Rent went wrong in Houston TX. Should I evict them?

Question

My tenants that enter the house in May were paying okay, but in September they start paying late and in October they asked me to pay a partial amount because they had car accident and he in the hospital and I accepted, but now in November they asked me again to do a partial payment even they have not pay the second part of October, so this time I told them that I will not accept partial payments anymore and they have not pay, so I sent them a 5-day notice to pay or quit, and they sent me yesterday a message saying something like "we just asking for few more days to pay, but if you evict us our attorney will reset the eviction and it will take you like 2 months to get the house back", so I am not sure what to do. Should I just go ahead and evict them, or should I try to talk to them? Also, it worry me they will do something to the house.

Thank you

Thomas S. · Answer

"I really do not want to spend 2 or 3 months in this eviction."

It is not your choice to evict it is your tenants choice. They owe rent and must pay or leave. Your best option is to send them a formal letter requesting full payment of rent owed and release them from their lease. Make it clear you intend to continue with the eviction otherwise.

As for not wanting to spend 2 or 3 months with a eviction that is not your choice. It is part of doing business and a necessary time and money expense. You will spend what ever amount of time it takes as part of the normal operation of your business.

You could also take the financial hit by simply forgiving their debt if they agree to leave immediately. Tell them that once they are out you will withdraw the eviction.

The mistake you made, and the reason you are where you are today, is because you did not issue your pay or quit notice the first time they paid late in September. Unfortunately by not doing so you began training them that it was acceptable to pay late. Once a tenant pays late they will continue doing so until they stop paying and are evicted. It is a down ward spiral that landlords them selves create by not following proper business practices. A notice to pay or quit is mandatory as part of a landlord obligation to train tenants and protect their business interests.

Tenants are like puppies, everything you do or don't do is part of training. Landlords with problem tenants have brought it on themselves by not properly training to break them of their bad habits. However some tenants, like some dogs, ultimately may need to be put down (evicted).  In the majority of cases unfortunately it is not the tenants fault.

Nathan Gesner · Answer

@Robert Clement

Evict, evict, evict.

We all have life issues. Some of us realize this and prepare by living within our means, maintaining a savings account, etc. If a tenant is living paycheck-to-paycheck and one incident derails their life, that's a major risk and not one you want to deal with. You'll do yourself a favor by kicking them out and it will possibly help them to get their financial life straight by moving into something more affordable.

They could also be lying to you. I notice it's almost always the low-income, paycheck-to-paycheck tenants that have emergency expenses like flying to Las Vegas for Aunt Bernice's funeral or their brothers wedding that apparently just popped up with no notice.

Marc Winter · Answer

Fear no tenant!

Notice how they start to threaten you with lawyers and delays?  It's a tactic.  If you give into threats and intimidation, they will own you.

Next time, DO NOT accept a partial payment without 'starting the clock'--if they don't pay in full when they promised (get it in writing) then pull the trigger and file eviction.

By the way, here's what we do:  whenever a tenant threatens with an attorney/legal action, we stop the conversation and tell them to have their attorney contact us--we are filing.

They can 'stop the clock' by paying in full, plus filing/court costs.  Or they can move out.  Either way, you will have less stress and remain in control.

John Underwood · Answer

I would definately start the eviction, Escpecially since they threaten you. These are not the people you want to keep as tenants. They will catch up the rent, leave on their own or be forced out.

Dan H. · Answer

I agree with the other replies to evict but want to add the recommendation that you learn the landlord/

tenant (L/T) laws for your location.  Where my rentals are, there are many potential gotchas when it comes to eviction.  Some of them do not make much sense but they are the rules.  For example, be leery of accepting partial rent.  You may think that it is getting you some of the money owed but in some locales the time of being delinquent starts with the last accepted rent payment even if that is a partial payment.

As a landlord that is the PM you should know the L/T laws better than your tenants.  It is part of being a PM, no different than being able to maintain the property, fill vacancies, manage the finances, etc.

Final recommendation, if they do not make good on their rent and late fees, pay to have a recovery service (such as Rent Recovery Service or AOA Debt Reporting) attempt to collect and ding their credit report if they do not pay.  You likely will not collect anything but the issue will be reported to the credit reporting bureaus which could save another landlord who performs thorough checks from renting to someone who has missed payment.  We do not rent to anyone that has failed to pay rent, been evicted, or has a violent crime conviction.  I realize they need to live somewhere, but it is not in our units.

Good luck and I am sorry you have to deal with this tenant.

Mary M. · Answer

so, here I am going to be contrary again.  Is this an otherwise good tenant? if so I would see if you can make an arrangement for rent to be paid and back rent repaid over X amount of time. You can get a signed agreement and if they fail to perfom you at least can feel like you are a decent human  being and gave them a shot.

If you want to go to eviction process then find out what the laws are and you yourtself an Atty,

And, lack of funds does not stop tenants from legal help. There are plenty of free tenant legal resources out there and honestly unless you  have deep pockets they will be able to lawyer up much faster than you and will happily "spend" more (since they are  not paying) (ask me how I know)

Bob B. · Answer

@Juan

@Juan Del Arco I'd bet their cable bill is paid and they still have smokes and PBR.  Kick them to the curb and don't look back.  Once they threaten "ATTORNEY" they show who they really are.  This is why you should have reserves.

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Juan Del Arco · Answer

I will start the process, no doubt about it now.Great answers and support! Thank you all!

Cody L. · Answer

100000000000000000000% evict.  Let them know that the process takes about 3 weeks and if they pay, it'll be canceled.  But you have to start the process.

You need to put that stuff on 'auto'.  auto send 3 days on the 4th.  auto file evictions on the 8th.   If someone says they'll pay on the 9th, tell them that evictions are filed on the 8th and you can't do anything about it.  You'll be amazed at how many people pay on time.

I feel for their situation but everyone decides what they'll forgo paying as no one has unlimited money.  And when someone has things that "have" to be paid, they'll push back paying the ones that cause them the least pain to push back.  Make sure rent is the worst one to pay back.

If you don't change your mindset, I promise you'll be one of the owners I end up buying from.

Rent went wrong in Houston TX. Should I evict them?

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