Tenant Time Waster / Get Rid of Him?

Question

Hello from WA state.  We have a law that allows landlords to give 20 day notice, as long as the 20th day arrives at or before the end of the month, for tenants to vacate.

I own a duplex and half of it (Suite A) has been occupied by two different tenants.  The first stayed for a year, then left and it was only vacant for 15 days before it I had the new tenant.  Those two have been fabulous tenants.  They pay on time each month like clockwork.  The duplex is in a great area and I never had a problem finding tenants.

This is my only RE investment, and I've been at it for nearly 18 months now.

One tenant pays late, the guy in Suite B.  I always have to be on top of him to pay.  Whereas the others pay automatically, this guy is the neverending battle to get rent.  I have to meet him today to get the rent, for example.  It's pathetic.  Always some story.  But to his credit, around 18 months now he has always paid.  It's just a hassle.  He is quiet and never causes a problem in the duplex.

I am very tempted to give him 20 day notice on the 10th of this month.  I should be able to find a new tenant.  Then again, that is a headache.  But I see the writing on the wall that this guy will keep doing the same thing month after month.  I've probably been too accommodating.

Any sage advice appreciated.

Shanti S. · Answer

Late fee in the next lease not an option?

Then at least if you have to chase him you get some compensation....

Scott M. · Answer

Risk / Reward.  I have no doubt people on here will tell you to evict him and others will say keep him.

18 months of you chasing rent has really cost you a lot of time.  If it were my house I would chat with him - let him know the problem and that while you appreciate him paying on time and that this is it - next month you need to file a notice and get him out.

I mean - you are a part of this - meaning month 1 is when you should have nipped this in the bud - because you enable him for 18  straight months you need to take some accountibility and I think he is owed a conversation and then the door.

On the flip side if you think it will take you 6 months to rent it - then you might want to consider putting up with it.

But - look at your role and try to work it out.

Eddie Ziv · Answer

That's a tough one. Sometimes the devil you know is better then the one you don't. If the person is a good tenant overall, keeping the apartment clean and maintained, I would try to find out what exactly is the problem. I would confront him directly pointing out the "stories" and excuses. 
People fall on hard time and it takes them a while to get back on the horse. Especially these days. Whoever, if the guy is a complete looser and you still get unsatisfactory answers, then you can get rid of him.

Tony D'Anzica. · Answer

As a landlord-tenant attorney and property manager, i can tell you that at least taking one legal step forward may help solve your problems.  You have been to easygoing with this tenant.  You must let him know that 1) you will be charging late fees each month from now on (make sure that's in your lease), and I suggest you provide him with a rent statement that shows what's due and what's been paid, and 2) that if he is late one more time you will serve him with a rent demand.

Many times, that will be enough to get somebody back on track.  you have to let them know from the start that as long as you are providing a habitable apartment, the rent must be paid in full and on time.

Serving a notice terminating his tenancy will mean that once you serve that notice you can no longer accept rent from him without vitiating the notice and that you will have to take him to court to evict him.  That should be your last recourse.  Good luck...

Tony L. D'Anzica, Esq

Shanti S. · Answer

Not sure I'd want to kick out a tenant who causes no problems and always pays, just a bit late.  They just need some training!

If you're averse to the idea of a late fee or your state does not allow late fees, you could always put in an "early pay" bonus - that is, if rent you want is $1100 a month, set the rent at $1150 with an "early payment bonus" of $50 if paid before the due date.

Jeffrey K. · Answer

market the thing for rent and when you find a new tenant, kick him out.

Timothy W. · Answer

You have the curse of the perfect tenant on your first property...lol.  Enforce your lease but realize that suite A is not the "norm".

Mark N.A · Answer

My fiance once had a tenant that could not handle money but didn't want to get evicted.  The tenant asked my fiance to have her employer take it out of her paycheck before she saw it.

The employer refused until my fiance told them she'd evict the tenant.

You might also try drafting the tenant's checking account or credit card, but that can sometimes be difficult.

James Hiddle · Answer

You need to sit him down and tell him to start paying on time or else.
          
          If you continue to let tenants run around you,you'll never get control of them.

Tenant Time Waster / Get Rid of Him?

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