What should I do?

Question

The people that rent from me owe 2 months of rent. I've told them they need to move out. This isn't the first time with paying the rent on time. They are not going, what can I do?

Answer 1

If you are in the US then you must follow your state laws for eviction. In a non-payment of rent case the first thing you must do is send them a written notice to pay within 3 to 7 days or vacate the premises. The number of days depends on your state law.

If they haven't paid or vacated within the notice period then you need to file a lawsuit for eviction in the county where the property is located. You will be assigned a trial date within approximately 2 to 4 weeks. On the day of trial if the tenant does not show up, or does not provide a legal defense for not paying the rent, then the judge will grant you a judgment for eviction. Next you must give the judgment to the sheriff or constable. They will schedule a date for the eviction and post a notice on the tenant's door. On the date of eviction the sheriff or constable will stand by while you have the locks changed and the tenant's belongings removed.

Go to http://realestate.findlaw.com/landlord to read about evictions in general. Then click on the Resources link to see publications issued by your state and also the laws of your state.

Answer 2

Put the eviction in writing and have it notarized, file one copy with the court services pending legal action. Deliver the letter to them by certified mail stating the reasons for eviction and a date of final action. Should the letter be refused by the tenants then the returned letter will state that fact and that is grounds for immediate civil action. If they accept the letter and they are not out by the final date they are in violation of civil law and the Sheriffs dept can deliver a three day eviction notice. Failure to comply will result in possible arrests. The civil courts aren't real expensive and it generally scares the HELL out of people when they start getting official letters. You can file a lien against any personal property left on the premises after the eviction date. Local district Attorney's office can usually advise on such matters. Just for future reference, when writing a lease for a tenant, state in the lease that failure to pay rent by certain date then lease becomes notice of eviction. Some states will let you do that others won't. Check with local laws concerning matter. NEVER rent without a lease. Even to you closest friends.

Answer 3

Start by sending a registered letter of eviction, make sure you state clearly how past due they are, and what you intend to do about it. Include a copy of the lease agreement to "back it up" After getting return receipt start legal proceedings immediately. The laws vary from state to state, but here a judge may tell them they have 30 days from the trial date to be vacated, however, they can appeal and if approved get another 30 days! I have seen this happen many times, and just because they vacate does not mean you will get your money back! Depending on the laws in your state, you may be able to petition to garnish wages for past due rent and any damages to the property.
It is situations like this that make it harder on the "good tenants" now finding rental homes harder and harder to come by. Good luck.

Answer 4

Check at your nearest law library and ask them to pull your state's laws about renters. Here where I live the renters are to abide by the contract. If you say they must pay by the first of the month with no grace period, then they must pay by the first of the month...if they don't pay, then 3 days later you provide them with a notice to move out (the time they have is noted in your state statutes). In some states if they don't move by that third you just call your sheriff and the sheriff comes to them and asks them to move and stands there while they move. If they owe back rent you need to take them to court to recover what they owe you. Our laws here say you must return their deposit within 15 days after they leave. If they messed up your place you must state to them in a letter the cost (get an estimate) it takes for you to make the repairs and you can deduct that amount from their deposit. Here you are NOT allowed, by law, to turn off their electricity or throw out their belongings. The rest of the paperwork you can have your attorney draw up so as to recover your loss. Take pictures of your losses (i.e. holes in the wall, etc.) to present in court. The procedure takes about 3 months. Remember that you need to physically present them with the notice to leave (make yourself a copy), and date and sign it.

Answer 5

I'm not sure what the laws are in the US, but one thing is for certain, you will need to remove them, before YOU start losing money and then you will be out on the street which is hardly fair, the above answers were all pretty good, I thought I would just put my 20cents worth in. Good Luck.
Liam, Brisbane, Qld, Australia.

Answer 6

Just tell them that u will get the police invalid if they are not out in the next 48 hours and if that don't work bring the police to the house and tell then to get out right then and there and u will give then their stuff when u can. Well good luck and god bless.

Answer 7

Send them a Certified letter stating that they have until Such & Such date to pay the entire amount owed.

Also state that if by that date they do not pay YOU WILL BE EVICTION PROCESS!

Answer 8

Follow proper eviction procedures. If they still wont leave, the police will make them leave and throw all their stuff out on the lawn

Answer 9

applpro has it.

Check your state laws first. If you have a written agreement with them and they aren't leaving, you should have plenty of right to remove them by force (i.e. getting the cops).

If you don't have a written agreement, it will be more difficult, but you should be able to arrange something with the authorities.

Good Luck!

Answer 10

evict them. you need to check your state laws first.