We own a property in Georgia, and just evicted a renter who didn't pay for three months, and trashed the house. We found a new renter to put in who was out of work but we took a chance on him because he was on severance pay from an old job.
Second month is here now, rent was due on the 1st, and we can't absolutely demand it until the 10th, tomorrow. He has contacted us several times, being very honest about his situation, and says that he is very sorry, he just doesn't have the money yet and doesn't know when his check is supposed to arrive.
We are losing money hand over fist on the house. He has offered to pay us a good faith deposit today of $100, which is generous, except that if we accept any partial payment, we lose any legal grounds that we have for evicting him if we need to.
What are some good options? We are sending the demand of possession tomorrow, as required by law, but would like to work something out. What is a reasonable time limit to tell him when to pay?
2007-03-09 07:10:34 · 5 answers · asked by Lindsay 3 in Business & Finance ➔ Renting & Real Estate
Also, how long should we give him? And what penalty should we have? And should we just give up and get him out even though he is clean and very honest about his situation? What are your opinions?
2007-03-09 07:12:24 · update #1
Sounds like you need a good property manager. You should let the manager screen prospective tenants and then take his advice. Owning rental property is a business and should be run like one. You wouldn't take chances like this on your other investments.
You might want to hire an eviction service to handle this for you. They know the rules and will handle this professionally.
It is cheaper to do it right the first time than to make a mistake and have to start all over again. Plus when a professional gets involved the tenant will know that you mean business. The eviction service has heard his story hundreds of times and will not accept his excuses. Its very simple, pay or leave.
Remember it's your house, not his. You can't let his problems become yours. Every day he stays without paying it is costing you money. When a tenant gets more than a month behind it is almost impossible to catch up. If he can't afford to pay for one month he certainly can't afford to pay two or more.
2007-03-09 09:19:46 · answer #1 · answered by Michael J 2 · 0⤊ 0⤋
The key question here is did he sign a lease agreement with you when he rented and if so, is there a clause about penalties/risks of not paying rent on time or not paying at all.
Yours and his good faith is wonderful, but you are no landlord is in the business of "goodwill", that is why you are a landlord! Otherwise, you would have a shelter, right? It's a pity, but a renter has an obligation to pay, especially is he's just moved 2 months ago. If something happens to a long-time, good-paying tennant and he's honest about it and requests a payment plan or a waiver to pay later, that is another story.
Bottom line advice: Consult a lawyer or a real estate agency in your area, they should provide you with the best legal advice.
2007-03-09 15:28:59 · answer #2 · answered by puchymaria 2 · 0⤊ 0⤋
It sounds like you are a nice person but a terrible landlord. Taking chances on people who are out of work or have bad credit is like playing the lottery, you rarely win. I don't know what the eviction procedures are in Georgia but I have rentals in PA and MD the laws are similar in those states. Start the eviction procedures they always take 30 days or more and if he doesn't have the money by then get him out, Do not take the $100 dollars. Otherwise you stuck with another 3 months and have to clean and paint the place again. Toughen up! And best of luck.
2007-03-09 15:52:34 · answer #3 · answered by C_Alexander 2 · 0⤊ 0⤋
Situations like this make it hard--but you have to feed your family too, right? Make it apparent to him that you can completely understand his position, and are grateful that he is so honest and forthcoming, but you still have to have that check--help him find a solution-maybe he has friends or family that can help him--obviously a financial institute would be retarded to loan someone with no income money---but it is worth a shot---either way it has to be paid, and that is that. Being a landlord is a cruddy job-believe me, that is why I REFUSE. What is the rent? If $100 covers a quarter of it, let the guy stay. You obviously have a big heart, and want what is best for everyone. I would give it another month and see how everything falls into play with the guy if I were you. You never know, in that month you may realize he is a creep--anything can happen with renters-I have seen it all myself
2007-03-09 15:22:50 · answer #4 · answered by MNBound 3 · 0⤊ 0⤋
his situation is NOT your problem. send him a 5 day notice to QUIT or Pay. if he fails to pay he is obligated to move out. If he doesnt move - take the police with you to get him out. My hunch is that he is lying to you and living for free. He doesnt know when his check will be here??? LIE...he can easily call his former company and find out. Get his butt out of there so you can get some good decent renters. Get a good lease and get good references before you let anyone enter.
2007-03-09 15:20:26 · answer #5 · answered by star 4 · 0⤊ 0⤋