Investor · NC · Member since 2019 · 20 posts · 3 votes
Hi all,
Perhaps you can help me with some next steps.
I recently signed a lease agreement with a couple who have stopped responding to my texts, emails, and phone calls. This is the second month they've rented my property and they were late on the January payment. I contacted them the day after it was due and the husband assured me he would pay. They sent a payment that failed and after I reached out again still did not make a payment. They had several excuses for why they had to pay late, and would not communicate proactively with me in this time. After 5 days past the due date I made them aware eviction proceedings would begin if I were not paid ASAP. Finally, he paid me, but not before sending this message:
"I don't know any different way to explain, that with the 3 days off over the holidays that I wasn't paid for, and the fact we were blindsided by the car insurance put us short. Maybe I need more crayons to explain it to you. Or maybe money is more important to you than having a good landlord tenant relationship. But I can tell you this...I get paid today, and you will have your precious money"
I agreed to let them pay their security deposit (2 months rent) and pet fee in installments; they paid the first half with their first payment and were to pay the remainder in 1/3 over three months. Now I was told by the husband he would pay this portion last Friday, and I still have not gotten a payment or response for more than 5 days now. What should I do at this point?
Real Estate Broker · Tampa Bay/St Petersburg, FL · Member since 2015 · 1k+ posts · 2k+ votes
3y
Start the eviction process immediately. This will not get better with age.
It is never a good idea to rent to a tenant who cannot afford to pay the initial security deposit. That was one of your first red flags.
This has the potential to cost you thousands of dollars in legal expenses, lost rent, and repairs. It would have been much more profitable to hire a professional property manager in the first place.
Real Estate Broker · Tampa Bay/St Petersburg, FL · Member since 2015 · 1k+ posts · 2k+ votes
3y
Start the eviction process immediately. This will not get better with age.
It is never a good idea to rent to a tenant who cannot afford to pay the initial security deposit. That was one of your first red flags.
This has the potential to cost you thousands of dollars in legal expenses, lost rent, and repairs. It would have been much more profitable to hire a professional property manager in the first place.
I would file for eviction and get that process going, this will show the tenant you're not messing around and they'll either pay and you can stop the eviction or just go forward with the eviction and get a new tenant. Maybe there was a good reason why but I wouldn't collect a security deposit over a set amount of months, because if they wreck the place and get evicted you won't have a full security to cover the rent or damage. If they keep making excuses they likely aren't planning to pay.
Asheville, NC · Member since 2017 · 385 posts · 274 votes
3y
Start the eviction process. They do no take you seriously. Remember that there are plenty of people that would be happy to pay the rent on time and happy to live in your rental. These tenants are not those peoople.
Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
3y
Let's make it unanimous....get these people out of your property. Even if they start paying (which they won't) their attitude is intolerable, They have zero understanding of how the landlord/tenant relationship should work, and they clearly have zero respect for you. You know you can do better.
Make sure you document every late payment and keep every message they send you...hopefully they have by now paid you the deposits?
Investor · NC · Member since 2019 · 20 posts · 3 votes
3y
Thank you for everyone who has responded. This is only the second property I've owned and the third set of tenants I've rented to.
Very disappointed it's going this way, but I also don't see how to avoid at least starting the eviction process as well. I have one month's rent as the security deposit so far.
They'd mentioned they'd fallen on hard times during COVID, and were moving to turn things around, but it looks like that was not in good faith.
Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
3y
Aloha,
I would at least offer them the opportunity to vacate without penalty, only paying for actual days of possession until they turn over the keys, with the unit in same condition as at move in. Tell them they obviously have overextended themselves, and rather than ruining their credit with an expensive eviction, and all the added stress that would bring, this is a better solution for all.
In the meantime, rethink your entire application and approval process, because it is not working!
I recently signed a lease agreement with a couple who have stopped responding to my texts, emails, and phone calls. This is the second month they've rented my property and they were late on the January payment. I contacted them the day after it was due and the husband assured me he would pay. They sent a payment that failed and after I reached out again still did not make a payment. They had several excuses for why they had to pay late, and would not communicate proactively with me in this time. After 5 days past the due date I made them aware eviction proceedings would begin if I were not paid ASAP. Finally, he paid me, but not before sending this message:
"I don't know any different way to explain, that with the 3 days off over the holidays that I wasn't paid for, and the fact we were blindsided by the car insurance put us short. Maybe I need more crayons to explain it to you. Or maybe money is more important to you than having a good landlord tenant relationship. But I can tell you this...I get paid today, and you will have your precious money"
I agreed to let them pay their security deposit (2 months rent) and pet fee in installments; they paid the first half with their first payment and were to pay the remainder in 1/3 over three months. Now I was told by the husband he would pay this portion last Friday, and I still have not gotten a payment or response for more than 5 days now. What should I do at this point?
