Issues with back rent

[Ashish B.]

A couple (not married) have been renting from me for a few years. I had one of their dads cosign just in case, he had a good job and income. As of the 3rd year, they were always late in rent, and then they were 3 months behind. The co-signer dad turned out to be a dud because he himself has financial problems. The boyfriend left a few months before the lease was over. I looked into the law and it seems that they are both independently responsible for the rent. Everyone tells me that I should evict them, but I do not have it in me to evict her as she pays rent sooner or later.

At renewal time, I adjusted the security deposit to back rent, and they still owe me a few thousand. Then I created a new lease with just her on it and asked for the security deposit and 1st month's rent. She signed the lease, the dud dad cosigned it. I have not signed the lease until they give me the first month's rent and security deposit and she is living without a lease as of now because I have not signed it.

Meanwhile, her relative told me that I should go after the boyfriend for back rent, they do not understand that they are all independently responsible for the rent because they both signed it and I need to go after both of them. I have neither the time nor the energy to go after the boyfriend for a few thousand.

I provide excellent housing and services at below-market rent and currently, the rent is at least 500 lower than the market rate, I am also willing to write off the back rent and have done so for many tenants who genuinely cannot pay. I am tired, my stock for empathy has run out and I can no longer manage this tenant and this one property causes me more headaches than all my others combined. Eviction scares me more than it would scare a tenant, but do I have a choice?

[Ricardo R.]

@Ashish B. I'm sorry to hear that you are going through this. I'm an investor, realtor, property manager and have been so for quite sometime and am myself financially free so I have an idea of what I'm talking about and that is how I will approach this... I will try to say this in as nice a way as possible with the intent to help you so please forgive me if it comes off as blunt but.... reading your post I don't think you have any idea what you are doing! Where to start... 

1) You have a co-signer that you haven't vetted; 2) You offered a re-lease to them while they owed back rent; 3) You decreased your security by leaving tenants off of the new lease; 4) You provide 'excellent' housing services but yet are $500 lower than market (not understanding what problems that brings you); 5) You 'write off' back rent it seems sporadically and as you deem applicable (fair housing issue); 6) You have a Tenant that is 3 months!!! behind rent, which means you don't enforce your Lease or fees. 

Again, I'm sorry to be blunt... but I don't believe you know what you are doing. Management might seem 'easy' but heck anything seems 'easy' if you do not know what you are doing and think it is being done correctly. ALL of these issues seem to be exacerbated by YOU. You don't enforce your lease terms and choose and pick when, where and who they apply to... and then wonder why the Tenant is not following your lease or even worse, is confused as to what is now applicable and what isn't... heck they were 3 months behind on rent and you STILL sent a re-lease option... why wouldn't they think its all good? Why not 4 or 5 or 6 month's behind on rent? 

My recommendation is that you hire a property manager (if one will even take you on with the issues that are now present) and let them manage your unit OR you approach your rentals/tenants with professionalism and start enforcing your terms and conditions.