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Updated over 11 years ago, 03/14/2013
My Eviction Story (Long)
Tenant, moved in, paid first month rent, paid second month, paid some of third, then stopped paying for two months. At the time I was still using a property manager and he kept saying he was going to work it out and get the money so I delayed sending out notices.
Finally sent the 14 day notice, then the summons. Tenant did not show up and I won by default. Tenant filed a motion to overturn the default. Had to go back to court for 3 hours, listening to everyone's sad stories and then her motion was denied. Judge said we could talk in hall and maybe work something out.
I told tenant that I would accept one months rent and she could stay until end of the month. This was on the 8th. We had an arbitrator draw up an agreement that said she had to pay the rent by the 11th and she could stay.
Sure enough the 11th came and went and no rent. I called the court to see what my next step was and they said since we had an agreement, I had to file a new motion for the next week and would have to corme in again. The clerksaid I could also wait until the 31st and just file for the execution then. That is what I am going to do since I work and live an hour away and it is not that much more time.
I felt like a real fool for setting up the agreement and delaying the whole process when it was a done deal. I got greedy and didn't want to pay $300 to evict plus storage costs and thought I could get some money and let them leave on their own. The tenant definitely knew what they were doing by accepting the agreement.
Lessons learned:
Serve papers right away.
If you already won, do not file an agreement w court.
If you want to do an agreement, let them pay you and then decide if you want to keep your word or not.
Tenants may be stupid but when it comes to screwing landlords, they know how to play the game.
I think you forgot in your lessons learned about using Property Managers and if relying on PM's is a bad thing, hiring a crappy one is even worst.
I mean, if you would have stopped the buck right there, with the first late payment, that would have saved you a lot of time and money...
You are right. I surely have learned that lesson. He even charged me half a month's rent to find this "quality" tenant and tried to double charge me on the last month's fee. This is my first investment property and I have learned a lot of lessons in a year and a half.
Daniel H., ouch! Massachusetts landlording is tough, and the court system is heavily tenant slanted.
You may want to check out the Worcester Property Owners Assn or the Northern Worcester County Landlord Assn. they are both local to you and you may be able to get some help finding a good property manager or get some local resources for what to do or not to do in Massachusetts courts.
Also, @Brian Lucier is the head of Northern Worcester County Landlords, and he'll be speaking at Black Diamond in Worcester for our April Meeting about exactly this sort of thing. He has never lost in court and will have some great insight. I believe NWCLA has a membership fee, but you can meet and talk to him for free at Black Diamond.
That's the one thing I've learned....when people are facing eviction they will lie about anything. They will always tell you that they have a check coming and will be all caught up, I've never had that actually happen. Don't take their word and I would never let any of my tenants fall 2 months behind without filing an eviction unless they were on a defined payment plan that they were keeping up with. If they don't have a good track record with me I'll give them a 3 day notice (FL) between the 10th and 15th and if I don't get any money by the expiration of that I'll file my eviction and usually have them out around the end of the month. My long term tenants I will sometimes give them a month and once that first rolls around again and they now owe two months rent the eviction process starts....and I almost never wait that long. People that fall 2 months behind tend to never turn into ideal tenants.
I have learned my lesson and I would never have waited so long if it weren't for the PM constantly telling me he would work it out. I still did not lose the case just delayed it. I am 2/2 in court w tenants so far. Will be much more selective in the future and am planning on managing the property myself from now on. Things are already much improved. A little more work but well worth it. Plus an extra $3000 a year in my pocket.
If you want to scale investing you have to treat it like a business and take emotion out of it.
Tenants have to know above all else the rent has to be paid. EVERYTHING else is secondary. You do this by evicting them on the spot every time. If they pay and catch up great but if they do not they are gone. If they thrash the place before leaving then the tenant was not properly screened when placed to begin with.
Once a tenant knows nothing they can say or do will delay eviction starting promptly then they will start paying on time and play their games with every other bill collector or they will get out. You have to condition tenants like children in that you have to be the same every time and they have to know what to expect. When you send a clear message every time they will know where they stand and what they have to do.
- Joel Owens
- Podcast Guest on Show #47
WOW, Dan so sorry to hear that. The first year I took over properties I had to go through 3 evictions right from the get go. Yep those lessons learned sure taught me a lot. I still had 2 more during the past 2 years. Thing is, shiet happens and unfortunately when it does rent is the last thing on tenants minds. They all know in CT the court system is in their favor and will try to drag it out as much as possible. The court mediators are not on your side, I too had the same thing happen. Never again. Stand your ground and say that you will continue eviction due to "non-payment of rent" even to the judges and mediators. In the end you are in the right. If there is an arrangement make sure its cash money on the spot to extend for 10-14 days. Don't let mediators or judge extend any longer than that. Remember you are in the right from the get go. Non-Payment of rent.
I am sure MA is fairly similiar to CT laws. I usually follow up with calls on the 1st till payment is made. By the 5th if no payment a $50 late fee will be added by the tenth day they get a Notice to Quit. If no payment by the 15th I get the summary process going. I don't hesitate one bit. The last eviction was last December and I had the Tenant out by mid January. He didn't show so it was easy but its still a PITA because you have to go to courts for paperwork and marshalls to serve. I haven't done the cash for keys but I was thinking to try it next time. It just goes against all moral reasoning on my part but the business guy in me says for a few hundred dollars and get a tenant out within a week makes financial sense.
In the last year I've been doing a lot of training on the tenants. Many come from where landlords let them get away with everything. Not anymore ;) I am very stern and fair with tenants and they know I am no push over to evictions.
Yep, now I get everything moving right away. No late fees allowed in MA. I call a constable and they file/serve all papers and save me trips to courthouse. Pain to drive to court 1hr plus away and after working all night but sort of enjoy throwing out the scummy tenants. I enjoyed sitting in the courtroom and listening to all the tenant vs landlord stories. All tenants had same sad story basically. Some landlords really had their stuff together and some not at all. Some tenants were behind over a year in rent!!
I just can't bring myself to do cash for keys. The principle of it.. I'd rather eat a $1000 loss than give these people one penny.
Our franchise company, Property Management Inc., begins the eviction process after 2 days of being late. We try to protect the assets of our property owners. It is amazing how many people can come up with the money when they are being faced with being thrown out. Let em' know from the get-go that you don't mess around.
Originally posted by Joel Owens:
Tenants have to know above all else the rent has to be paid. EVERYTHING else is secondary. You do this by evicting them on the spot every time. If they pay and catch up great but if they do not they are gone. If they thrash the place before leaving then the tenant was not properly screened when placed to begin with.
Once a tenant knows nothing they can say or do will delay eviction starting promptly then they will start paying on time and play their games with every other bill collector or they will get out. You have to condition tenants like children in that you have to be the same every time and they have to know what to expect. When you send a clear message every time they will know where they stand and what they have to do.
So true.