General Landlording & Rental Properties
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback
Tenant behind on rent and went into rehab
I have a tenant in a triplex that owes 1 month rent. I told him I was going to start the eviction process two weeks ago and haven’t heard from him since. (There have been ongoing problems with his rent payments). The apartment is always dark, he hasn’t collected mail and his phone won’t take calls. Then another tenant said that the first tenant said he was going to rehab. This made a lot of sense but I didn’t know he had a problem. Now I don’t know what to do. He’s gone but all his stuff is there and the future doesn’t look good for him turning things around. Can I/should I go ahead with the eviction? I really don’t want to toss him and his stuff out with him in rehab but I need to collect rent. Any help would be appreciated.
Thanks,
Eric
Eviction is the next step. Follow your local LL laws and if you aren't clear what they are hire a lawyer.
Unfortunately it's probably best to start the process of eviction now.
Once he's legally out you could also send him a check if you want to help him out. I get the sense that maybe you're trying to help him.
you have to protect your investment. Start eviction. If he gets out of rehab and wants to work on a repayment plan, great.... but you don’t want to be 3 months down the road in the same situation.
Do you have an emergency contact listed on your lease?
I had a similar issue. Tenant went to jail. Don’t deal, evict them immediately. If they get out before it finishes and they can magically pay you back the rent and fees and late fees sure let them stay. But you need to protect your investment.
I spent a month pondering it and I should of spent 20 minutes on the phone hiring an attorney to make it happen.
Eviction for sure. The tenants problems are not yours. Well they are until you get them out.
In Pennsylvania, there is a clause for 'abandoned property', which will not require a full/formal eviction. Check your state L/T laws carefully. Speak with a knowledgeable attorney.
Virginia also has a law for abandonment, so if a tenant does not notify us of absence but unit is clearly not being occupied, we can post a notice to contact us within x days or property is considered abandoned, then take unit back. Check your state landlord/tenant laws for abandonment.
- Real Estate Broker
- Cody, WY
- 39,993
- Votes |
- 27,159
- Posts
You told him you were going to start the eviction two weeks ago. That's what you should have done.
The second best option is to stop reading our responses and file right now.
#3 Managing Your Property Contributor
I agree with others, start the eviction. if you have an emergency contact number for him, call them. The tenant who mentioned he was in rehab may have contact info for the tenant in rehab.
@Lynn McGeein good to know about VA. I wonder if that is common to "Commonwealth" states?
Thanks for the responses. I'm going to start the eviction today. I didn't do it yet because I have to give 15 days notice before I evict. And I was trying to give him options- 1- Pay what's due by May 31, 2- Be out and clean by May 31 and use owed money to find a new place, 3- Get evicted. I was going to file today and allow it to go through if the first two options weren't satisfied. I am still not sure how long the process takes so I gave him a cushion (mainly in hopes that he chooses option 1 or 2 to keep my stress/work level down).
One more question- How important is it for me to hire a lawyer? I have read the laws and followed them. I have plenty of proof between the lease, 2 different letters outlining new payment plans that could get him on track showing that I tried to work with him and the letter I texted and hand-delivered outlining these options. It feels pretty cut and dry.
Thanks again!
Originally posted by @Lynn McGeein:
Virginia also has a law for abandonment, so if a tenant does not notify us of absence but unit is clearly not being occupied, we can post a notice to contact us within x days or property is considered abandoned, then take unit back. Check your state landlord/tenant laws for abandonment.
According to my lease abandonment is 10 days. I will make a post to have him contact me in that time frame. By law I can enter the premises after 7 days of no contact /absence and it will be considered abandoned after 10 days with no contact per my lease.
@Eric Allgeier Evict this guy. Nothing else you can do, your not running a charity.
@Eric Allgeier sorry to hear about the situation. I am assuming your tenant didn't let you know ahead of time about their situation or their intentions? They aren't paying rent, they just left and allegedly went to rehab? Sounds like they effectively abandoned their lease and left you holding the bag. Check with a real estate attorney before you do anything, especially with their personal items.
