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Updated about 7 years ago, 09/14/2017
Noooooo tenant is 10 days late on rent. What to do ???
Basically I've posted a late notice on a tenant door. It pretty much stated May 15, 2017 which is today is her deadline and 19th is when the court precedings will begin. I text you this am and reminded her of the late payment and this is her response " Good morning, My available funds on my social security disability account have still not been released, they have identified who the individual was that fraudulently used my debit card and charges have been filed. Still I understand that doesn't solve my rent payment, I'm meeting with my pastor this morning I have explained my situation and I believe my church family is going to help me get my rent paid. Again I apologize for the inconvenience I have caused the company !! I'm really fighting as hard as I can mentally and physically not to be put out of my home !! I'm currently fighting incurable terminal kidney disease stage 3 daily plus diabeties and diabetic nerve damage in both legs , along with upper and lower bulging discs in my back. I'm not asking for pity just for a little understanding that I am really and truly a good tenant....I've just been put in an extenuating circumstance !! I will contact you and make immediate deposit as soon as I get my rent payment !! Sincerely Janice "
Any suggestions ? She been a day late twice before. Never really no real issues. Overall a decent tenant but this is a business. What should I do ?
I've been reading your thread so congrats on proceeding as a right business move! I know you probably didn't want to proceed with the eviction, but your hand was forced. Keep us all posted!!!
Originally posted by @Isiah Ferguson:
Basically I've posted a late notice on a tenant door. It pretty much stated May 15, 2017 which is today is her deadline and 19th is when the court precedings will begin. I text you this am and reminded her of the late payment and this is her response " Good morning, My available funds on my social security disability account have still not been released, they have identified who the individual was that fraudulently used my debit card and charges have been filed. Still I understand that doesn't solve my rent payment, I'm meeting with my pastor this morning I have explained my situation and I believe my church family is going to help me get my rent paid. Again I apologize for the inconvenience I have caused the company !! I'm really fighting as hard as I can mentally and physically not to be put out of my home !! I'm currently fighting incurable terminal kidney disease stage 3 daily plus diabeties and diabetic nerve damage in both legs , along with upper and lower bulging discs in my back. I'm not asking for pity just for a little understanding that I am really and truly a good tenant....I've just been put in an extenuating circumstance !! I will contact you and make immediate deposit as soon as I get my rent payment !! Sincerely Janice "
Any suggestions ? She been a day late twice before. Never really no real issues. Overall a decent tenant but this is a business. What should I do ?
'my check', 'diabeties', etc. none of that matters.
Like a machine you should give out your 3 day notices on the 4th (or whenever is allowed based on the grace period in your lease) and file eviction 3 days later. Period. End of story. Never never waiver. If they pay before court, great. Dismiss (but charge them the eviction fee). If they pay after court but before the constable comes out to remove them, great.
But never never never never (never) fail to file. That's something I'll fire a manager for on the spot. When a manager says "BUT THEY'RE GOING TO PAY" I say "Okay, I'll remove their rent from YOUR check and then the tenant will owe YOU the money". If the manager won't agree to do that, then they better file.l
So how,did it turn out?
@John Nachtigall She went with the same excuse. The judge explain to her that I did everything I needed to do and she should've paid her rent. She has until the 9th of June to vacate or she can appeal it. She told the judge she wants too appeal. So this morning I have to call the county clerk too see if she decided too appeal or not. Also we had a side bar and she explain to me how she want to stay and not lose her place but I told her that the property belongs too an out of state and investor and I'm just following company protocol and he wants her out.
@John Nachtigall Hey, I just spoke with the county clerk and she said my tenant hasn't filed too appeal yet. She has until the 9th to either vacate the property or appeal. If she appeal she'll have to pay 150$ appeal fee and also a prorated charge for staying at the property during the appeal process. 2 additional separate which I highly think she don't have but will see. If she doesn't appeal then I'll have to pay a 55$ too the court and they'll set a time and date for me to meet with the sheriff too take possession of the property. This is my first eviction. I'm so happy I get to experience this. So I can no what to expect moving forward.
