When to Start Eviction Process

Question

I'm really ticked....I've had to deal with back to back evictions on this property.  The first tenants wife died....(not in the home).  But, anyway she committed suicide and put the remaining tenant (her husband), into an emotional tail spin.  I felt bad for him and gave him some lea-way then before you know it he's 3  months behind on rent.

I finally get him out without having to endure the entire eviction process....... I re-rent the property to these folks who checked out as far as credit, and employment but I must admit....I didn't really check their mortgage information or criminal background.   I figured any dings would have showed up on the credit report....(they were relocating to Houston and selling their home in Missouri).  Long story short.....my perfect tenants are now 2 months behind.  The have avoided phone calls and direct contact.  I called the employer of the main income (the wife) a few days ago, and discovered that she was terminated within 8 hours of the new job that was responsible for the transfer.   I feel like I'm dealing with a couple of real cons.

I just took over the formal demand letter/breach of agreement and taped it to the door.  I know the answer to the question but I'm going to ask it anyway.

How much time do you give tenants before you start the eviction process?

Scott M. · Answer

Rent is due on the 1st.  Late fee's kick in a few days after for most...say the 7th.

if not rent is recieved by the 7th then on the 8th the first notice goes out...whatever that is in the state the proeprty is in - a Xday notice to quit.

First month - first second they are late.  The moment you show you are nice and can be taken advantage of you will be.

The moment you show you will not be taken advantage of you won't be.

Short leash.

2 months late?  That is a SUPER long leash and your only aksing for trouble.

Also - no offense but the problem started with you not doing a proper screening...question is have you learned your lesson or you want to waste more money?

Dick Green · Answer

Quick Update.....

Thanx for all the great input.  The key is to face these types of issues quick and head on.  I'm refreshed.

I wanted to mention a little trick that I used to add pressure to the tenant.  It's sort of funny.

I filled out one of the actual county court filing documents for evictions and put it in the envelope along with the Notice to Vacate.  Even though the document hasn't been filed yet....It shook the tenant up.  The tenant surfaced asking for more time to get his stuff out of the home.  I'm not going to respond.  I'll let the pressure stay on.  Texas requires the Demand letter, then time for response.  Next it requires Notice to Vacate then time for response.  After which the actual eviction suit can be filed with the court house.

I'm getting pretty good at this process.  I'm thinking about making lemonade out of this whole ordeal and offering eviction services as an add-on to my regular services.  I think there might just be a market for it.
  
I was looking online and noticed a number of companies providing it as a service.  I even noticed one company charging as much as $500 bucks a pop to help individuals navigate thru the eviction process.  Might end up being a great marketing technique to solicit properties for property management.

Any input?

Dick Green · Answer

No offense taken.....and yeap I think I got it....

I agree, I've dropped the ball twice on this deal.  I've already kicked myself in the pants about my actions on this deal.  I'm posting my mistakes for two reasons.

1.  to vent

2.  I'm expecting some brutal comments about my handling of this property.  I'll use it for good to re-enforce the handling of future tenants.

Michael Rossi · Answer

Evictions are a normal part of the business!  Your tenant has no job and no ability to pay (now or next month).

File the eviction; call the court clerk every day as she suggested; and try to get this over as soon as possible.  If this is going to be the norm for evictions in your area, then you need to take additional steps to protect yourself in the future such as tighter screening; higher security deposits; taking first, last, and security deposit instead of just first and the security deposit, etc.  You've got to change with the business.

Good Luck,

Mike

Christian Malesic · Answer

We generally post the Pay Rent or Quit Notice on about the 15th.  We file for eviction then a few days later, depending on how the weekend falls.  Our notice, and our lease, gives them 3 days to cure once the notice is posted before we go to the judge.

We have often thought of speeding the process and doing it sooner.  It is difficult and almost impractical for us.  We are 4 people all with full times jobs that do our RE business in off hours.  We separate the RE responsibilities  By the time we make it to the post office, process the deposits in Quick Books, contact our partner (the PM), she calls to see if we can squeeze some money out of the tenat for their legal obligations, drive to the property to post, etc.  This takes about 2 weeks.

It is a monthly ritual.  Now, we have 30+ rental untis, so those of you with 2 or 3 can't use this excuse.

Michael Rossi · Answer

Obviously, this is a self-inflicted wound.  The tenants didn't do it to you, you did it to yourself.  As the others said, the minute the rent is late, start the eviction process.  Allowing a tenant to get 2 or 3 months behind is inexcusable!  Failing to properly screen the tenants is inexcusable.  STRAIGHTEN UP AND GET WITH THE PROGRAM!

(was that good enough reinforcement for you?)

Good Luck,

Mike

Mike Matthews · Answer

Christian is 100% correct. all letter need to be sent Regular Mail and Then Certified mail.  What is the property code for you state?

In Texas. Texas property code

Sec. 24.005. NOTICE TO VACATE PRIOR TO FILING EVICTION SUIT

"The notice to vacate shall be given in person or by mail at the premises in question. Notice in person may be by personal delivery to the tenant or any person residing at the premises who is 16 years of age or older or personal delivery to the premises and affixing the notice to the inside of the main entry door. Notice by mail may be by regular mail, by registered mail, or by certified mail, return receipt requested, to the premises in question. If the dwelling has no mailbox and has a keyless bolting device, alarm system, or dangerous animal that prevents the landlord from entering the premises to leave the notice to vacate on the inside of the main entry door, the landlord may securely affix the notice on the outside of the main entry door"

Christian Malesic · Answer

Both. Two Letters.  Most attorneys would recommend this for all official documents.  One is to sign for receipt (certified) the other is to prove that it is a real address and they are still receiving mail there (regular mail).  IOW, if you get the certified mail piece back that only means it is a bad address if YOU ALSO get the regular mail piece back.  That is the legal thinking.

Dick Green · Answer

Thanks Steve,

I took a brief look at their splash page.  I liked it.  Especially the disclaimer.

Steve Babiak · Answer

Dick,

In the phila area, there is a service called "Evictions Unlimited" that sort of does this.  Also, in Phila, there is a landlord group called HAPCO that has an agreement with an attorney to handle the eviction for members at a discount.

You might benefit by studying those two as models, if you plan to set up this type of endeavor as an income stream.

When to Start Eviction Process

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