Originally posted by @Steven Lowe:
@Eric Allgeier sorry to hear about the situation. I am assuming your tenant didn't let you know ahead of time about their situation or their intentions? They aren't paying rent, they just left and allegedly went to rehab? Sounds like they effectively abandoned their lease and left you holding the bag. Check with a real estate attorney before you do anything, especially with their personal items.
That pretty much sums it up. I'm trying to figure out what he's thinking. He's not a bad guy or an idiot so I assume he has a plan. I guess he is just hoping things will magically work out. He might give me the "I'm clean, I'm going to get a job, its all good" pitch.
Everyone has issues but business is business. Check with your laws to begin eviction.
@Eric Allgeier your only option is eviction. Have a process server post the notice to vacate on the door so you have third party service that can be proven. Make sure you serve to him and "all other occupants" just in case someone else tries to claim occupancy.
Once you are awarded eviction, you will need to store his belongings for a period of time. Your state and local laws determine how long you must store them. You are entitled to charge him storage fee.
@Eric Allgeier
Part of rock bottom is the consequences you experience for years of action/inaction. You aren’t throwing him out. His actions are. You’re just a facilitator. Think of it like a vending machine. Money in drink out. When the money doesn’t come in, the drink doesn’t come out. Is that fair? Yes.
Originally posted by @Kyler Cook:
@Eric Allgeier
Part of rock bottom is the consequences you experience for years of action/inaction. You aren’t throwing him out. His actions are. You’re just a facilitator. Think of it like a vending machine. Money in drink out. When the money doesn’t come in, the drink doesn’t come out. Is that fair? Yes.
I very much agree. I guess I'm just trying to figure the best way to go about all this to keep it simple for ME not necessarily HIM. I don't want him torching the place or making this a huge pain. I also would love to avoid storing or moving all his stuff. I realize that's a part of the gig but I'd rather explore options first. If he was around or communicating this would be a lot easier. Thanks.
- Real Estate Agent
- Cranberry Twp
- 182
- Votes |
- 354
- Posts
I can only speak on our area, however, I suggest that you go ahead and start eviction. After the 2 week period between filing and hearing, there is an additional 10 days for tenant to appeal, and then another 11 days until they force possession. At that point, he has 10 days to notify you he wants his stuff or you can dispose.
I would check your local laws to confirm what you can and cannot do.
-
Real Estate Agent Pennsylvania (#RS287947)
@Eric Allgeier
Let me get this straight:
You told your tenant, who is a month behind, that you would start eviction in three days, two weeks ago?!
Sounds like you might want to consider being a landlord. Not trying to sound mean, but logical. Hire it out!
You are running a business. Try telling your mortgage carrier that you will be late on your payment because your tenant is in rehab. Sorry to sound cold, but evict!!
@Eric Allgeier
Everyone has a sob story on things. Best thing to do is start the process, if he contacts you and wants to make a deal like drop late fees for back rent, then keep him.
I have had druggie renters share a place with me and I know that a fix is more important then you getting paid.
Business is business. Dont let your emotions cost you money and headaches
Originally posted by @Kyle Godbout:
@Eric Allgeier
Let me get this straight:
You told your tenant, who is a month behind, that you would start eviction in three days, two weeks ago?!
Sounds like you might want to consider being a landlord. Not trying to sound mean, but logical. Hire it out!
You are running a business. Try telling your mortgage carrier that you will be late on your payment because your tenant is in rehab. Sorry to sound cold, but evict!!
No that’s not what I said. And yes, I’m evicting.
My opinion.....hire a lawyer and let them do their job. It will be the best $$ you spent and well worth it. Going cheap DIY on a legal matter than you have never done before is not a wise decision. Don't be cheap....be smart....
Paying my attorney hurt and I really didn't want to but I'm so glad I did. I should focus on what I'm good at and let him handle that business. He's been stellar so far and the one time I needed him to give me a warm fuzzy, he answered and had the answer. He was Johnny on the spot! It's been money well spent!