Rollover tenant issues starting on first month of ownership

Rollover tenant issues starting on first month of ownership

Investor · Orchard Park, NY · Member since 2016 · 16 posts · 4 votes

Hello all! So I recently purchased a double unit with tenants occupying it month-to-month without any form of rental agreement. Upon closing, I met with both tenants individually and went over a rental agreement, which they had both agreed to sign, and did so without pressure or time to think.

The first month came and went on February 1st and I have yet to receive a full month's rent from either. One of them (lets call her 'T1') sent a partial in the form of a money order, which I informed her that I was not going to be cashing, via text, until I received the full amount. She said she would be sending it on the 8th, with the agreed upon late fee, so there is still a possibility that I could be getting that within the next couple days. The other tenant (we'll call her 'T2') told me that she won't have the rent until the middle of the month. She has also been informed of the late fee, after having both been given a five day grace period.

My initial thought was that I would wait out the first month to see if T1 was going to send the full amount by the time frame that she claimed she would. If I did not receive it by march 1st I would start the eviction process.

A question I have though, is that if I have the money order in hand from T1, but haven't cashed it yet (sent via mail) am I safe in not having technically accepted a partial rent payment if I haven't cashed it yet? I only ask because if she doesn't pay the remainder I'd possibly like to return her partial payment and start the eviction process so I'm not stuck with this dilemma every month. However, if I wait until March 5th when the next rent will probably be past due, am I safe in assuming that I'm fine in not returning her money order for partial February rent and starting the eviction process based on the missing remainder of rent for February and full missing payment for March?

My thought was similar for T2, but I already assume more than likely that one won't work out, because I'm not going to be dealing with this every month and if she doesn't have rent until the middle of the month now, more than likely I would be. I'd rather eat a month's rent and be able to vet my own tenants, than deal with late payments every month. My hope this that she'll send February's rent before March rent is due and then I'll wait the 5 day grace period until March 5th and start the eviction process if I don't receive anything, but that almost seems like high hopes. How long would you wait for rent before starting the eviction process? Does until the day after the grace period suffice? She already informed me that she was having trouble paying rent in the past, but I wanted to give her a shot since she was already there.

So far this isn't looking promising, but I was warned and semi-prepared going into this. It's also good to note that there was no transferred security deposit so I had included that into the rental agreement, which is to be paid in increments starting March 1st, and due in full by June 1st. I tried to work with them since they were already living there, but it doesn't seem to be working in my favor at all yet.

Thanks for any help I can get. It's my first property and I've done a lot of research, but I'd like to learn from the bigger pockets community.

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  • Member since 2016 · 13k+ posts · 12k+ votes
    9y

    First with inherited tenants you never "try to work with them". They have been trained by their previous landlord and they will test a new landlord to the limit.

    I sincerely hope you did not make the novice mistake of signing a term lease with these tenants. If you did you are going to be stuck with dealing for the duration of the lease. Unlikely you will get an eviction unless your state is extremely pro landlord. They will probably continue to pay when they please. If they are still M2M simply give appropriate notice to non renew.

    You have inherited two of the worst possible tenants. Arrogant and entitled. Terminate them with extreme prejudice if possible.

    Term leases are never good for landlords, you want all tenants on M2M. 

  • Real Estate Professional · San Clemente, CA · Member since 2016 · 29 posts · 12 votes
    9y

    Hi Megan, I'm almost in the same boat but I was lucky to get one tenant to setup automatic payment, while the other tenant has been late since she signed the lease and still owes the previous landlord money.  My biggest mistake was locking her into a year lease with below market rent just so I can build up some money for the first year.  I put my best foot forward to accommodate every issue and she still hasn't paid the rent for this month.

    My advice is, don't cut them any slack. They do not care and they will step all over you any chance they get (not all renters).  I was very sympathetic to her situation and I thought I could make it work but she took it as a sign of weakness.  I wish I didn't lock her into the year lease since I think it will be harder to evict her if she pays late but right before her 3 day notice ends.  Should have done month to month to feel her out first.

    The last thing I wanted to do was to go through the eviction process but since she thinks its a game and knows all the ends and outs, I will play it with her.  Hope it doesn't come to that for you but I've learned my lesson...don't cut them any slack.

  • Investor · Orchard Park, NY · Member since 2016 · 16 posts · 4 votes
    9y

    Thanks for your input.  I had them sign a month to month rental agreement, knowing that I did not have the opportunity to vet them myself and that it may not work out. I choose to 'work with them' because, though I understand that this is a business relationship, I'm still not heartless and would like to be able to live with myself at the end of the day before uprooting someone for no good reason.  Once given proper reason, which now it seems I have been given, I have no problem terminating the relationship. Thanks again for your comments!

  • Investor · Orchard Park, NY · Member since 2016 · 16 posts · 4 votes
    9y

    Jovon, good luck with your tenant.  I hope it works out for you.  Thankfully, my tenants are only month to month.  I will probably get the ball rolling this weekend unfortunately.  T2 even asked for some updates, which I'd planned to do (already purchased some materials), but now I will not be doing anything until she is either gone or starts making regular rent payments. 

  • Member since 2016 · 13k+ posts · 12k+ votes
    9y

    Professional landlords know better than to waste compassion on tenants. This is a business in which no good deed ever goes unpunished and tenants never have any positive feelings toward landlords.

    If you want to survive you will learn this business has zero tolerance for compassion and there is no room for feelings. You will learn that tenants do not care about landlords and most secretly dislike all landlords.

    Every single new landlord that comes on here with a tenant problem always say they were trying to be fair or give their tenant a "chance" and that tenant turned around and shafted their landlord.

    Smart landlords will always put themselves and their business first. Never operate a business on trust.

  • Rockford, IL · Member since 2016 · 126 posts · 48 votes
    9y

    I would start the eviction process.  I was in your shoes a year ago, and gave an inherited tenant a break.  It was constant drama.  If they tell you they have no place to go, simply say that is a situation that you will need to resolve. 

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