Can I evict for non payment of pet deposit?

Poolville, TX · Member since 2017 · 43 posts · 2 votes

I rented my moms house after she passed to 2 young men. Rent is 900.00 per month. After they moved in they moved another person in so rent would only cost 300.00 each per month. Next they brought 2 dogs without saying anything and lease says NO PETS unless agreed by landlord and 300.00 deposit per pet. One tenant paid his pet deposit but the other will not. He first said he wouldnt pay because he lost his job and needed to get another so I gave him 30 days to pay pet deposit. When 30 days was up he said he would not pay because he didnt have money. I told him he could pay out pet deposit at 50.00 per month. He said then he would move but wanted 300.00 of rent back first. Can I evict for this?

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Robert GilstrapPro Member

Residential Real Estate Broker · Cartersville, GA · Member since 2015 · 575 posts · 581 votes

@Vickie Bruce don't walk but RUN to your nearest professional property manager because you are making every mistake in the book and in short order landlording is about to beat you up severely. You need to know what you are doing before jumping in. You run the landlord tenant relationship not the tenant. Learn this word and repeat it often: "NO"

We have pets. NO

Can I pay late? NO

I want my money back. NO

Can we each pay our part of the rent? NO.

We moved in 2 more roommates. NO

You need to learn the business and then run it like a business. I only wish you were in Georgia so I could help more.

