Unpaid Rent then Expects Approval for a Pool

[Kelley Phan]

Help!!

I have sent out a letter of notice to move out because of unpaid rent, it’s been 3 days so I will start the eviction process now but I checked on the home and they are in the process of putting up an above ground pool, it was just bought on day 3 of the notice to move out... they are mad... what is their game plan? what should I do?

I never thought to put in no pools in the contract.

[Erik W.]

Well, at least we know where your rent check went.  Pool party!

Continue on with eviction, as others have stated.  This is one of the unfortunate parts of the system: your tenants are already in breach of the lease, but until you get the official Writ of Possession from the court there's not much you can do.

For the future, fix your lease not to allow any attractive nuisances, including but not limited to pool, trampolines, playground equipment.  Talk to your insurance carrier as they will have a long list of "no-nos" that create risk for you.

Also, I suggest finding a way to TAKE the rent vs. WAIT FOR the rent.  ACH is offered by many banks.  This is the same service people use to automatically pay reoccurring bills like utility bill, mortgage, internet, etc.  But if not that then there are other ways to automatically pull the money from the account on the day it is due.  Some online companies offer auto-draft for land lords.  ClearNow is one, but there are many choices.  Also, ask the business banking department at your financial institution what your options are.  Become their first priority!