I won the eviction case. But the Tennat can pay. Options?

Question

*Tenant  Spellcheck is a blessing

I have a 4 unit building full of tenants I inherited.  One Tenant is in her late 50s and often pays 15 day late.  But all ways paid.

This September she slipped up and failed to pay.  She promised to pay next month by the 14th.  I did not want to risk it so we filed for eviction and won the case.  On the 10th of this month I can file for writ of possession.  Recovering the lost rents is not likely.  Now she has all the unpaid rents due plus court cost.

I do not like the Ideal of starting the eviction and the going back on it.  However keeping the rental income is Ideal.  After all, I am here to make money, not parent people. I though about offering her these terms.  And if she fails I will proceed with the writ.  Advice?

"The Landlord has elected, at his option, to not file for writ of possession if the following conditions are meet.

1)All moneys due are received before November 10th 2018 by 5:00 pm.

2)Payment of rent in the month of December is due on the 1st and must be received by December 5th 2018 by 5:00 pm.

MONIES REVIVED IN NO WAY IMPAIRS OR LIMITS ANY OF THE OTHER REMEDIES OR RIGHTS THAT THE LANDLORD MAY HAVE UNDER THE LEASE OR UNDER THE LAWS OF THE STATE OF ALABAMA"

Anthony Wick · Answer

Filed for eviction. Won the eviction. Want to keep tenant? What??????

You must have enjoyed the eviction process. Well, you'll be enjoying it again soon with this tenant.

Bart H. · Answer

We are willing to work with someone up to a point, but once we file for an eviction, I want those tenants gone.  There is no going back.  There is the risk of damage, and you almost certainly have a tenant who is without money, and you will just have issues in the future with non payment or late payment.

Our strategy has been to maintain the nicest house in the area, fix things immediately and get the best tenants.  Costs us some money in the short term, but we dont screw around with tenants who are unable to pay/take care of the house.

I would much rather have a two or three month vacancy than a bad tenant.

Wilson Lee · Answer

Update,

Thank you all for advising.

I did not do a good job of pointing out that I wished to work out a deal with her form the start. However,  She asked for more time to pay me back than I was willing risk the loss for further rent over.  So, I started the eviction process as a back stop.  And maybe pulled the trigger too quickly.  She also has a well qualified family member who can cosign/provide cash.

We have recovered all the lost rent and court cost, The Tenant agreed to a new lease at market rent (just $35/ month more)  co-signed by their family member.  She agreed to prepay rent for the last month of the lease and an increased deposit.  Both of which are forfeited in the event of a default. The late fee has increased as well.   We avoided, for the time, the cost to make the unit rent ready.

Also,  During this whole process, she tried to find a different place. She was turned down over a number of times.  She understands she not not likely to get approved for another rental home with the eviction now on her record.

I feel this experience  mounts the pressure to take care of her rent and shows her we are not push overs.

Denise Evans · Answer

@Wilson Lee You do not have to serve the writ. Her rights have been terminated. Sign a new lease with her with more stringent terms. Perhaps a statement that rent is due on the 1st and in default on the 2nd. That lets you get your notice of default out earlier. Maybe get a guarantor. Do what you can to improve your position.

Tchaka Owen · Answer

@Wilson Lee - I agree with the advice most have given you, if you had to go the eviction route, finish the deal. You'll find another tenant who will hopefully be prompt with rent. An suggestion that might help you not end up coming out of pocket big time like @John Patton is to let the tenant know that you will forgive the debt and not pursue if she leaves the place in good condition. That way she can focus on putting her money towards her next place. Yes, you'll lose a little upfront...but it will hopefully prevent you from losing a lot. Good luck.

Genail Anderson · Answer

I would recommend you checking with an eviction attorney in your state.  It may be possible to enter into a settlement agreement that would allow her to make payments and stay in the property for a certain time period to ensure that she is back on track, then if she fails to make any payments on time in that period, you can still execute the writ you already have in your possession without the need to go through the eviction process again.

Sam Craven · Answer

in texas we can take the money owed and boot em out.  Paying the debt is not a reason to keep them.

And if thats not what you are asking im curious why you would let them back after they are already a risk of removal again?

John Patton · Answer

I went down this road this past February. Tenant was  weeks late the last   2 years every month.  I pulled the plug and it cost me  8k for rehab plus lost 2k with no rent plus another $1500 I found out about last week. All in was about $12000 which was more than the whole year in rent. Bottom line, the short term I was better off keeping old tenant. Long run I bite the bullet with  have an updated home  that I will keep and a much better customer/Tenant.

What did I learn. Don't be so quick to pull the trigger on late rent.

Good luck. JP

Thomas S. · Answer

Normally I would say it is always a mistake to keep a tenant you have successfully evicted. Due to circumstance you could never have predicted you now own this tenant. Her inability to find alternate housing now places you in  position of controlling her life. Make sure you keep her rent at full market or above since she has no other option but to pay.

When you have a lease violation it is never too soon to serve an eviction notice since you always have the option to withdraw it when you get what you want or continue through to eviction if that is what the tenant desires. In this case the outcome was better than expected.

I won the eviction case. But the Tennat can pay. Options?

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