My tenant owes me five months of rent. What are the avenues available for recovery of the money?

Question

I have spoken to the tenant a month ago and he has agreed to send post dated cheques. To-date, the cheques have not been received.

Answer 1

Give the tenant an eviction notice for non payment of rent. Then, go to small claims court and sue for the rent that is owed to you. You do not have to put up with this. You need your money too for maintenance for the building.

Answer 2

The best thing to do first to serve them a 3 day notice to pay or quit after that you send that with the rental agreement to an attorney or to court asking to start an eviction process on your tenants. When collecting rent, you should have them pay in an form of money order or cashier's check only. Also have him paid for any attorney fees. Depending on the state that you are in laws are diffrent, Im letting you know this because thats how it is in the state of California. You want to do everything according to the law. Have all documentation on hand and in writting. Hope this helps.

Answer 3

Have you even started the "legal eviction clock?"....good heavens....While each state is different.....you need to at least start the eviction process......too bad you waited so long......small claims have a monetary limit......so now you out some money at the very least......send and tape to the front door a 3 or 5 Day Notice to Quit or pay rent....take a copy of that together w/ a Declaration of Service and file it with small claims....they will then give you a hearing date....which then you must serve via process server ($90 or so).....

Unless.........you live outside the U.S. (the fact that you spell checks "cheques")...I'm guessing none of these rules apply....GEEZ.....google your area and landlord/tenant laws and figure it out!

Answer 4

You can get a 3 day or quit notice at any stationary store have a sheriff serve it. Or a process server if allowed . He may try to con you again tell him pay up or get out its just business cause he did not keep his word when he said he would .I had someone bung my RV that was living in it didn't pay 6 month and they didn't Had the sheriff serve them they did not call or get out they built a wall around it So when they were gone we jerked the wall down and the police said all the contents of the trailer was mine .
They had beautiful TV Tons of change guns clothes and tons of food in it. They really wanted it back so I told them pay in full and its yours so that what they did 2 months later they played the game with the bank they were with and they lost the trailer.

This guy figures you won't put him out at Christmas surprise him and do it .If he cry and pleads tell him well go ask people for money this is a better time to borrow and get paid up because people will more at Christmas Sorry you need to pay your bills too.. They may allow you to do a lock out where you lock him out of his place and keep his stuff.

Answer 5

Good Luck. Depending on your state, you may not be able to kick them out until after the winter months. Worse, if you issued eviction notice, he's no longer responsible for any rent after that point. You can try having the sheriff serve him an official eviction notice. Maybe that will scare them into leaving. That's why it's very important to check a new tenants' residential history.

Answer 6

If your lease states that he must give you 30 days notice in writing, then he owes you something. Your lease should state the consequences for not giving notice. It is usually loss of deposit. Your lease should state not only what is expected of your tenants but what the consequences are for breaking the rules. I just had a run in with a tenant and she told me she was staying and I took her word for it a couple of weeks before the 30 day notice was due and then again just a couple of days before the notice was due. She called me on the day she had to give notice and told me that she now couldn't make up her mind whether she was moving or not and needed more time. I couldn't make her understand that if she didn't give it that day, she didn't have time to give it later. Turns out that she had already chosen an apartment and it wasn't going to be ready in time so she was stalling for days and screwing me in the process was what she chose to do. I chose to not return her deposit. Just remember if you do so, still send that letter of deductions from her deposit with in the 30 day time limit you have to do so. Anther thought. . .you need to read property code for your state. Go online and find your state's website and look under statutes and then read property code. It is excellent reading for landlords as well as tenants and well worth your time. You should find exactly what you are looking for.

Answer 7

Better question: How can you call yourself a landlord and not know the answer to this question? I'm not trying to be rude, but didn't he sign a contract that stipulates what will happen if he doesn't pay the rent?

If not, you own the property - change the locks and put his stuff in storage for 30 days. If he doesn't pick it up - it's forfeited. Of course, check the laws in your state/country before doing any of these things.

Answer 8

You need to contact an attorney. By the way, why are you in the property rental business if you dont know your legal rights. I suggest you buy a Nolo Press book on landlord/tenants rights and then become knowledgeable before you lease out your unit again. The little you spend will save you bigtime later.

Answer 9

Don't accept post dated checks' as mostly it's the case the funds are not in their checking account.
I would file court papers, have them delivered through the local Sheriff. I also would go to an attorney, and file the wages that he/she earns. Usually, when you have an entitement against the wages, you're the first to get paid. Than they get the rest.
I would talk to a local attorney asap.Don't fight with them personally, do everything legally so that you do not get physically hurt by them or that they will do damage to your property. Good luck.

Answer 10

Oh my god...you are so gullible.
Most tenents would have been evicted after 2 months late.
You may as well sign the house over to them.
It's time to get them out..there are services that can do the work for you.
Just expect a house that will be damaged....renters are like that...especially when you evict them....they don't care..they just suck people dry for a free place to live.