what to do about a tenant who is two weeks behind in rent. HELP!

Question

I recently just purchased my fist rental duplex and I currently have two tenants residing in both units. I'm having trouble with one of my tenants not paying, the rent is $800 and not communicating properly with me about how she's going to pay it. Her mother said she would help her with a portion of the rent but said" I will help her out but I'm not going to tell her I'm going to help her I want her to be able to come up with something." I then asked the mother when she'd be able to make a payment and her response was "I will have my portion of the rent on the 24th of may almost a month after rent is initially due, I went and spoke with the tenant person to person less than a week ago and explained the severity of this issue and what the outcome would be, and she agreed to be able to give me a date as to when she'd be able to pay and just hasn't responded to any of my text messages or phone calls. I'm concerned because the tenant recently just lost her job, and only recently has started a new one and has a child. I recently just paid my mortgage for the first time and had to come out of pocket for her portion of the rent,  Being how I'm still fairly new to this I'm having a hard time trying to make a decision in what my next move should be, Any and all advice as to what my next plan of action should be would be greatly appreciated.

Nathan Gesner · Answer

Don't call the tenant and remind them rent is due. They already know.

Don't call and tell them they are late or threaten to charge a late fee. They already know.

Think of it like a business. Does your bank call to remind you when your mortgage payment is due or late? No. They don't knock on your door. They don't call and ask why you're late or when you think you'll be able to pay. They don't express empathy when they learn your radiator blew and the bill for repairs was twice what the mechanic said it would be and then you lost your job because of a urinalysis but you're going to fight it because you've been clean for months and you're really stressed because your mom was just diagnosed with breast cancer and won't be able to support herself by working at the Kitty-Kat Lounge and besides that, you're not paying rent until the oven is fixed because it hasn't worked since I moved in five months ago...

Talking to Tenants will eventually wear you down. Charge rent, charge the late fee, mail the notice, file for eviction. Deviating from the policy demonstrates that the written agreement doesn't really matter.

She says, "I'm going to be ten days late with my rent this month because blah, blah, blah."

You say, "Thank you for letting me know you will be ten days late with your rent. Per your lease agreement, a late fee will be added on the 5th day of the month."

That's it. You can be friendly and acknowledge them but you don't need to negotiate with them or listen to their sob stories.

Shannon Slade · Answer

Well first, Send Notice to Quit (Eviction notice)

You can find this out through your states website.

I recently just paid my mortgage for the first time and had to come out of pocket for her portion of the rent,

Before you get into many more deals make sure you have reserve funds set aside as though this does not cause you stress, its a business deal.  If you have the reserve funds set aside then you can be a nice landlord and try to work out a payment plan to get them caught up. Reserve funds give you more choices.  Most tenants when they get behind get embarrassed and do not like to communicate until they have the money, don't sweat it send the notices and then evict if it comes to it.

Just so you know most tenants once they get behind very rarely catch up, they usually pay higher amounts at first then the payments get farther in between and lesser amounts.

Do not let this drag out too long or you will look up one day and be $thousands behind. Good Luck

Justin B. · Answer

Because you have to look at this like a business, you have to start the eviction process.  One of 2 things will happen.  She will see you are serious and pay the rent or she will get evicted.  The majority of the time (at least in my case), starting the process lends itself to getting rent paid.  If she has the ability to pay and she just doesn't want to or is trying to play you in any way, the eviction process will get the rent paid.  If she truly can't pay, she'll be evicted and the sooner you start the process, the sooner you will be on the road to getting a tenant who can pay.

Depending on the situation, being somewhat lenient isn't a bad thing.  I don't go posting eviction notices the day after rent is late, but you've been in talks with her, she's not responding, and it's been 2 weeks, it's time to do it.  I'm glad you aren't posting about her being 6 months behind and asking for advice at that point.  I can all but guarantee the 24th will come and go with no rent being paid, followed by the next excuse and another date.  Evictions aren't quick so if you start and she pays on the 24th, great.  If not, you are 7-8 days into the eviction process and just that much sooner you can get her out.  And before anyone says that's heartless (keep in mind he has tried to work with her and I usually do too, but it's past the point of that now), I will point out that it's a business and it's not your fault she got into a rent payment she can't afford (regardless of having a child or any situation).  This is one of the reasons I use a property manager.

Ajeenah Alexander · Answer

File for eviction TODAY and only except full rent payment. Do not except any partial payments, as the courts will view this as a settlement. This will NOT be the first time you will deal with this with this tenant so save yourself some agony and get rid of her now. When you vet out your new tenant, make sure that you get a credit report and check if the person makes on time payments. Be sure to do a background check as well because eviction is considered a criminal offense. Take the personal issues out of the equation. You have to view this as a business. You can't go to a restaurant and tell your server that you lost your job and think that you'll get the chance to eat for free. Cut your losses and get rid of her ASAP!

Deanna McCormick · Answer

@Justin Frye you will get a new tenant. You will now start removing this one you have all of our permission.

Post pay or quit TODAY.. only accept cashiers check, money order or I'd even take cash at this point and write a receipt.. Give 24 hours.. for payment by 9 am Thursday.. if not paid in full go on to file for eviction action Thursday.

Your out from under her lease once she's gone so good riddance. She's got an eviction action on her record so she could care less. She knows the ropes and fully understands the process maybe even better than you.

GOOD LUCK but that comes with action..

Craig Jackson · Answer

Set up some procedures that agree with the legal laws for your state and follow them.  When you negotiate and give them time they take advantage of it they don't care if you have a mortgage and how their non payment impacts you. You don't know her mom so you can't take her word either. Everyone is nice in the beginning. You have to show them you mean business. Only way to do that is handle your properties like a well run business would, be professional and respectful. It goes a long way.

MIchael Rickerd · Answer

I'd argue that this is your fault. Stop playing the blame game and feeling like a victim who was 'set up' for failure. That mentality will get you nowhere. Understand that your failure to perform your due diligence, a trait that is a necessity as a landlord, got you into this situation. Let this be a lesson for future purchases with inherited tenants.

See this situation as a means to take responsibility for your situation. See it as a means to growth and becoming a more sophisticated and efficient landlord. This mentality will take you somewhere, most assuredly.

Good luck with your situation. If it comes down to an eviction (that would be my route, without a second thought) I hope you have a speedy and pain free removal.

what to do about a tenant who is two weeks behind in rent. HELP!

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