[email protected]770-480-7301

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Alex Deacon
Investor · Pittsburgh, PA · Member since 2015 · 1k+ posts · 1k+ votes
9y
@Vickie Bruce They are in breach of the lease so I would say yes you can file for eviction
2 Reply
Vickie Bruce
OP
Poolville, TX · Member since 2017 · 43 posts · 2 votes
9y
Do I have to give this guy part of his 300.00 rent back? He said if I gave him 300.00 rent back he would go, but the rent is 900.00. He was 1 week late paying the 300.00 and wont pay late fee for that either. Not sure how to evict on this. He has sent rude texts to me saying I spent his money and thats why I wont give it back to the point I just dont respond to him.
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Linda WeygantPro Member
Investor and CPA · Arvada, CO · Member since 2015 · 2k+ posts · 3k+ votes
9y
Read your lease.
Do you have a 30 day notice period to leave?
Do you have a fee for early lease cancellation?
Do you have a clause that says how payments are applied? Mine states that all payments are applied in the following order:
1. Maintenance charges and other bill-backs.
2. Deposits
3. Late Fees and interest
4. Rent
This way, if anybody doesn't pay for something, the lease states that the payments are applied to everything else before rent. That way, I have unpaid rent as a reason to start eviction if needed.
In no way, shape or form should you refund this month's rent while he is still living there. If you want to refund him anything, you pro-rate the daily amount and refund that to him on the day he moves out.
You'll also want to make sure that third person gets on the lease so you can get a background check done on him and have the ability to enforce the lease against him as well.
Podcast Guest on Show #244
1 Reply
Vickie Bruce
OP
Poolville, TX · Member since 2017 · 43 posts · 2 votes
9y
Thank you so much for the help. I am learning as I go how to be a landlord. I have learned a lot so far, but seems to be so many specifics. I do have a 30 day notice period to leave but no fee for early cancellation. I do not have a clause for how payments are applied but I will after this. The guy who is not paying the pet deposit is now bullying me saying he will get his mother after me. Im not afraid, but I do live next door alone. Things were much easier when my mom was my neighbor. Can you please tell me if I evict all or just one person on the lease? I very much appreciate any advice at this point.
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Dustin Beam
Kansas City, MO · Member since 2015 · 609 posts · 321 votes
9y
They moved pets in without following the rules. That's cause to evict. You also may be able to reason with the other tenants. They are going to be paying half rent instead of 1/3 soon enough. They may be willing to pony up his rent to avoid an eviction on their record.
2 Reply
Vickie Bruce
OP
Poolville, TX · Member since 2017 · 43 posts · 2 votes
9y
Thanks for advice. I posted the comply or quit notice last night and took a picture of it taped to the inside of their glass front door. Now Im waiting for 3 days to file for eviction. I just hope this doesnt blow up in my face. I want to be stern but if ajudge doesnt go in my favor then they are going to try to run all over me.
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Eric Anderson
Visalia, CA · Member since 2015 · 97 posts · 44 votes
9y
Would you consider a cash for keys approach to getting the problem child out of the your property quickly?
Every day he stays in the unit is another day of lost income, more time for the strife to build, and possibly enough time for him to get pissed at you and take it out on your property (leading to additional maintenance dollars).
Holding people accountable is a noble idea, but getting a problem child out quickly may be the better investment in your property and your sanity
2 Reply
Vickie Bruce
OP
Poolville, TX · Member since 2017 · 43 posts · 2 votes
9y
These tenants have made this so complicated. First of all they think its ok for each one to pay 300 per month since there are 3 of them living there and rent is 900. That leaves me having to chase down three people each month for the rent. They have never all 3 had the rent on time. I assess late fees to the one who doesnt have his 300. This month one of them brings a dog and I ask for 300.oo pet deposit and he paid it. Then the other one brings a pit bull. I tell him to pay pet deposit and he says he cant because he lost his job. I give him 1 month to pay the pet deposit with his next months rent. Not only was his 300.00 rent 1 week late he says he cant pay pet deposit because he has too many other bills. I told him then to pay 50.00 extra per month until it is paid. He say no and asks for his portion of the rent back which was 1 week late and didnt pay late fees and said he would move if i give it back to him. My argument is I have consistently told them I am not renting by the room and that rent is 900. Now asking for 1/3 back after a week late and no late fees paid. Im afraid i will give money back and he will stay any way.
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Linda S.
Investor · Richmond, VA · Member since 2016 · 1k+ posts · 2k+ votes
9y
Who is your lease with -- do you have 3 separate leases, or 1 single lease with all 3 of them on there? If you have 3 separate ones, you can evict him only, but if you have a single lease with 3 of them all together, you need to evict all 3 of them, whoever is on the lease. Right now you're $300 short, which makes it complicated because you've accepted partial payments.
I wouldn't give him any slack, regular apartment complexes wont. It really depends all on your lease, and what it states. in the meantime, I'd absolutely kick his dog out, sorry-- simple as that.. you don't have a lease with any dog, so get him out.. the owner will likely follow!
1 Reply
Vickie Bruce
OP
Poolville, TX · Member since 2017 · 43 posts · 2 votes
9y
Okay, how do I get the dog out? Thank you for this advice. They are all three on the lease. The third one was added about 2 months ago.
