Tenant Being Evicted for Nonpayment

[Wade Garrett]

I am in the process of evicting a tenant. This one is going to go to court, and it is as clear as day that she hasn't paid rent and I am likely to win. 

My question is, what are the consequences for her post-eviction? Specifically, if there is a judgement against her, what is her motivation to pay back rent once she has been booted from the property? Will I ever get this money?

1. I know it hits her credit history, which is somewhat of a deterrent to not paying. 

2. I know they can garner wages, but how realistic is that? And what is the timeline?

[Chris T.]

@Wade Garrett

Once you have served your tenant, there is zero incentive for them to pay. At this point, you want them out asap as it's going to take time for you to schedule an actual eviction with the sheriff (Every state works differently). Depending on your state, you may probably have to pay fees, and/or hire movers on the day of the eviction. Another delay. 

If you're using an eviction attorney, they may be able  to help you garnish their wages. I've tried with my eviction and still waiting for it. You're probably not going to see it back. I am just thankful my tenants didn't destroy or damage the house. 

If you guys are still on talking terms, maybe remind them again of the impact on their credit. Negotiate for them to get out asap instead of dragging it out. Some landlords may do cash for keys as a last resort. 

[Thomas S.]

If she works and garnering wages is a part of the process the likely hood if collecting is very high and well worth the effort and expense if for no other reason that for you as a landlord to teach another tenant a life lesson.

Collecting is also common down the road if the tenant ever wants to get any credit in the future. Many tenants show up years later to pay up and clear their record.

As a landlord you have a responsibility to our industry to pursue all delinquent tenants in order to help future landlords.

Landlords need to always keep in mind they will be someone's future landlord and we all appreciate landlords that teach their tenants how to be a good tenant.

From me personally ...Thank you for taking your tenant to court to collect monies owed. Good Luck

[Wade Garrett]

@Thomas S.

Thanks guys. 

As an extra laugh, I told her I was going to evict her for not paying September rent. She says, "You can't do that. You have to wait three months of me not paying rent to evict."

"Oh, ok. Thanks."

[Brandt Smith]

Wade Garrett each state is different so check your own requirements. What doesn't change is your goal: get the tenant out ASAP with minimal fuss or damage.

Have you considered cash for keys? You may be able to avoid the entire legal hassle. A few hundred dollars is cheap if you avoid the courts and get it rented again quickly.

As for pursuing past rent...good luck. I wouldn't waste my time.

[Wade Garrett]

I'm not doing cash for keys on principle. Never will.

[Yvette M.]

I'm going through this now. There is no incentive for a tenant to pay post-judgement that's why they are called deadbeats. 

Most times the eviction is settled by stipulation prior to going in front of the judge. If you offer a stipulation make sure it is as air tight as you can get it -- build in consequences and an immediate lock-out date.  Have what you will accept as a settlement prior to the hearing. These are things my attorney did not do.

Post judgement you can report to collection agencies, garnish wages if allowed and possibly put a lien on personal property i.e car. I would suggest getting the VIN now.