Author Topic: Start eviction? Yes or no?  (Read 5225 times)

Scooter

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Start eviction? Yes or no?
« on: August 19, 2014, 05:39:28 AM »
So, I was pretty happy when we turned over tenants in 2 weeks with at significant increase in the rent. I was also happy that I had a tenant on contract who started in June, which would make it easier to turn in the future, since June is the prime moving season for the many military in the area. Unfortunately the new tenant was late by two weeks on the first month's rent, but eventually paid up including late fees. The next month he called and said he he would be even later this month. So he will be a full 30 days late. I would appreciate any thoughts y'all may have whether to evict or not evict? According to my property manager we could start the process now.

Left Bank

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Re: Start eviction? Yes or no?
« Reply #1 on: August 19, 2014, 06:03:24 AM »
It is not going to get any easier.  Trust me, start eviction.

former player

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Re: Start eviction? Yes or no?
« Reply #2 on: August 19, 2014, 08:37:47 AM »
Unless he has given you a very specific reason why he will never be late again (and he hasn't and won't), evict.  I had a tenant who was habitually a couple of days late, promised when he signed up for a second year that he would be on time from then on, and was promptly 21 days late with the next payment.  Gone.  Funny thing: he was a business consultant who had previously worked at the first merchant banker outfit anyone thinks of, but this former government employee seems to know more about keeping their business affairs in order.

Fishingmn

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Re: Start eviction? Yes or no?
« Reply #3 on: August 19, 2014, 09:09:05 AM »
I agree - I would always recommend starting eviction process on the 6th day of the month.  Read the rules for your state but my tenants have a 5 day grace period. On the 6th day I would send some sort of Pay or Quit Notice and then shortly thereafter the Unlawful Retainer legal process. Make sure you follow the rules exactly as they are often in the tenant's favor. Probably should hire a lawyer the first time and make sure they teach you the process so you can do it yourself the next time.

mooreprop

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Re: Start eviction? Yes or no?
« Reply #4 on: August 19, 2014, 12:35:24 PM »
If a tenant is going to be that late, and I decide to "work with them", then I always tell them that I will accept their payment but that I also must file eviction papers in court to protect myself and that they will be charged for the cost associated with doing so.  I explain that it would be cheaper and easier for them to borrow the money from family or friends and then repay them at the end of the month than to "borrow" the money from me until the end of the month which will cost them so much money since they will owe me the court cost and late fees.  That being said, in 25 years of landlording there has never been a single tenant who started by paying late the first 2 months and then became a good tenant.  I always end up evicting those tenants in the end.  Don't be too nice.  Do whatever is best for you now that you have a deadbeat in your rental.  Nice people borrow from family when they are going through a rough period - deadbeats try to stiff their landlord instead!

Another Reader

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Re: Start eviction? Yes or no?
« Reply #5 on: August 19, 2014, 12:40:09 PM »
Start the process and don't look back.  Odds are the problem is not going away.

rocklebock

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Re: Start eviction? Yes or no?
« Reply #6 on: August 19, 2014, 12:45:35 PM »
Strongly seconding the necessity of reading through the legal processes for eviction in your state, and talking to an attorney. Speaking from personal experience, do not assume your property managers understand the law and will proceed in your best interest. Don't wait to start the process thinking you can "work it out" instead. I made that mistake, and trying to be the nice guy ended up costing me real actual money in the end.

usmarine1975

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Re: Start eviction? Yes or no?
« Reply #7 on: August 19, 2014, 01:28:18 PM »
I will agree you need to check what your local area's laws and process is like.  Your management group should be able to help you with that, (I would get a 2nd opinion on that).  I tried a management company and was not overly impressed.  It was basically a real estate agent trying to build up a management company that come to find out she sold to a larger firm not to long ago. 

Late on 2nd months rent is not good and a full 30 days on the next month not good either.  A REALLY Good reason would have to exist for me to even consider moving forward with this person.  Your first clue may have been the turning it over in 2 weeks with a substantial increase in rent.  I usually figure losing at least a month of rent when I have a turn over unless I am given ample notice and have the time to show the property while the current tenant is living there.  Anyone that I would want to rent to needs to give 30 days notice to their current landlord and usually does not need to be out in 2 weeks.

In my state we can file for eviction for non payment which usually incurs a pay and stay feature.  We usually file for possession with the loss of rent included.  Which does not give the judge the ability to order pay and stay.  Basically the pay and stay means the tenant can stay if they pay.  My feeling is if you are already starting the eviction process the tenant is not someone you want to keep around.

We have tenants that on occasion will call and let me know they are going to be late.  We have a late fee and started a few years ago actually charging it.  I just had one in which they tried to use online banking and the check didn't show up till after the due date.  They offered to pay the late fee but I waived it for this one incident.  Crap happens and you don't want to lose a good tenant because of something stupid.  That being said habitual lateness is not accepted on our end.

