How to Deal with Nonpaying Non-responsive Tenant

Question

Hey all, looking for some advice on how to proceed with a situation with a tenant. I purchased a duplex a few months ago that is fully rented out, with the intent to move into the bottom unit on March 1st. I notified the tenant 90 days before to give them plenty of time to prepare. They were current on their rent up until January's rent was due. They send me a check for half of the rent on January 1st for me to deposit right away, and asked me to wait until the 18th to deposit the second check as they had insufficient money in their account. I cashed the check on the 19th and just saw on the 22nd that it bounced and I got hit with a $15 fee by the bank. I texted the tenant and told  them what happened but have not heard anything from them yet. My question is, what do I do if after reaching out a few more times, this tenant remains unresponsive? I was planning to give an official 30 day notice to vacate on February 1st, but if they simply don't pay rent and don't respond what do I do? Should I start filing for eviction on March 1st in that case, or sooner? Any advice greatly appreciated. The goal is to get this tenant out by March 1st with as little lose of rent and money as possible.

Kyle J. · Answer

Don't beat yourself up about it. No landlord starts off knowing everything. We usually learn by going through it and figuring it out. Now you'll know for next time.

Good luck and hope it works out for you.

Tim Porsche · Answer

Okay sounds good...I am giving the tenant until this Monday to pay the remainder or rent in full. If it is not payed by that time, I will give a notice to pay rent or quit on Tuesday. You are right, I should have given the notice to Pay Rent or Quit right away after I only received a partial payment at the beginning of the month. Rookie mistake I will not make again.

Kyle J. · Answer

Check the link in my initial post. Or it's right here: http://www.nolo.com/legal-encyclopedia/eviction-notices-nonpayment-rent-pennsylvania.html. It explains the process in more detail, but basically the tenant has 10 days to pay the rent once you issue the notice. That's why I suggested serving it right away.

Tim Porsche · Answer

@Kyle J. Thanks for the reply. This would be my first eviction so I'm not sure quite what to expect. From what I understand, the procedure is to give a notice to pay rent or quit, give the tenant 7 days to pay in full, and not accept any partial payments. If 7 days go by then I go to the courthouse and file the eviction, then deliver the papers to the tenant correct?

How much does a typical eviction like this end up costing? How long does it typically take from the date you filed an eviction, until you actually have the tenant physically removed if it comes to that? Has anyone had success simply offering cash for keys if the tenant moves out by a certain date and would you recommend something like that in this case?

Tim Porsche · Answer

@Brittaney Woods Thanks for the reply. Would you advise to file for eviction by February 1st if rent is not made current by  that time? The tenant is on a month to month lease, and while I notified the tenant 90 days ago that they would need to move out by March 1st, I have no sent the official 30 day notice to vacate yet.

Kyle J. · Answer

Don't wait.  Issue a Notice to Quit right away.  (I would have already issued one right after they sent me half the rent, just to get the ball rolling in case something like this happened or they didn't end up paying on the 18th as they promised.)  Now, you're just further behind with no rent to show for it this month.  Plus they're avoiding you which is never a good sign and another reason to issue the notice to get their attention and let them know you're serious.

I'd also keep trying to get ahold of them at the same time to try and figure out what the problem is and see if maybe you can come up with a plan for them to move out as soon as possible if they can no longer afford the rent.  Maybe they'll be more motivated to talk to you after they receive the Pay or Quit notice.

Good luck.

Brittaney Woods · Answer

I would evict.

My mom was in a similar situation where the tenant went months without paying the full rent amount of 1600/mo. I don't know wtf her problem was allowing those people to stay there. All she ever did was complain about it.

Please don't be like my mom.

How to Deal with Nonpaying Non-responsive Tenant

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