This is ALL on you, you did not screen properly? WHY the heck would you put people in that cannot even afford the SD? Now you have no " back up money " . This is just ANOTHER reason to hire a PM CO. Evict this A HOLE, but it seems they are not very nice people. Now you are going to have to do some cosmetic work again, hire an attorney, court fees, months and months of no rent. Screening is the key, lesson learned,
I would at least offer them the opportunity to vacate without penalty, only paying for actual days of possession until they turn over the keys, with the unit in same condition as at move in. Tell them they obviously have overextended themselves, and rather than ruining their credit with an expensive eviction, and all the added stress that would bring, this is a better solution for all.
In the meantime, rethink your entire application and approval process, because it is not working!
Richard (as usual) has solid advice....and they will squawk when you lay down this option, but you have to be strong. Trust us, we've all been there before. Don't get weak and let them stay, you will just be back here on this forum in 6 months asking for advice again...
Real Estate Agent · Puyallup, WA · Member since 2022 · 551 posts · 378 votes
3y
The longer that you wait, the worse that it will get. You need to get them out of there asap. Get them out before they cost you anymore money. Even if they start paying rent, it does not matter, they have already lied to you and will do so again.
Like everyone says, evict. I don’t care if they come up with all delinquent fees. To send a letter that he needs to get crayons to help you understand shows he already doesn’t respect you as a landlord and they presume to think that their other financial obligations take priority over their housing costs. I hope they don’t trash the place but if they do, know that you saved yourself a much bigger headache with years of poor tenants. Covid affected everyone, some more than others, but if it has knocked you back to a lower income level, then they need to learn to adjust to the different life, not make it other people’s financial burden as well. You think the bank would tolerate you using their excuse as a reason to not pay the mortgage?
Property Manager · Denver, CO · Member since 2023 · 236 posts · 204 votes
3y
Immediately consult with a local eviction attorney and proceed to post a demand for nonpayment of rent according your state/local law.
Here are things you MUST do going forward:
- Leave emotions out of property management.
- Collect ALL fees including any prorated rent, security deposit, pet fees, etc. PRIOR to executing the lease.
- Include a provision in your lease stipulating that all 'late rent' must be paid in certified funds.
- Once the grace period expires and your tenant still hasn't paid rent in FULL, post a demand for nonpayment of rent the VERY NEXT DAY. I believe in NC it is a 10-day demand. So, this will start their countdown and if they don't pay and cure the demand, consult with your eviction attorney and proceed with eviction.
Investor · Member since 2021 · 591 posts · 695 votes
3y
@Gloria A. unfortunately, these tenants are a lost cause. Begin the process of getting rid of the tenants ASAP--whether this is via eviction or some other means depends on your lease and local eviction laws. The longer you wait, the worse the situation will become--I can tell you this from experience.
Also, never, ever allow a new tenant to pay the deposit and rent in installments--the fact that they asked to do this should have been a huge red flag right out of the gate.
Going forward, you'll want to significantly tighten up your tenant screening process to avoid deadbeats. Fortunately, there are tons of free resources (BP blog posts, forum posts, books, etc.) on how to properly screen tenants--you'll want to study up on those materials.
Thank you for everyone who has responded. This is only the second property I've owned and the third set of tenants I've rented to.
Very disappointed it's going this way, but I also don't see how to avoid at least starting the eviction process as well. I have one month's rent as the security deposit so far.
They'd mentioned they'd fallen on hard times during COVID, and were moving to turn things around, but it looks like that was not in good faith.
Being proactive and communicating goes a long way. Had they told me, their pay was 3 days late because of the holidays and they would pay 50% on the due date and the rest 5 days later, I'd have been fine with that as a one off. But the tone of the message (not knowing what you said or how many times you contacted them), wouldn't go over well with me.
If they were behind and money was tight, moving can drain an almost empty account quickly with the deposit.
