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Updated almost 5 years ago on . Most recent reply

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182
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Arta Montero
45
Votes |
182
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Tennant Rent Delinquency

Arta Montero
Posted

I am renting a house. Monthly payment is $1895. I had this Tennant since January. For the last two moths she asked if she can pay $1500 and we said ok and have not updated our lease agreement.

My concern is that she will keep doing it. Assuming I need to update lease to reflect missing payments and request that from here on I need to update lease to define a payback plan.

Wondering if the payback plan should include last two months or just from here on. (The tennant has paid full rent only one month since she moved in . We are doing some repairs initially and she was complaining and kept giving her discounts and last two months she requested reduced payment because of Covid 19).

Thought how I manage. Do I just update lease to call for payback plan only here on or can I go back in time and also include payback plan for last two months?

Thanks

Most Popular Reply

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432
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Karen F.
  • Investor
  • San Diego, CA
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Karen F.
  • Investor
  • San Diego, CA
Replied

You wait until the courts are back open, and it will be possible to file for an eviction.  Meanwhile, you try your best to get full rent, but you graciously accept anything she will pay towards the rent, since you have absolutely NO recourse even  if she doesn't pay a penny.  You find out everything you can about her place of work, bank accounts, etc, getting ready for garnishing from wages/bank account down the road.  You teach yourself everything about the eviction process where you are - a local landlord club is a great place to learn all this for free from other landlords, or you find out who is the most experienced and effective eviction lawyer in your area.  The minute that the courts will accept it, and according to the laws where you are, you begin the process of pay or quit, and the eviction process if she doesn't.

You really don't have any other choice in the matter.  You hope that after the courts are open, she pays up.  If she doesn't, you're gonna have to evict and  sue her in small claims for the back rent, assuming that you can garnish her wages.

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