Tenant stopped paying rent after notice to vacate

Tenant stopped paying rent after notice to vacate

Member since 2018 · 7 posts · 0 votes

Hi, 

Looking for some advice on how to handle this situation. I recently purchased a multifamily home to Owner Occupy. I gave the current, who is month-to-month 90 days to vacate. She has stopped paying rent. Should I proceed with the eviction process or would the cash for keys option work in this situation? How would you handle this. A couple of issues: I'm in Philadelphia and my rental license is pending approval. I just received an update that I need a Certificate of Occupancy so I'm not sure how long that will postpone this process. I was however going to still issue the 10 day pay or quit notice today. Any advice would be helpful

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Investor · Philadelphia, PA · Member since 2015 · 3k+ posts · 3k+ votes
7y

No Philadelphia judge will allow you to collect back rent if the time period in question took place prior to you getting a rental license/commercial activity license.

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  • Eric GiovannucciBusiness Member
    Investor · Boise, ID · Member since 2014 · 172 posts · 99 votes
    7y

    Ive had two instances where a tenant did not pay. A nice letter from my lawyer worked. That being said, you can always try to offer cash for keys, worst they do is say no? 

  • Rental Property Investor · Central, FL · Member since 2016 · 950 posts · 821 votes
    7y

    the faster you get them out the better.  They won’t go quietly into the night. I’d just evict. The threat of being evicted is a nice  motivator .  

  • Rental Property Investor · Indianapolis, IN · Member since 2014 · 354 posts · 167 votes
    7y

    @Ellen Seagul - if they are on a month to month lease, why did you give them 90 days?  On a month to month, you should have given them 30 days.  

    If they do not pay, you should evict.   Start with the quit-pay letter from your lawyer and if there is no response, move to evict.

  • Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes
    7y
    @Ellen Seagul 10 day quit or pay ? Should be given on the 5th and the eviction filed on the 15th . What are you waiting for ? GO DO IT
  • Member since 2018 · 7 posts · 0 votes
    7y
    @Dan Perrott My failed attempt to be nice and trying to avoid retaliation and the current situation of them not paying. I know better now for sure.
  • Member since 2018 · 7 posts · 0 votes
    7y
    @Dennis M. Posted the notice today and will go to court on the 17th if not paid, which I doubt.
  • Philadelphia, PA · Member since 2017 · 364 posts · 109 votes
    7y
    Originally posted by @Ellen Seagul:
    @Dennis M. Posted the notice today and will go to court on the 17th if not paid, which I doubt.

     Often times tenants just want to use their last month rent and security deposit to pay for last 2 months rent. Try to talk to them. Maybe that it will work out that way .

  • Investor · Philadelphia, PA · Member since 2015 · 3k+ posts · 3k+ votes
    7y

    No Philadelphia judge will allow you to collect back rent if the time period in question took place prior to you getting a rental license/commercial activity license.

  • Member since 2016 · 13k+ posts · 12k+ votes
    7y

    As you have now learned nice in this business is a licence to get shafted by tenants. You keep notices as short as possible then apply intimidation to leverage. Follow through with filing for eviction and communicate with them that you intend to destroy their credit if they do not pay immediately.

    Threats and intimidation work far better than nice in a situation like yours.

  • Member since 2018 · 7 posts · 0 votes
    7y
    @Max T. The license application is pending. I was able to get the certificate of occupancy from the seller. This is the only month that's unpaid so it's not like I'm looking for months of unpaid rent.
  • Member since 2018 · 7 posts · 0 votes
    7y
    @Thomas S. Agreed. But would the shorter notice have made a difference if they were going to stop paying anyway? Wouldn’t I still have to go through the same eviction process either way?
  • Member since 2018 · 7 posts · 0 votes
    7y
    @Lana Lee I’m hoping that’s the case here. The only problem is that this is an inherited tenant and they only paid a security deposit. What do you think is the best way to reach out? I would like to ask if that’s her plan but I’m not sure if calling her is going to have any benefit now that I’ve posted the quit or leave notice. I’m not sure if the conversation will get hostile. How would you approach the situation?
  • Philadelphia, PA · Member since 2017 · 364 posts · 109 votes
    7y
    Originally posted by @Ellen Seagul:
    @Lana Lee I’m hoping that’s the case here. The only problem is that this is an inherited tenant and they only paid a security deposit. What do you think is the best way to reach out? I would like to ask if that’s her plan but I’m not sure if calling her is going to have any benefit now that I’ve posted the quit or leave notice. I’m not sure if the conversation will get hostile. How would you approach the situation?

     Try to call. They can't hurt you over the phone. If they say they are moving by certain date I would ask them to sign a paper stating that. You can hand deliver. If they hang in there for longer period and have kids no judge will throw them out on the street until spring.

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