Rental Property Investor · Ocean Springs, MS · Member since 2022 · 349 posts · 301 votes
3y
I hate when I get blindsided by bills that come on a regular schedule, it's atrocious! All sarcasm aside, these tenants do not respect you, they are going to walk all over you, and they are the type of people who don't take personal responsibility for their lives. Get them out ASAP! I usually am all for self-managing properties, but it sounds like you may be a touch too nice of a person to do it yourself. If the budget allows, hire a professional property manager once you get the eviction filed.
Cash for keys might be a good option here since they seem a bit cash strapped.
Investor · NC · Member since 2019 · 20 posts · 3 votes
3y
I've now sent them a pay or quit notice across all platforms: called/voicemail, left an email, text messaged, and have heard nothing still. They may have blocked me at this point. Going to put a pay or quit letter in the mail and formally submit the summary ejectment form to the courts tomorrow and go from there.
Does anyone have any advice for strategies to avoid a formal eviction? I am of course going to initiate the process, but if I can get them out without drawing this out I would absolutely prefer it.
I would have been willing to be flexible, but in the short 47 days they've rented, they have not been proactive at all and only respond when pestered repeatedly.
I really appreciate everyone's insight, and I should have screened better and noticed the red flags, but I'm going to take this as a harsh lesson in what can happen if you're not diligent:(
Like everyone says, evict. I don’t care if they come up with all delinquent fees. To send a letter that he needs to get crayons to help you understand shows he already doesn’t respect you as a landlord and they presume to think that their other financial obligations take priority over their housing costs. I hope they don’t trash the place but if they do, know that you saved yourself a much bigger headache with years of poor tenants. Covid affected everyone, some more than others, but if it has knocked you back to a lower income level, then they need to learn to adjust to the different life, not make it other people’s financial burden as well. You think the bank would tolerate you using their excuse as a reason to not pay the mortgage?
Yea I've realized that trying to use my own common sense and good faith in paying bills or making arrangements if I couldn't doesn't apply to many people. It could be that they're in debt to multiple entities I may just be the easiest to shirk at the moment.
Does anyone have any advice for strategies to avoid a formal eviction? I am of course going to initiate the process, but if I can get them out without drawing this out I would absolutely prefer it.
You can explain to them that with an eviction on their record, they will not be able to rent again from any landlord that checks backgrounds (so all of them). Meaning that they will forever be renting from slumlords and such. Plus they may lose whatever money you have a a deposit.
Offer them this option - They agree to just move out and leave your place in great condition....In exchange you will 1) return any applicable deposit that they are owed and 2) not report to credit bureaus, 3) not proceed with eviction.
If they have any sense at all, they will see the wisdom of your generous offer. You are holding the cards here, you can make their lives miserable for years....they don't sound very bright so they may not get it. But it's sure worth a try, this will be a win for you as well...you get the place back quicker and it will not destroyed...
I would at least offer them the opportunity to vacate without penalty, only paying for actual days of possession until they turn over the keys, with the unit in same condition as at move in. Tell them they obviously have overextended themselves, and rather than ruining their credit with an expensive eviction, and all the added stress that would bring, this is a better solution for all.
In the meantime, rethink your entire application and approval process, because it is not working!
Richard (as usual) has solid advice....and they will squawk when you lay down this option, but you have to be strong. Trust us, we've all been there before. Don't get weak and let them stay, you will just be back here on this forum in 6 months asking for advice again...
I have had good luck with this option when a tenant is still new or new-ish. I have been a landlord in San Francisco, where there is VERY pro-tenant rent control. It's easier to get a divorce with kids than it is to get a bad tenant out of your property. Many entitled brats want to villainize landlords because they do not want to have to make paying rent a priority.
They have shown their true colors. Immature (crayon comment), condescending (He will explain it to you?!?) AND do not pay on time/give rubber checks/haven't wholly paid their security/pet deposit? This has more red flags than a Chinese parade.
Selfish, immature, and self-centered ppl can and do believe that the world revolves around them. By asserting that they are in over their heads and it is better for THEM in the long run, you can get rid of them more easily. Be CLEAR and like others have recommended, keep feelings out of it. You have already heard their sob stories (and straight-up bratty b*tching) and know they are not deserving of any more chances.
There is only one thing worse than a bad tenant, which is a bad tenant with PETS. You mentioned they had not paid their pet deposit, which is the most disturbing. Pets are an accurate indicator. Tenants that are responsible pet guardians are great bc they can be accountable for not only themselves but for a/an animal(s). A landlord can ask for more from tenants with pets because many landlords do not allow them due to the damage animals can cause. Many fine (4 and 5 star) hotels allow dogs bc ppl will pay a higher price if they can bring their beloved pet(s).
