First Potential Eviction - New Real Estate Investor

[Larry Williams]

Hello, I bought a duplex in February to begin house hacking straight out of college, but the units were full at the time and the one tenant who stated they'd move out has not moved out since. This tenant has paid rent sparsely through assistance but hasn't moved out of the house for me to begin my own stay. 

I've given them a 14-day notice to pay or quit as well as a breakdown of what months of rent are owed. The 14th day is coming up, and I'm looking for some guidance as to what happens when I file in court, and what steps should I take to help make sure the judge rules on my behalf for an eviction. Financially I'm in the hole paying the mortgage so I'm thinking I cannot afford a lawyer.

I'm open to all advice & anecdotes. Thank you in advance.  

[Charles Clark]

@Larry Williams

Welcome real estate investing, landlord addition. Hire a lawyer. I found one in my market for $400 to handle everything. I am sure you can find one in your market.

Have everything in order. You need to have the lease, and please send your 14 day in certified mail. Do not give it in person. It is your word against theirs. Do not collect rent from the tenant. If you collect rent, then you are technically working with them so the judge will tell you to continue to do so. Once you send a notice, don’t send another one. It will start the timeline all over. For example, you give 14 day notice this month, then you give 5 day notice next month. The court will go off the 5 day notice.

Again, hire a lawyer that just do evictions and save yourself time and money. I tried to do it myself and it cost me over $2k to finally get the tenant out. Learn from my mistake and hire a lawyer. You can’t afford not to have one on your real estate team.

Beleza,

Charles Anthony