House hacking one of my rooms but tenant isn't paying rent

[Michael L.]

Hello BP - this is my first post on BP and I have to say the amount of information I've received from this site is unreal. So I finally got the nerve to start contributing...the feeling of asking a stupid question has been daunting but it seems that the community is pretty accepting. :)

Anyhow, I finally purchased my first SFR in Phoenix, Arizona in October and recently decided to house hack one of my rooms to help with expenses. I did a bunch of screening for roommates and finally found someone that i thought was reliable and trustworthy since i'd be living with them and all. I put together a month to month lease for my protection and the first month went well but when i came around to the second month the issues began. The main issue being he hasn't paid rent and it has been 6 days. Now my question is am i allowed to evict him? can i change the locks and not let him in to force him to pay rent? I really just want to know my rights since i think there a little different from a regular landlord as I am living in the house. What concerns me is the issue of my private property inside (don't want him to sell my TV to pay rent you know?) If anybody has experience with this or any guidance it would be greatly appreciated.

This site is amazing! Thanks for reading :)

[Marcia Maynard]

Are you able to still communicate with him, or is he avoiding you? Do you know why he is not paying rent? In your rental agreement, do you mention a grace period or late fees? Are you afraid of him? Did you do a thorough background check? If not, do one now so you know with whom you are dealing.

The key in most landlord-tenant interactions is to be polite, fair and firm. Clear communication is best. Try this..."If you don't pay, you can't stay. Let's talk about a move-out plan." I've used that phrase quite successfully; it's a good motivator. Eviction is a lose-lose proposition, but sometimes necessary. Go for a win-win if you can.  Don't delay in serving legal notices, you can always negotiate during the time the legal time clock is ticking. The goal is to either turn this around so he is complying with the terms of the rental agreement, or facilitate a move-out with the least amount of money lost, the least amount of damages and the least amount of hassle. 

Also, learn about the landlord-tenant laws for your jurisdiction. Good luck!