Methods of Evicting Non-Paying Tenants

[Brandon Gadish]

I just had a discussion about evicting non-paying tenants. I would love to hear other’s experiences here, but here is my preferred method of handling non-paying tenants.

I believe that people generally want to do what’s right (and don’t get me wrong, not all people do). Having said that, there are many circumstances that put people in situations to do things they would not normally do, and usually those circumstances have to deal with money and/or personal relationships. If someone is in a situation where they need to chose which bills are the most important to pay, they will automatically default to the basic human needs food, clothing, and believe it or not, yes they will generally pay for shelter too. So if your tenant is not paying rent anymore it is likely they are in a much worse situation than just not paying rent. When people get in a desperate situation they take desperate measures, and if they feel like the landlord is not sensitive at all to their situation along with all the rest of the world (true or not it is how they feel), they will often times be very difficult, and the eviction will rarely end up in a good situation for the landlord. There will be extensive repairs, and several months of unpaid rent, not to mention the time needed to repair the property.

I do take a hardnosed approach when they move in so I can set expectations up front letting them know I expect rent to be paid and paid on time. When I have had a tenant that paid fine for a while then all of a sudden not so much anymore, I need to question what is really going on (see the previous paragraph). Once I determine that a tenant will not be able to pay their rent; Instead of immediately taking the hardnosed and costly approach first I will offer them a cash payment toward their next deposit as long as they move out by the end of the month, and they leave the place in good order. This will appeal to their financial situation as well as make them believe you at least sympathize with their situation.

Offering a tenant $400 towards their next deposit to move out seems ridiculous at first, until you go through the standard eviction process to get your property back. After you get it back it has $4000 in damage.

And don’t get me wrong here, I know each situation is different, and there are certainly times that an eviction is in order

Brandon Gadish
Landlord Technology LLC

[Jon Holdman]

That is some crazy talk! If I'm at the point of evicting a tenant, they've already stolen from me. Most likely, they owe me a month's rent, and they have not paid. And, seriously, I'm going to pay them? Not a chance.

What's going on in their lives is not relevant. If they go to the grocery store, they have to pay before they walk out with their buggy. If they go to the gas station they have to pay before they drive away with their gas. If they don't, the cops get called, and if caught, they're booked for theft.

Somehow landlords are different? I don't think so. Rent's due on the first. Its late on the fifth and a three day pay or quit goes up. If they pay by the eighth, we're good and they stay. If they disappear by the eighth and leave me the keys, that is, they take the "quit" option, also we're done. If they're still their on the eight, the next stop is the lawyer's office to start the eviction.

If the choose either of the second options, I send them a bill for everything they owe: damage, cleaning, re-leasing fees, rent, lease breaking fees, legal fees, utilities, everything they're responsible for. If they don't pay, it all gets sent to collections.

Now, maybe if I lived somewhere like CA where they can stretch out the eviction for months, I'd do something different. But here if I'm on the ball with postings and filings, they can be set out before the month's done.