How to proceed with non-paying tenant

Question

I have a tenant who's always paying late, but this month he's already behind December and January. He's a good tenant, keeps the house clean, does not ask for many things and does some repairs himself.

He says he will have December and January both by the 15th (he says he's working extra hours) Now, my plan is this; if he doesn't pay most of it for both months by the 15th, I will get together with him and offer cash for keys (trying to avoid eviction for many reasons) My question is, where do people actually meet with tenants to discuss this thing? He owes 2 months of rent, we you offer the cash, do you let those unpaid months go and just keep the deposit?, if he doesn't show up for the meeting I'll evict right away.

Also, he's a police officer, and although he's never even suggested using that as leverage for not paying rent or anything, I'm a little worried because well, he has a gun.

Thanks in advance.

Nathan Gesner · Answer

You're worried because he has a gun? It sounds like you listen to too much CNN.

Look, you made a mistake by allowing him to "always" pay late. You've essentially told him you don't care about deadlines and he can make up his own rules. It's no surprise that he's stretching the boundary.

Don't communicate with him. Wait to see if he brings the money in on the 15th. Make sure it's a money order or cashiers check so you know it's good. Don't accept a personal check that can bounce. Once you have money in hand, get back to business. If he's on a month-to-month, give him written notice of termination in 30 days. He probably won't pay but at least you have the deposit to cover any unpaid rent. If he's on a term lease, give him written notice that you'll no longer accept late payments. Late fees will apply and you will start eviction proceedings on the first day legally able. Then stick to it.

Why are you wanting to offer him money to leave when he owes you money? Man up and run your business. Demand he catch up and then get rid of him or keep him on track. If you're in the mood to give money away at least give it to an attorney and get what's owed.

Thomas S. · Answer

You follow the process as outline by your state landlord tenant regulations. If you do not know the procedure hire a lawyer and learn it for future referance.

Keep in mind that operating a business does not require being "strict" it is simply a matter of following procedure. If your regulations outline a process where by notice is given on the 2nd then you follow that procedure. Ther is no reason to not follow procedure when it is clearly outlined. What is outlined as something you "can" do is smething you should do without exception.

John Underwood · Answer

@Daniel Suarez I would just meet him at the property. I would think an eviction would not look good for him being a police officer. Lots of people have guns, I wouldn't worry that he would threaten you. Take someone with you if you do have concerns. They can also be a witness to the conversation if you have to evict.

Patti Robertson · Answer

@Daniel Suarez - Hopefully you have given him a 5 day pay or quit.  It is time to file an unlawful detainer.  Bill his ledger for the court fees and have those covered before the rent when he makes payment.  If he pays them by the time you go to court, he will get a one time exemption if he shows up, but if he doesn’t show you will get possession if you ask for it. He will know what that means and it will keep his rent as his #1 priority, because you can have him out in 2 weeks if you have possession.

Brian Mcmenamin · Answer

@Daniel Suarez Eviction is pretty quick in Virginia once you have a court date scheduled. I evicted a tenant this year and we got it done in 2 months. I would've preferred cash for keys, but she wouldn't respond to our outreach. Go with cash for keys, but I would recommend scheduling your court date early, so you can get them out quickly. Good Luck

Kyle J. · Answer

Looks like garnishment of wages (and bank accounts) is an option in Maryland too: https://www.peoples-law.org/index.php/garnishment

Daniel Suarez · Answer

thanks @John Underwood .

@Thomas S. I know, I need to be stricter with that. In Maryland you don't need to serve a pay or quit, you can evict directly. Would you still serve a pay or quit?

@Michael Noto , I think it's the latter. Would you serve the notice as a letter or email?

@Kyle J. Thanks so much, I have never thought of wage garnishment. The tenant and the property are in Maryland, I'll look it up and see if I can do that.

Kyle J. · Answer

Personally, I wouldn't consider a tenant who's two months behind on the rent a "good tenant".  But that's just me.  He already owes you money.  Don't start off the conversation by offering to pay HIM money to move in the form of cash for keys.  Make it clear that he still owes you the back rent and if he doesn't pay you'll proceed with evicting him and going after him for whatever money he owes you.

It's not that hard to win a judgment and collect on money owed.  I've done it and garnished my former tenant's wages for all of the money that was owed to me.  It looks like wage garnishment is also an option in your state (Virginia), and since you obviously know where he works and he has a good job you shouldn't worry at all about being able to collect the money that's owed to you.

Hopefully he pays on the 15th though and you don't have to worry about any of this.  In the future, I'd suggest not letting him get so far behind.  When tenants get too far behind they're often unable to catch up and it can frequently limit your options and leave you with no choice but to evict.  So it's better to address the situation right away.

Thomas S. · Answer

Sounds as if you have been neglecting your business responsibilities. A pay or quit notice should have been issued Dec. 2nd. I would arrange to meet with him immediately and serve him with the pay or quit notice at the meeting. Explain that it is normal business procedure and nothing to be concerned about provided he pays all past due rent and late fees by the 15th.

If he does not pay you proceed to evict, get your ruling and if necessary then file to small claims court to collect any money owed.

Alternately you simply ask him to leave or non renew the lease if on M2M. There should be no need to bribe him with ash to leave.

Highly unlikely he would shoot you and risk spending the rest of his life in prison over rent but tennats like police officers and lawyers often bully landlords. I personally choose not to rent to them for that reason.

Michael Noto · Answer

@Daniel Suarez There are two reasons people don't pay their rent on time

1. They have no money to do so.

2. They put off paying it and prioritize other expenses instead of rent because they feel their landlord will not call them out on it and they just keep pushing out when they will pay in full, then when they do pay they make partial payments and this cycle is very difficult to break.

You need to figure out which situation you are in with this tenant. The only way to do that is to serve your tenant with your states version of a notice to quit. This notice will instruct them to pay their owed rent by a certain date and if they don't they could face eviction.

Once served, the people who have the money and are just screwing with you will pay up and get current in most cases and the people who can't pay because they have no money won't come current and at that point you need to go forward with an eviction.

How to proceed with non-paying tenant

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