Nords

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Re: Start eviction? Yes or no?
« Reply #8 on: August 19, 2014, 11:33:21 PM »
Unfortunately the new tenant was late by two weeks on the first month's rent, but eventually paid up including late fees. The next month he called and said he he would be even later this month. So he will be a full 30 days late. I would appreciate any thoughts y'all may have whether to evict or not evict? According to my property manager we could start the process now.
You appear to be confusing landlording with managing a homeless shelter.  You should probably try to focus on one or the other.

When the "late" problem happened to one of my local landlord friends, he threatened eviction.  The tenant took it seriously, immediately straightened out, and began paying his rent promptly on time-- in cash, mostly with wrinkled $20 bills.

Yup, he'd upgraded to selling drugs... from his landlord's home.  Apparently the local authorities and the DEA take a dim view of that type of property management.

Scooter

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Re: Start eviction? Yes or no?
« Reply #9 on: August 20, 2014, 05:18:33 PM »
Thanks for the replies everyone. The consensus is clear. I don't want to search for a new tenant, but it sounds like the best option in the long run.

SunshineGirl

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Re: Start eviction? Yes or no?
« Reply #10 on: August 21, 2014, 09:49:34 AM »
I'm confused why you say "we" when you're using a property manager? It's his/her job to a. find good tenants in the first place, which clearly did not happen, and b. to find new tenants when necessary.

Since you like the June time period for starting a lease, you can just make the next tenant's lease up for renewal then. Not a problem.

Since you have a good base of military renters, you should focus on finding one as a tenant.

MoustacheDArgent

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Re: Start eviction? Yes or no?
« Reply #11 on: August 21, 2014, 08:32:50 PM »
Your property manager should have started the eviction proceeding the once the rent was late.   I could see maybe having a 3 day grace period that included late charges, but after that the PM should have started the eviction process.  You need to have a discussion with them and make sure this never happens (not filing eviction ppwk after 3 days late) again or find a new PM.  Forget trying to save this tenant, get them out as fast as you can.  They have been testing you to see what they can get away with and don't have any respect for you.    Evict them and get your PM to follow proper management procedures/ find a new PM.  The tenant's excuses are not relevant, don't waste time even thinking about them.
« Last Edit: August 21, 2014, 08:35:12 PM by MoustacheDArgent »

Blindsquirrel

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Re: Start eviction? Yes or no?
« Reply #12 on: August 22, 2014, 08:41:29 PM »
 He is not paying you and controls a huge investment of your cash and energy.  5 days late = 3 day pay or quit for any tenant under a year and change, long term tenants that are not pests, later in the month is fine, new tenant that does not pay, you need to file yesterday.

mrdebtbeard

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Re: Start eviction? Yes or no?
« Reply #13 on: August 26, 2014, 05:17:44 PM »
I agree with everyone else and would advise you to immediately file the eviction, you'll hear all kinds of stories for why they can't pay on time but you;ll never see you're money again. So they shortest amount of time that you can go without losing rent the better. Additionally I'd advise you to find a could collection company you can turn your debt over to, or find a property manager that already has one of there own collection agencies on call.

arebelspy

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Re: Start eviction? Yes or no?
« Reply #14 on: August 31, 2014, 09:27:03 PM »
Did you start the eviction process?  Did it scare them into paying, or is the ball rolling?

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Goldielocks

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Re: Start eviction? Yes or no?
« Reply #15 on: August 31, 2014, 10:27:04 PM »
Start eviction as a routine business paperwork, like clockwork with lates.  In my area this did not mean eviction would occur, the Tennant had two weeks to pay and no other penalties to them.

If they are late, and have had eviction notice started three times ( or less).  Offer them full damage deposit back if they move out within the week.  Incent them to get out fast, with a reason to leave everything in good shape, and you a chance to get a real tenant within the month.  Eviction here is a longer process and deposits are rarely helpful in keeping you above water.

FYI I learned this all from experience, and tenant had lots of good one time reasons why they were late...

Scooter

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Re: Start eviction? Yes or no?
« Reply #16 on: September 02, 2014, 10:42:23 AM »
I am embarassed to say that I was not proactive on this matter. My work schedule and phone tag with the property manager contributed to me not talking to the property manager until today. We were paid up for all late fees and rent. The tenant has said he will pay for September on the 5th and will not be late again. The tenant has spun a pretty decent story about why they were late; and though I will probably regret it (and take some punches to the face on here) I have instructed the property manager to start putting the paperwork together today, so that there is no delay on the 5th should the tenant be late. The tenant understands unequivocably that one day late = eviction from this point on. We have evicted other tenants before with this company and they were pretty decent, but that was 8 years ago. So we will see...


arebelspy

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Re: Start eviction? Yes or no?
« Reply #17 on: September 02, 2014, 12:35:12 PM »
Glad they were able to catch up.  Sometimes the threat of eviction is enough to make a tenant prioritize rent over other spending.
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fxsts12

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Re: Start eviction? Yes or no?
« Reply #18 on: September 05, 2014, 05:11:07 PM »
If you have to ask the question it should have been done already.  I credit the tenant $25 per consecutive month they pay  by the first to the security deposit. It is a small price not worry about rent.  If they pay late after 8 months they lose the $200 credit.