How long do you wait before you evict?

Question

My tenant has not paid his January rent yet and we are practically in February. He says this is due to a layoff... yet they gave him no compensation until he found a new job ( I thought that was standard) . Also, he just moved into the apartment in December and he is already missing rent?

Question is, how long do I wait to take action (evict) or how do I approach him about paying up?

Also, when and how do I tell him I WONT be renewing the lease... 10 drueling months away. He's complained more than any tenant..yet he doesn't pay rent???? Sorry, now I'm venting.



Thanks

Answer 1

1. Check the laws for your state.

2. Give the tenant written notice that he is in default - specify the period and amount(s) due.

3. Contact the clerk of the Landlord/Tenant, Small Claims, or General District Court (varies by locality) to understand the process of filing an action for judgment and possession of the property. In my state it's an Unlawful Detainer.

4. Show up at court and tell your story.

Your local or state laws will dictate how quickly you can recover possession, whether your tenant has any right of redemption, and post judgment remedies available such as garnishment or collection actions.

By the way, accepting payment may not automatically negate your ability to proceed with the legal action, though judges are more inclined to leniency if they know the tenant has paid in full. You're owed the rent - take it if it's offered. Refusing payment can actually work against you in court.

Next time around, be as thorough as possible without being discriminatory in your tenant screening and qualification process. Most problem tenants can be "filtered" by a thorough screening. Sounds like the one you have now just lost a job and that put him in a bind. I've seen perfectly qualified, reliable tenants get sick, hurt, divorced, or lose jobs and next thing you know they're not paying. Every story is different and everyone who hits a rough spot isn't a serial deadbeat.

Answer 2

Legally you should serve notice or start the price the minute, sorry, the second you legally can do so.

Start the process. You can always stop the process if the person pays up. No side agreements, no promised from you to the tenant where you agree to go outside the written rental agreement.

The person will realize that you are sticking to the lease. That you are fair and that means you will hold up your end so they need to hold up their end.

I used this method all the time and it works very well. Be very careful to completely follow the process that is in effect in your area (legal process) and follow the contract you have. No cutting corners.

In all cases the person left before the item went to court though in 2 situations I only found out after the judge issued the eviction order.

Once they are out...

Then be very careful to deal with anything left behind legally (you might have to store it at your cost). Have the locks changed.

Answer 3

I really need to know your state before offering advice.

The standard rule of thumb (which fits into most state laws) is 16 days after the rent due date.

I strongly advise against threatening an eviction if at all possible, though.

If you have winter (reasonably cold weather) in your state, then eviction will be nearly impossible until mid spring. Your tenant may already know this. We recently had both sides of a duplex with bum tenants and we are just happy to have them out, as they had another 8 months on their lease.

Eviction is almost landlord suicide in recent years. It will costs you thousands in legal fees and only slightly increase you chances of being able to re-rent the property before the lease end date.

I, as much as I hate giving this advice, suggest you find a way to get this guy to move out early. Offer to forgive the lease as long as he is out before the end of the month. Renting isn't what it used to be, and without the large backing of a rental company (a major, reputable one), your chances of a successful eviction prior to lease end date are fairly slim.

Most deadbeat tenants are on their 3rd or 4th eviction and know the system better than you will ever know it, and also know workarounds. In Maine, for instance, you can evict all you want, but you cannot force the tenant out for several months. If you do get them out, if they leave their stuff behind, you cannot disturb it (which means no re-renting) until you get a court order, and even then the tenant can hold up the collection process for another few months.

Add onto this the fact that your tenant more than likely already has a long list of collections against him, of which a civil suit will only put you 3rd or even 7th in line for. You will not likely ever see you money if you do not play nice.

The learning process here is this:

Spend the money to run *very* detailed background checks on your tenants, or you are likely to find yourself out many months rent and having to repair (possibly rebuild) from costly damage.

Renting is great income when your tenants value their credit, but when they do not, your life can quickly become a never ending headache.

You are welcome to look for ideas elsewhere, and invited to contact a lawyer near you for advice.

Answer 4

You need to serve him a 3 day to pay or quit. Then you need to file an unlawful detainer. Depends on the laws in your state. No need to tell him you aren't renewing the lease, if he is still your tenant prior to the last month of his lease serve a 30 day notice-depending on the laws of your state. You need to research this. As an apt mgr, you should know these laws and have 3 day to pay or quit, 3 day to perform or quit, and 30 day notice to vacate...
Sounds like you got a bum tenant. And regardless of his situation, the whole reason landlords rent is to make money, they can't stay if they don't pay! Good luck.

Answer 5

35 years and I NEVER saw a job pay compensation until you find a new job . . . he can file for UI from the state but that is a fraction of what a paycheck is.
Eviction ? Whatever your rental contract says, you wrote it or had your legal rep do it . . . what does it say ?
Approach about paying up ? A written letter indicating the rent is past due and payable now.
You can notify him about the lease not being renewed at any time, but the sooner the better.

Answer 6

I'd have served him a pay or quit notice as soon as he missed the first rent payment and passed the "grace" period if yoou have one. This gets the ball rolling so when he doesn't pay in February, you're not that much farther behind.

By the way, since he is already late, and you want him out, in most states you do not HAVE to accept his late payment. You will still have to evict, but it would be for non-payment of rent and that should be a slam dunk to win (depends on your local custom for judges). In that case, no waiting for 10 months to pass.

Answer 7

What does your lease with him say? Contact your local landlord association, or the sheriff's office. Where I am, you can evict if the rent is 3 days late. Take action now. You are uncomfortable with him being there for other reasons, there is no reason for you to suffer through an entire year because of this person.

Answer 8

You must be very careful! Depending on your state, the law may favor your tenant more than you know... Some municipalities have free services for landlord/tenant problems, perhaps a phone number you can call where they will explain the legal options available to you and your best course of action! If such service is not available to you, please be very careful and seek good advice, do not rely on places like this!

Answer 9

30 day notice ! after you ask for money back rent and he gives you excuses again give him thirty days then and there and in writing make copies and notarize !

Answer 10

Did your tenant pay a security deposit?