Bad tenants are lousy pet guardians. I can attribute a good 50% of the damage to my properties to the tenants' pets, even when the tenant pays on time. Puppies are the worse bc most ppl are not ready for the amount of responsibility of having a newborn/very young animal. Cats are terrible when a tenant does not regularly clean the litter box and becomes "nose blind" to the smell of cat urine.
In the future, if someone has a pet(s),
-ask for proof their animal is up to date with shots. Not only do you don't want a sick animal puking and poop/peeing around the property but a responsible pet person takes excellent care of their pet(s) and can easily prove it.
-proof of weight, size, and breed. Many landlords and hotels will have weight restrictions on pets for 25 pounds or under. In my experience, big dogs are far less problematic, especially when over the age of 2 or 3, but I guess some ppl worry about a big dog biting.
-"Shelter pets" are better usually bc if the dog or cat was adopted from a reputable adoption organization, they will not only vet the guardian but will microchip and neuter/spay the animal.
-last but not least, DEMAND that not only does the renter have renter insurance but that it covers the tenant's pets for LIABILITY. If the mailman gets bitten, you do not want to be left holding the legal bag.
I recently signed a lease agreement with a couple who have stopped responding to my texts, emails, and phone calls. This is the second month they've rented my property and they were late on the January payment. I contacted them the day after it was due and the husband assured me he would pay. They sent a payment that failed and after I reached out again still did not make a payment. They had several excuses for why they had to pay late, and would not communicate proactively with me in this time. After 5 days past the due date I made them aware eviction proceedings would begin if I were not paid ASAP. Finally, he paid me, but not before sending this message:
"I don't know any different way to explain, that with the 3 days off over the holidays that I wasn't paid for, and the fact we were blindsided by the car insurance put us short. Maybe I need more crayons to explain it to you. Or maybe money is more important to you than having a good landlord tenant relationship. But I can tell you this...I get paid today, and you will have your precious money"
I agreed to let them pay their security deposit (2 months rent) and pet fee in installments; they paid the first half with their first payment and were to pay the remainder in 1/3 over three months. Now I was told by the husband he would pay this portion last Friday, and I still have not gotten a payment or response for more than 5 days now. What should I do at this point?
I've now sent them a pay or quit notice across all platforms: called/voicemail, left an email, text messaged, and have heard nothing still. They may have blocked me at this point. Going to put a pay or quit letter in the mail and formally submit the summary ejectment form to the courts tomorrow and go from there.
Does anyone have any advice for strategies to avoid a formal eviction? I am of course going to initiate the process, but if I can get them out without drawing this out I would absolutely prefer it.
I would have been willing to be flexible, but in the short 47 days they've rented, they have not been proactive at all and only respond when pestered repeatedly.
I really appreciate everyone's insight, and I should have screened better and noticed the red flags, but I'm going to take this as a harsh lesson in what can happen if you're not diligent:(
Send the letter certified with a return receipt. That may be a required item to do prior to filing the formal eviction but check with your local/state laws. It's one of the many we have to do before formally initiating an eviction in NY.
1) How did you qualify these tenants? They obviously live paycheck-to-paycheck and don't understand the concept of BUDGETING. So, they are incapable of understanding how this is 100% their fault and 0% yours. You will not win any arguments with them.
2) Letting them pay their security deposit in installments? RARELY WORKS! They will probably trash the place on their way out and you will regret this.
3) Not serving an eviction noiice ASAP and allowing them more time to pay? Now they think you are a pushover!
Stop BEGGING for money and start treating this like a business. Start the eviction process and tell them they forced you to do it and can stop the process whenever they pay rent + SD they owe.
Stop BEGGING for money and start treating this like a business. Start the eviction process and tell them they forced you to do it and can stop the process whenever they pay rent + SD they owe.
This ^^^ but I would evict these Aholes no matter what they do from now on out. They will be trouble down the road. Big trouble.
Real Estate Agent · Austin, TX · Member since 2022 · 95 posts · 39 votes
3y
Give an inch take a yard is a true statement. That is why you NEED to get all the terms and money up front. That way when it goes south you can evict them. No payment evictions can take longer that non renewal if the terms were that long but start by sending a notice TODAY.
