Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
General Landlording & Rental Properties
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated about 1 year ago, 10/24/2023

User Stats

25
Posts
6
Votes

Tennant not paying

Lilian Gonzalez
Posted

Good morning.. I just started the real state investing 2 years ago. I rented a unit to this girl who had a son was pregnant and was moving with her boyfriend. we ran a background and both seemed to make good money to afford the place. First month baby daddy leaves, her bank account was hacked and is being a play catchup ever since. I always manage to get pay a month late but she even try to pull from 401k to pay.I've try to help with assistant since shes a single mom of two and autistic kid.For the last two months her phone broken, doesnt reply to email and only way to communicate is her mom ,because  i went in person knokinkg on the door thinking she was gone. her Lease expires Oct 31 2023.i ask her 3 weeks ago trough her mom's tex  if she cant afford  the place let us know.I didn't want to start the eviction process since she always pays a month late. Now she's two months late owes me $2700,her lease is over this month.

should i negotiated and tell her to leave in two weeks an call it even? can i even do that ? or tell her Im not renewing the lease and she might stay longer with out pay.? I have never evict anyone but i know it can be costly. I appreciate all feed backs. thanks so much

User Stats

667
Posts
587
Votes
Julie Hartman
  • Property Manager
  • Denver, CO
587
Votes |
667
Posts
Julie Hartman
  • Property Manager
  • Denver, CO
Replied

I hope you ran more of a background check on her than just her income. She either has really back luck or she's playing you. She's not going to pay you. You should have already posted her. Letting things get to this point makes is much more messy and costly for you. And feeling sorry for someone doesn't do them or you any favors. How you handle this will depend on the laws of your state and what your lease agreement says. Unless her mother is also listed on the lease, I would stop communicating with her mother through text messages. You don't even know if the tenant is receiving the information. Put things in writing and mail them to her + hand deliver to the door. I would start by posting an eviction notice immediately and contact an attorney. She will likely give you another story and drag this out. Yes, you can certainly try telling her she can leave by the 31st and you will call it even. Though she may give you more excuses why she can't leave and you are back to square one. If her lease expires on the 31st, you should have already sent her a non-renewal notice.
Once you are through this ordeal, I would strongly encourage you to hire a property manager.

User Stats

2,943
Posts
3,043
Votes
Corby Goade
Property Manager
Agent
  • Investor
  • Boise, ID
3,043
Votes |
2,943
Posts
Corby Goade
Property Manager
Agent
  • Investor
  • Boise, ID
Replied

Oh man, you have created quite a problem for yourself. If I had a nickel for every tenant who's "bank account got hacked," I wouldn't need to collect rent any more. 

Serve her three day's notice to get caught up 100%. She won't, so then you file for eviction. No negotiation, no favors, push through the process. It doesn't get better from the place you are in now, you have to pull off the band aid. 

You should start reaching out to PMs now so they can take over once the place is vacant, they'll remove the personal piece of the equation which will be much better for you. 

  • Corby Goade
NREIG  logo
NREIG
|
Sponsored
Customizable insurance coverage with a program that’s easy to use Add, edit, and remove properties from your account any time with no minimum-earned premiums.

User Stats

1,377
Posts
929
Votes
Henry T.
Pro Member
929
Votes |
1,377
Posts
Henry T.
Pro Member
Replied

Tenant not paying?

Landlord should be evicting. 

Simple.

  • Henry T.
  • User Stats

    101
    Posts
    76
    Votes
    Nathan Brown
    • Property Manager
    • Phoenix, AZ
    76
    Votes |
    101
    Posts
    Nathan Brown
    • Property Manager
    • Phoenix, AZ
    Replied

    Seems like you've already figured out your mistakes. Good, that's how we all learn! 

    As for your question, yes you can absolutely negotiate an early move out in exchange for balance forgiveness. As long as you put it in writing and get her to sign the new terms. Of course, you should still file the eviction ASAP since it sounds like she may not even respond anyway. That way, if she does agree to the early move out, she should have the added motivation to scoot before the hearing gets scheduled and official judgement is handed down. Between you me and the rest of this forum though, it sounds like an eviction on her record is the least of her concerns. Good luck my friend!

    User Stats

    25
    Posts
    6
    Votes
    Lilian Gonzalez
    Replied

    thank you...

    User Stats

    25
    Posts
    6
    Votes
    Lilian Gonzalez
    Replied
    Quote from @Julie Hartman:

    I hope you ran more of a background check on her than just her income. She either has really back luck or she's playing you. She's not going to pay you. You should have already posted her. Letting things get to this point makes is much more messy and costly for you. And feeling sorry for someone doesn't do them or you any favors. How you handle this will depend on the laws of your state and what your lease agreement says. Unless her mother is also listed on the lease, I would stop communicating with her mother through text messages. You don't even know if the tenant is receiving the information. Put things in writing and mail them to her + hand deliver to the door. I would start by posting an eviction notice immediately and contact an attorney. She will likely give you another story and drag this out. Yes, you can certainly try telling her she can leave by the 31st and you will call it even. Though she may give you more excuses why she can't leave and you are back to square one. If her lease expires on the 31st, you should have already sent her a non-renewal notice.
    Once you are through this ordeal, I would strongly encourage you to hire a property manager.


    User Stats

    25
    Posts
    6
    Votes
    Lilian Gonzalez
    Replied

    we did - thanks so much for the information..

    User Stats

    25
    Posts
    6
    Votes
    Lilian Gonzalez
    Replied
    Quote from @Julie Hartman:

    I hope you ran more of a background check on her than just her income. She either has really back luck or she's playing you. She's not going to pay you. You should have already posted her. Letting things get to this point makes is much more messy and costly for you. And feeling sorry for someone doesn't do them or you any favors. How you handle this will depend on the laws of your state and what your lease agreement says. Unless her mother is also listed on the lease, I would stop communicating with her mother through text messages. You don't even know if the tenant is receiving the information. Put things in writing and mail them to her + hand deliver to the door. I would start by posting an eviction notice immediately and contact an attorney. She will likely give you another story and drag this out. Yes, you can certainly try telling her she can leave by the 31st and you will call it even. Though she may give you more excuses why she can't leave and you are back to square one. If her lease expires on the 31st, you should have already sent her a non-renewal notice.
    Once you are through this ordeal, I would strongly encourage you to hire a property manager.


     Thank you so much. started all of the above.I appreciate all the advice ,thank you..