RANT - My Tenant Has Not Paid Rent For Two Months

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anonymouschris

Diamond Member
Jan 17, 2001
3,101
0
0
Originally posted by: LOFBenson
If you hadn't waited 60 days after the tenant missed his first rent payment and had instead filed immediately this situation would already be dealt with.

well, first 30 days to collect, then after one month of no payment we sent him a warning letter and called him. unreasonable to file eviction immediately after he missed the first payment. usually you try to resolve it, and if that doesn't work you go through the eviction process.
 

kyzen

Golden Member
Oct 4, 2005
1,557
0
0
www.chrispiekarz.com
I agree with the person who posted above suggesting you perform an inspection and look for damage.

Also, since your calls are not working, have you tried leaving notes in his mailbox or on his door?

If the apartments in your complex are close together, start taping large red papers to his door - on one side, facing the door, write your message to him. On the other, the side facing the world when the paper is taped up, in big block letters write something along the lines of "NON-PAYMENT NOTICE" This might embarass him into doing something
 

MX2

Lifer
Apr 11, 2004
18,651
1
0
Maybe you should have started the eviction process after the first month wasnt paid.
 

PAB

Banned
Dec 4, 2002
1,719
1
0
Originally posted by: anonymouschris
Originally posted by: PAB
Originally posted by: anonymouschris
does not pick up our phone calls. I will have to start the eviction prociess, but that can take 3 months. that means I will be out on 5 months rent. I hate people who have no sense of responsibility.

I don't understand why the law prohibits us from cutting off water/electricity. This is no better than stealing.

well, you are legally bound to follow the eviction process, but there's nothing like good old fashioned changing the locks, padlocking the door, and moving his stuff out to the curb and 'accidentally' forgetting to send him notice.


I thought I can only give them 30day notice if they were on a month to month lease? My tennants aren't due out until October.

Each state has different laws.

Basically what I'm tellling you is to quit taking the high road and get your hands dirty. Change the locks and padlock the door. He gets the new keys when you get cash money, otherwise you're having a yard sale tomorrow to cover the past due and he can square up the rest.
 

JS80

Lifer
Oct 24, 2005
26,271
7
81
CA has bias against landlords. My landlord's policy is to start eviction process on the 3rd day after rent is due. People take advantage of the eviction process a lot...they'll get free rent and go on craigslist and do it again...and again...
 

AbsolutDealage

Platinum Member
Dec 20, 2002
2,675
0
0
Originally posted by: PAB
Originally posted by: Injury
Pay him a visit.

Bring the cops.

i don't think cops get involved with civil matters

Sure they will. Leave a 24 hour inspection notice. When you go to inspect, bring the cops. You just have to tell them that you fear an incident if you go in there alone.
 

waggy

No Lifer
Dec 14, 2000
68,143
10
81
Originally posted by: PAB
Originally posted by: anonymouschris
does not pick up our phone calls. I will have to start the eviction prociess, but that can take 3 months. that means I will be out on 5 months rent. I hate people who have no sense of responsibility.

I don't understand why the law prohibits us from cutting off water/electricity. This is no better than stealing.

well, you are legally bound to follow the eviction process, but there's nothing like good old fashioned changing the locks, padlocking the door, and moving his stuff out to the curb and 'accidentally' forgetting to send him notice.

he changes the locks etc he is looking to be sued for it.

his only recourse is to fallow the laws. take them to court. he can sue for all the months they have not paid plus expenses (granted depends on local laws). granted it can take a a long time if the deadbeats decide to fight it.

 

Injury

Lifer
Jul 19, 2004
13,066
2
81
Originally posted by: AbsolutDealage
Originally posted by: PAB
Originally posted by: Injury
Pay him a visit.

Bring the cops.

i don't think cops get involved with civil matters

Sure they will. Leave a 24 hour inspection notice. When you go to inspect, bring the cops. You just have to tell them that you fear an incident if you go in there alone.

Yup.

I mean, the cops aren't going to be like "DUDE WTF PAY NOW OR GO TO PMITAP... pwned", but most cheapskates are cowards and if you show up with cops they wil probably piss themselves and pay you, move out in a couple days.

Plus, it's always good to have witnesses if the place is a big pile of crap or things are broken.
 
Aug 23, 2000
15,509
1
81
Call the cops and ask them to do a wellfare check. You've tried contacting your tenant and haven't heard from them and you are concerned. You noticed the high water bill and fear he may have slipped and fell in the shower and knocked his head and drown.
 

gnumantsc

Senior member
Aug 5, 2003
414
0
0
In Montreal, landlords could start the eviction process after 2 weeks! A lot of people think its the landlord is always causing ****** when its really the tenants. How many times will a landlord take this from a tenant before they suspect every new tenant to be a crook like the previous one.
 

numark

Golden Member
Sep 17, 2002
1,005
0
0
Originally posted by: PAB
Originally posted by: anonymouschris
Originally posted by: PAB
Originally posted by: anonymouschris
does not pick up our phone calls. I will have to start the eviction prociess, but that can take 3 months. that means I will be out on 5 months rent. I hate people who have no sense of responsibility.

