will be better prepared next time.

@Mindy Jenson  Thank you for your reply,  I would like to assume I did quite well thus far documenting everything and being prepared for the eviction.   I havnt not heard of my area or state stopping evictions, and honestly the courthouse is not answering the phone for me to ask, so I guess ill find out tomorrow haha.

@Jill F.     I know that the law requires that,  however, going over their lease agreement it was written very poorly and left many things undetermined or not covered, that my lease does cover.  They do not legally have to sign it, however neither tenant had issue sighing it when I asked.  

She did not pay me rent for February, March, and April.  $750x3 + $75 Latefee x3 = $2,475  So yes it's only $2500 for now that is owed.    According to the courts here in Norfolk (from what the clerk told me).  I can go after unpaid rent in the same hearing, however, since she has no job, that seems very unlikely I will ever get paid, and that will take more time and effort to chase her down IF she ever does get a job.   If you have an idea for that please let me know!  

For those of you reading this is a bit of a rant/story, followed by a couple questions.  Please let me know what I SHOULD have done in this situation, so I can know better in the future.  Thank you for reading.

This year started out great, I got looking for my second rental property in late December, I found the house that we had been eyeing and put in an offer, after much back an fourth with the owner, we finally settled on a price and closing took only 3 weeks for a VA loan. February 1st is when I took ownership of the duplex, and both units already had tenants set up by the previous owner a month before. I will glaze over the downstairs tenant as they are fantastic, gets get straight to the upstairs nightmare.

     The first thing I wanted to do was sign on the tenants to my companies lease agreement, as the one they were previously on looked like the owner straight downloaded it from a google image of a "lease agreement" search.  I get to the house and meet with the tenant and start all the paperwork.  Because we met on the 6th of February, I told her she wouldn't incur a  late fee, (she was paying by check).  Once I got there, however, guess what wasn't present when I first arrived?  THE CHECK.  Already to a great start, we get rolling with the paperwork, once we get to the section about her employment and me asking for pay stubs, she tells me, and I quote "well, I am unemployed, however, I drive for post mates sometimes to make money, and I should be receiving disability sometime soon".   I already can tell this is very very bad, but I try to be positive and give her until February 15th to pay me the months rent, and no late fee till the 16th.  Her rent is $750.

     By March 6th, she still has not paid me a dime, and is now not answering my texts, or coming to the door when I knock (her car was there the few times I came).  It wasnt until AFTER I posted the 5 day pay or quit that she texted me back, stating she will pay her rent in full in a week.   I tell her I will drop the eviction if she does pay in a week.   She only paid $180 of her balance and nothing else that week.  So by the 12th I went to the courthouse and filled for eviction. 

    My court date is tomorrow and I am trying to prep all my documents, Im pretty sure everything will go smoothly, as she still has 3 months rent and late rent fees still unpaid.  Almost $3,000.   Right now, I am just pissed because of how much money this is costing me.   Im pissed that the previous owner was stupid enough to do NO BACKGROUND OR INCOME check, like, how careless can you be for a buck man?   But anyways, I have not spoken to the tenant other than giving her notice that I am following through with the eviction.

What should I have done differently?   Should I be more communicating with her, like hounding her to pay or leave?   She dosnt seem to give a S***, so I figured legally speaking not saying anything was the best course of action, and to just wait for the court day.   What do you think?   Thoughts, opinions?   Thank you guys for listening.

Hello,  I inherited two tenants when i bought my duplex in the start of February.   One of the tenants frankly told me she does not have a job and is "paying" with money she makes from doing Postmates.    She has not paid February rent, and is 2 days away from being late on March as well.    Frankly i want to get her out of here but im not sure of the best option.

Virginia Landlords/Managers,   how do i start the eviction process?   What are some expected fees I will have to pay?   Do I need a lawyer or can i represent myself/should I even do that?     Thank you very much, this is my first time having to go through the eviction process so I am still learning.   Thank you for your support guys!