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Linda WeygantPro Member
Investor and CPA · Arvada, CO · Member since 2015 · 2k+ posts · 3k+ votes
9y
I would honestly get all three out. They are taking advantage of you and they really seem to be controlling the relationship.
Once you get them all out, consider putting this house under property management for a year while you learn more about how to manage the property, how to write a lease that favors you more and generally protects you and your property from people like this.
Next time you put tenants in, establish and maintain control of the relationship from the start.
Podcast Guest on Show #244
2 Reply
Robert GilstrapPro Member
Residential Real Estate Broker · Cartersville, GA · Member since 2015 · 575 posts · 581 votes
9y
@Vickie Bruce don't walk but RUN to your nearest professional property manager because you are making every mistake in the book and in short order landlording is about to beat you up severely. You need to know what you are doing before jumping in. You run the landlord tenant relationship not the tenant. Learn this word and repeat it often: "NO"
We have pets. NO
Can I pay late? NO
I want my money back. NO
Can we each pay our part of the rent? NO.
We moved in 2 more roommates. NO
You need to learn the business and then run it like a business. I only wish you were in Georgia so I could help more.
[email protected]770-480-7301
5 Reply
Vickie Bruce
OP
Poolville, TX · Member since 2017 · 43 posts · 2 votes
9y
Thank you, I very much appreciate your input. If anything, I am validated in my stand to evict the boys. This rental experience has been a headache and I can see where it is all because of my lack of knowledge. In the meantime I have received a call from the tenants since I posted the Notice to Comply or Quit, and they want to know what they can do to fix the problem.
0 Reply
Mindy JensenPro Member
BiggerPockets Money Podcast Host · Longmont, CO · Member since 2014 · 7k+ posts · 10k+ votes
9y
@Vickie Bruce , they can pay the back rent PLUS late fees PLUS pet deposit IN FULL within X days (whatever your state says) in order to stop the eviction. If you want to keep them.
If you want them out, read your state's landlord tenant laws and follow the eviction rules.
[email protected]Podcast Guest on Show #261
1 Reply
Kalimah Jenkins
Investor · Marietta, GA · Member since 2014 · 226 posts · 97 votes
9y
Vickie Bruce You are being way too easy. Your tenants shouldn't be allowed to bring another person in unless a minor family member and shouldn't be allowed to have pets if that's what you want as your policy. Don't have wishy washy leases. Pets IF approved; another person, etc. Should say only residents are on the lease and No Pets. My lease says pets = forfeiture of xxx of security deposit and move for eviction. Period.
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Greg H.Pro Member
Moderator
Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes
9y
@Vickie Bruce
I assume this is the uninsured house that you spoke about in another thread ? Pit Bulls in an uninsured property(although most insurance companies do not cover pit bulls for landlords anyway) are potentially putting your personal assets in jeopardy ! Get them out
Unless otherwise stated in your lease, all 3 tenants are 100% responsible for the rent. You will need to file against all 3 in your JP court. This will cost you more $$$ but has to be done
No doubt I am one of the few who has spent a valuable second of my life driving through Poolville ! I have done a few deals up that way in Byers, Nacona and Bowie. Get them out asap
1 Reply
Matthew Olszak
Real Estate Broker · Chicago, IL · Member since 2015 · 1k+ posts · 2k+ votes
9y
@Vickie Bruce Hopefully your lease is written that each tenant is joint and severally liable for its terms. That way, if one doesn't pay, either rent or a deposit or a repair, the rest are also liable and they can then sue one another to recover what they feel they are owed. You leased to the group, not to the individuals (hopefully). If one person is semi-responsible, you can use this to pressure them to pony-up and get the money back from their friend.
Remember your lease is an agreement between both parties. You need to follow its terms, and they need to follow its terms. Everything should be spelled out so anytime they ask a question like paying late, or adding pets, you can refer back to the lease.
1 Reply
David Kane
Suwanee, GA · Member since 2016 · 16 posts · 7 votes
9y
Robert Gilstrap is correct, you are getting into areas that can get costly. Some very expensive mistakes in life include: Going to the IRS without a CPA, Going in front of the Judge without a lawyer and dealing with problematic tenants without a professional property manager. It may be very worth your time to give a local property manager a call and finding out how they can help you run your property like a business... look for one that is a member of NARPM.
2 Reply
Vickie Bruce
OP
Poolville, TX · Member since 2017 · 43 posts · 2 votes
9y
This is the mess these tenants have on their porch and the holes dug by the dog.
0 Reply
Eric Anderson
Visalia, CA · Member since 2015 · 97 posts · 44 votes
9y
@Vickie Bruce
What is the next action you will take to put this problem to rest once and for all?
0 Reply
Vickie Bruce
OP
Poolville, TX · Member since 2017 · 43 posts · 2 votes
9y
My plan is to be at the JP court Monday morning to petition for an eviction of all three. I have pictures, receipts of late payments and my lease that says NO PETS. Then I have gotten better lease TAR 2001 and will be very selective renting from here on out.
0 Reply
Vickie Bruce
OP
Poolville, TX · Member since 2017 · 43 posts · 2 votes
9y
My plan is to be at the JP court Monday morning to petition for an eviction of all three. I have pictures, receipts of late payments and my lease that says NO PETS. Then I have gotten better lease TAR 2001 and will be very selective renting from here on out.
0 Reply
Glenn Paulson
Woodland Park, NJ · Member since 2017 · 22 posts · 12 votes
9y
@Vickie Bruce How did you make out?
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