I don't understand why the law prohibits us from cutting off water/electricity. This is no better than stealing.

well, you are legally bound to follow the eviction process, but there's nothing like good old fashioned changing the locks, padlocking the door, and moving his stuff out to the curb and 'accidentally' forgetting to send him notice.


I thought I can only give them 30day notice if they were on a month to month lease? My tennants aren't due out until October.

Each state has different laws.

Basically what I'm tellling you is to quit taking the high road and get your hands dirty. Change the locks and padlock the door. He gets the new keys when you get cash money, otherwise you're having a yard sale tomorrow to cover the past due and he can square up the rest.


Baaaaad idea, at least in New York where I live. Doing that sort of thing will get any subsequent eviction order thrown out in most cases, and the police will have the right to enforce the tenant's ability to get back into the apartment, regardless of whether rent is paid up or not, plus a lawsuit can ensue.

Selling a tenant's possessions is also bad news, and just asking for a lawsuit for the value of the property. Once the eviction notice is posted and not responded to, the sheriff can come by and take possession of the items themselves, but you're not legally allowed to take possession of it yourself. Again, this is all in New York, but I imagine that at least the selling of property would be illegal in all states.
 

compnovice

Diamond Member
Jun 18, 2005
3,192
0
0
Originally posted by: AbsolutDealage
Originally posted by: Cattlegod
Originally posted by: AbsolutDealage
You can report it to the credit bureau... not that the guy would have stellar credit to begin with if he does crap like this. At least that may raise some flags for his next potential landlord...er... victim.

QFT - Do this and call the guy letting him know that you are doing this unless you pay up. Also let him know that this will show up on his credit report for his future rental places to check.

Oh, and don't forget to tell him that the court records will show up on UD registry, Saferent, etc. This will have him blacklisted, and he will never be able to rent another apartment (at least without a major hassle). This will apply even after it falls off of his credit report.

What are these? I had an eviction notice served on me(fvkin roomate collected the rent from me and conviniently forgot to pay it). I setteled it the same day and the case was dropped. Would it still show on Saferent etc? Is there any way to get it off my records
 

SportSC4

Golden Member
Aug 29, 2002
1,152
0
0
Honestly, renting out a place is a business. If you're going to try to be the "nice" guy about it then you're setting yourself up for headaches via the courts, etc. People *will* take advantage of your kindness. Does your tenant pay for all the utilities? Is there anything in the contract that you have to provide electricity, water, gas? If not, call up all those companies and shut it down. You shouldn't have to pay utilities for a deadbeat. Give him a 30 day notice of eviction NOW. Don't wait. You have 30 days AFTER you give him the eviction. It's obvious the guy is taking advantage of you... quit *letting* the person do it to you.

I fail to see how the eviction process takes 3 months. It takes 30 days from first notice. Many rental places would have given't that person an eviction notice 1 week after the first missed payment.
 

altonb1

Diamond Member
Feb 5, 2002
6,432
0
71
All of the places i rented had a strict policy on non-payment. if rent was not paid by the due date (and usually a few grace period days, such as the 5th), they would charge a late fee. At that point, they would either begin eviction proceedings. (Although I think some would make it late as of the 5th and eviction would start if not paid by the 15th) granted, eviction proceedings would take up to 30 days to start, but they would begin proceedings pretty quickly.
 

DaShen

Lifer
Dec 1, 2000
10,710
1
0
Originally posted by: Cattlegod
Originally posted by: AbsolutDealage
You can report it to the credit bureau... not that the guy would have stellar credit to begin with if he does crap like this. At least that may raise some flags for his next potential landlord...er... victim.

QFT - Do this and call the guy letting him know that you are doing this unless you pay up. Also let him know that this will show up on his credit report for his future rental places to check.

Ouch... ;)
 

PAB

Banned
Dec 4, 2002
1,719
1
0
Originally posted by: numark
Originally posted by: PAB
Originally posted by: anonymouschris
Originally posted by: PAB
Originally posted by: anonymouschris
does not pick up our phone calls. I will have to start the eviction prociess, but that can take 3 months. that means I will be out on 5 months rent. I hate people who have no sense of responsibility.

I don't understand why the law prohibits us from cutting off water/electricity. This is no better than stealing.

well, you are legally bound to follow the eviction process, but there's nothing like good old fashioned changing the locks, padlocking the door, and moving his stuff out to the curb and 'accidentally' forgetting to send him notice.


I thought I can only give them 30day notice if they were on a month to month lease? My tennants aren't due out until October.

Each state has different laws.

