Tenant has not paid rent and is not responding to call or text

[Zain B.]

Hello BP community, 

I have an out of state tenant who has rented my property for almost two years. He generally pays on time (some times before time) and I have never had an issue with collecting rent. Today is 6th of the month and I have not received the rent check. I called and left numerous voicemails and text messages (no response). Last year around November, we had a minor hiccup and his father proactively emailed me and apologized for the delay and said that my tenant feel sick and the father would deposit the check the next day which he did. I followed up with the father also and there was no response. Property is in Virginia and I live in New Jersey. I wanted to connect with experienced landlords to see what my next course of action should be. Any help you can provide would be greatly appreciated. 

Happy Investing.

[Johnny Hastings]

That one's easy. This applies to WI, and I have no idea what the eviction process is in VA. In WI, when someone hasn't paid the rent by the due date, I send a 5 Day Notice. Good tenant or bad, it makes no difference. That's the first step in the eviction process. I either hand deliver them, or mail them certified.

Usually the tenant will make contact at some point. If they pay up, with late fees, no biggie. I do note in their file that they've had a 5 Day Notice, and when. I also keep the proof that I sent it in the form of the certified mail receipt and a copy of the notice itself; there's times here when I won't have to send another one if they non-pay within a specific amount of time again. 

If the person contacts me and explains the situation, and when they'll pay; it's no biggie. I tell them the notice is a part of normal process, and protects me should they not hold up their end of the bargain. If they don't contact me, I check to see if they vacated, if they haven't, I post a copy of the 5 Day on their door. I also Facebook stalk them at that point, people don't realize it, but anyone can typically see that. I have found the status on a few absent tenants that way. 

All that said, if this guy is a good tenant, I'd say don't worry yourself. Perhaps they're on vacation, perhaps something else completely innocent has come up. Follow due process here, as it's your only recourse.