Experience is the best teacher. You mentioned in this post your family had been on the other end of the eviction process. Regardless of how this turns out you should be very proud to have worked hard an attained success in life that lead you to the point where you are the one in control of the process now. The sacrifices have been worth it.
On this issue, it looks like everyone else was right and I was wrong and she was trying to play you. It is such a (relatively) small amount of money I would have thought the church would have ponied up by now. It is always amazing to me there is this section of people that have such poor financial planning skills they cant handle even the smallest of financial "hits". It is just so basic.
http://www.cnbc.com/2016/06/21/66-million-american...
Keep up the updates, I am sure your post will help others in their 1st time situations.
How does the process?
Hey @John Nachtigall. Tenant was suppose to leave June 9th which was forced by the judge. She decided not to leave and in the next hour or so I went back to the county court house and requested the sheriff dept to do a lock out. They schedule the locked for June 21st which was yesterday. When we got to the property the tenant was gone. Thank GOD lol. She left a few belongings and not sure if she coming back to get them. I changed the locks and the sheriff told me to give her 7 days to get her items and if not get rid of everything. Wasn't the easiest process for a beginner like myself but a good experience too see what I could be possibly dealing with in this buisness. The process was a learning tool for me. Now I have my unit back, I'm looking to get a handyman to come in and help me with the turnover, so I can get it rented asap.
Yeah that is why people do cash for keys, just to avoid the delay even though it seems wrong to bribe someone to leave your own house. You are past the hard part now, congrats. Just knowing you have done it now will make it very much less scary the next time. Good luck on finding the next tenet.
@John Nachtigall Thank you. I really appreciate it and will also keep you posted on the tenant move in. This will be my first time with this process as well. My first tenants were inherited.
"Originally posted by @Isiah Ferguson:
@Bernie Neyer @Matthew Olszak @Nicole A. @Paul Staszel @John Nachtigall Check out my last post guys. It's a pic of our back and fourth text. She has to go."
WHAT HAPPENED? DID YOU GET TENANT OUT?
Originally posted by @Heather O.:
"Originally posted by @Isiah Ferguson:
@Bernie Neyer @Matthew Olszak @Nicole A. @Paul Staszel @John Nachtigall Check out my last post guys. It's a pic of our back and fourth text. She has to go."
WHAT HAPPENED? DID YOU GET TENANT OUT?
Lol look above your post he posted about it
BTW. ALL CAPS MEANS YOU ARE YELLING
Originally posted by @Ashton Sharp:
Have you thought about cash for keys? Pay her to leave. Evictions are lengthy and permanent, and have a lot of potential for damages. 1000 now could save you a lot more by the time eviction is complete
we'd never give anyone 1k to move out in the south, more like 100-200, god I feel bad for you guys in California. In Georgia, the actual eviction process takes about 2 weeks.
Originally posted by @Isiah Ferguson:
@Bernie Neyer @Matthew Olszak @Nicole A. @Paul Staszel @John Nachtigall Check out my last post guys. It's a pic of our back and fourth text. She has to go.
:) you're right - it's time. You've been generous. Hit up your county courthouse. Grab an "Eviction Kit" - mine was $35 and educate yourself on this process and get moving. Best of luck, crappy situation all around.
@Isiah Ferguson Did you collect unpaid rent at all? Or file a judgement? Curious to see if it would have been better to give cash for keys per a situation I have with my tenant.
@Allan Smith I haven't collected unpaid rent nor have I file a judgement. What are the pro and cons of a file of judgement ? Would I receive full unpaid rents ? Etc
yes yes yes file for judgement
I wouldn't file for a judgement since you would be throwing good money after bad. She has no money for rent so she won't care about a judgement. Time to move on and make money.
Yes I'd say at this point it would be backtracking to go file another court case about it, but next time, after trying to avoid eviction, throw in the eviction filing that they owe you rent. You may throw away $100, but there's a chance you can garnish wages later. If nothing else, at least the eviction hits their background check. If you file eviction for possession only, it does not show up on their background check.
Repeat: Evicting a tenant without requesting past due rents will not show up on background checks for future landlords!!