Basically what I'm tellling you is to quit taking the high road and get your hands dirty. Change the locks and padlock the door. He gets the new keys when you get cash money, otherwise you're having a yard sale tomorrow to cover the past due and he can square up the rest.


Baaaaad idea, at least in New York where I live. Doing that sort of thing will get any subsequent eviction order thrown out in most cases, and the police will have the right to enforce the tenant's ability to get back into the apartment, regardless of whether rent is paid up or not, plus a lawsuit can ensue.

Selling a tenant's possessions is also bad news, and just asking for a lawsuit for the value of the property. Once the eviction notice is posted and not responded to, the sheriff can come by and take possession of the items themselves, but you're not legally allowed to take possession of it yourself. Again, this is all in New York, but I imagine that at least the selling of property would be illegal in all states.

Sometimes, you gotta do what you gotta do.
 
Jan 31, 2002
40,819
2
0
Originally posted by: PAB
Originally posted by: numark
Originally posted by: PAB
Originally posted by: anonymouschris
Originally posted by: PAB
Originally posted by: anonymouschris
does not pick up our phone calls. I will have to start the eviction prociess, but that can take 3 months. that means I will be out on 5 months rent. I hate people who have no sense of responsibility.

I don't understand why the law prohibits us from cutting off water/electricity. This is no better than stealing.

well, you are legally bound to follow the eviction process, but there's nothing like good old fashioned changing the locks, padlocking the door, and moving his stuff out to the curb and 'accidentally' forgetting to send him notice.


I thought I can only give them 30day notice if they were on a month to month lease? My tennants aren't due out until October.

Each state has different laws.

Basically what I'm tellling you is to quit taking the high road and get your hands dirty. Change the locks and padlock the door. He gets the new keys when you get cash money, otherwise you're having a yard sale tomorrow to cover the past due and he can square up the rest.


Baaaaad idea, at least in New York where I live. Doing that sort of thing will get any subsequent eviction order thrown out in most cases, and the police will have the right to enforce the tenant's ability to get back into the apartment, regardless of whether rent is paid up or not, plus a lawsuit can ensue.

Selling a tenant's possessions is also bad news, and just asking for a lawsuit for the value of the property. Once the eviction notice is posted and not responded to, the sheriff can come by and take possession of the items themselves, but you're not legally allowed to take possession of it yourself. Again, this is all in New York, but I imagine that at least the selling of property would be illegal in all states.

Sometimes, you gotta do what you gotta do.

Like man up to life and move the f*ck out of your parent's basement instead of just bitching about how much your life sucks online? :roll:

OP - Don't take any advice from this waste of skin.

- M4H
 

wyvrn

Lifer
Feb 15, 2000
10,074
0
0
In TX, I can get people out in 10-15 days. There are 2 5 -day waiting periods for the court and sheriff's office, then I give a few days notice (3 is standard).
 

wyvrn

Lifer
Feb 15, 2000
10,074
0
0
Originally posted by: PAB
Originally posted by: anonymouschris
Originally posted by: PAB
Originally posted by: anonymouschris
does not pick up our phone calls. I will have to start the eviction prociess, but that can take 3 months. that means I will be out on 5 months rent. I hate people who have no sense of responsibility.

I don't understand why the law prohibits us from cutting off water/electricity. This is no better than stealing.

well, you are legally bound to follow the eviction process, but there's nothing like good old fashioned changing the locks, padlocking the door, and moving his stuff out to the curb and 'accidentally' forgetting to send him notice.


I thought I can only give them 30day notice if they were on a month to month lease? My tennants aren't due out until October.

Each state has different laws.

Basically what I'm tellling you is to quit taking the high road and get your hands dirty. Change the locks and padlock the door. He gets the new keys when you get cash money, otherwise you're having a yard sale tomorrow to cover the past due and he can square up the rest.


This is the worst advice in this thread. Do not take it. Follow the legal route, and take steps to prevent this in the future. I have learned the same hard lesson myself. Deadbeats didn't pay for 4 months, and my sister who was 'handling it' kept buying their excuses. I stepped in and got them out in 10 days.

In the future, qualify your renters. At minimum, call their previous 2 landlords and employers. Do a credit and background check, and suggested a criminal check. This will cost you maybe $50 and will most times save you a ton of hassle.

Next thing to do is tighten up your contract. Go see a lawyer, fork over the $200, and make that piece of paper pucker up. Put as many addendums as you need, and make sure you state in the contract that you do mandatory quarterly propery evaluations. This does 2 things, first it gets you in the property to check for damage/neglect so you can stop it before it gets expensive. Second, tenants who get regular visits are less likely to slide on the rent because they know you are active, and likely not going to put up with sh.i.t.

Then find yourself a new renter.
 

mikej007

Golden Member
Jan 23, 2004
1,104
1
0
What about his security deposit? Don't you have that from him? Keep it, and at least you have some form of "income" from him. Then evict his ass...