TENANT NIGHTMARE and we even have a property manager -- please help w/ advice!!?

Question

Our tenant pays the rent every month (thois has been going on for 5 months) after the 20th of the month (lease says rent is due by 5th). So the property manager sets up an eviction hearing court date and the tenant sends the rent days before the hearing date.

The tenat paid one court fee (as she incurs the $150 court fee to file the suit and the court always judges in our favor). Today was yet another court date and the property manager called to tell me the court again ruled in our favor, but yet the check arrived in the mail. She also said the tenant never paid 3 court fees.

Are we responsible for these court fees if the tenant does not pay them?? I know, I need to review the contract with the prop manager, but how does this typically work?

Also, should we not cash the rent check and just take the court decision and move forward with an eviction? The property manager did all of the applications / interviews -- can I trust them to find a good tenant this time?? THANKS

Answer 1

How about you and the tenant just agree to change the rent due date? Our office has many clients who have rent due dates other than the 1st because the tenants are on pensions or have other funds that are paid on irregular dates. To avoid aggravation on all sides, the rent due date is the 15th or whatever. There is no law that says rent must be due on the first. The two of you can make it due any day you want. Did either you or the property manager ever ask why they can't pay until the 20th? Seems to me that would be a hell of a lot smarter than filing futile eviction actions. Where did you find this property manager?

You cannot evict for non-payment if the tenant has paid. If you do, you will get sued. Trust me on that one.

Yes, you are responsible for paying all the court fees and legal fees. You filed, remember? If your lease allows it, you may be able to recover the money from the tenants security AFTER they move out, but you can't dip into it now to pay for them.

Your local law may also allow for filing fees to be considered additional rent, but it would have to be worded that way in your lease in order for you to try and evict based upon the unpaid fees.

You may be able to serve notices for late rent, and file for eviction based upon chronic late payments, but that really depends on your local law.

Answer 2

There should be a clause in the lease about the tenant being responsible for any court costs incurred so read over the lease and if it's not in there, I guess I know what you will be adding for future tenants! You should check your agreement with the property manager over who pays the court costs if the tenant does not; in my opinion, the property manager should pay the court costs if the tenant doesn't. It's his job to collect the rent and if he has to spend money to do that, it shouldn't come out of your pocket.

That said... if she's paying, albeit slowly, you can't legally evict her and it sounds like she knows it. You might be stuck with her till the end of the lease period; just make sure you follow the lease termination process to the letter--- if it's a 12-month lease with automatic month-to-month renewal, make sure you serve her her 30 days notice. Send it by certified mail so she can't say she didn't get it. And be prepared for another fight to get her out.

As far as the property manager, I would trust them again because some people just get flaky for no apparent reason; the tenant might not have had anything in her background that would show she'd turn out like this. Insist on credit checks for tenants from now on, put a late payment penalty in the next lease, and close up any other loopholes. If it's legal in your area, add a clause that if the rent isn't paid by the 15th (or whatever day) then the tenant can be evicted for non-payment immediately.

Answer 3

Sounds like the tenants are a month behind on their bills and if they could skip a month they would be on track again. Would you consider talking to them and agreeing that you could use their last months rent for this current month so that the money they give you on the 20th is for the next month. Sometimes people are really struggling to make it and at least they find a way to come up with it every month. I would guess that the late fees they are most likely being charged isnt helping either. Stacking up court fees is really not going to help.

Sit down with these people and see what their situation is. Make sure they are taking care of the property (ask them if you can look and make sure) that they are working and trying.

If I were a landlord I would not let people walk all over me but I would try to help them.

Answer 4

I used to work for a county court clerks office and who ever the land lord is..which more than likely be the owner would have to take care of the rent suite. The first thing to do is go to your county court clerks office and fill out a form called a Forciable Entry and Detainer also known as a FED or could be called something different but that is what it was called when I work for the county. The clerk will probably ask you if you had given the tenant a notice of 5 to 10 days at least it could be different from state to state. The clerk should help you further in the paper work as far was what you should do next. Good Luck!!!

Answer 5

Check the laws in your state. In NH, if a tenant has been served three Notices to Quit within a twelve month period, you can automatically evict. You don't have to continue to go through this process every month.
If you are already in court, then I assume that you have already done the Demand for Rent and Notice to Quit and still have not been paid, then if she sends you the check just before the court hearing, don't accept it. Both notices give that specific three to five day period. There isn't anything saying that you have to accept it after that.
Good Luck!

Answer 6

...if they were paying me everytime on the 20th it wouldnt bother me ... i would talk to them and find out why and agree to the 20th if thats what they want ... but after that if they pushed it further then i would evict their azz.... almost every tenant will give you grief sooner or later ... they always get to a point where they think theyve given you enough money already lol ... there are some good ones though just not many.. just stay on em :)

Answer 7

I would go to lawguru.com. You can ask one free legal question every 15 days and a lawyer in your area responds. They are awesome. Not all renters are bad but you should be able to get something done because this has happened too many times IMO. I hope you don't have to wait until their lease is up

Answer 8

I can't help you. Talk to an attorney who specializes in landlord-tenant relations. Your tenant is deliberately being a pain in the rear; am glad I don't own any rental property. See how well your prop. manager checks peoples references, please!