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Updated over 3 years ago, 09/13/2021

User Stats

10
Posts
2
Votes
Phillip Austin
  • CHARLESTON, SC
2
Votes |
10
Posts

Tenant move out/eviction question

Phillip Austin
  • CHARLESTON, SC
Posted

This is my first tenant that I ever placed and she didnt quite meet the financial thresholds that I wanted but she brought a co-signer so I let it fly. Well, she paid ok (a few late here and there, but not something I fretted over) and she had a stroke back in January. After her stroke, she sought rental assistance which paid out and she paid on time for a couple months. Now, she has lost her job as a result of that stroke. She is now 4 months behind, which triggers my initial reaction to file eviction. However, she has offered to move out as a result of the non-payment but has also said that she would like to bring it up to term. My partner and I are not quite sure where to go with this, we are within out legal rights to move on her but should we allow her to bring the account to current? Any advice is greatly appreciated!

User Stats

9,999
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18,557
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Joe Splitrock
Pro Member
  • Rental Property Investor
  • Sioux Falls, SD
18,557
Votes |
9,999
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Joe Splitrock
Pro Member
  • Rental Property Investor
  • Sioux Falls, SD
ModeratorReplied
Originally posted by @Phillip Austin:

This is my first tenant that I ever placed and she didnt quite meet the financial thresholds that I wanted but she brought a co-signer so I let it fly. Well, she paid ok (a few late here and there, but not something I fretted over) and she had a stroke back in January. After her stroke, she sought rental assistance which paid out and she paid on time for a couple months. Now, she has lost her job as a result of that stroke. She is now 4 months behind, which triggers my initial reaction to file eviction. However, she has offered to move out as a result of the non-payment but has also said that she would like to bring it up to term. My partner and I are not quite sure where to go with this, we are within out legal rights to move on her but should we allow her to bring the account to current? Any advice is greatly appreciated!

 Why not let her get caught up on rent and move out? Have her sign an agreement stating she is moving out and getting current on rent to avoid owing you money. I would even agree to waive the late fees in exchange for payment via secure funds (cash or cashiers check) and her prompt move out. This is a business decision. If you can walk away even and avoiding court, it is all the better for you and your partner.

  • Joe Splitrock
  • User Stats

    20
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    21
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    Ryder Cotton
    • Realtor
    • Nashville TN Long Beach, CA
    21
    Votes |
    20
    Posts
    Ryder Cotton
    • Realtor
    • Nashville TN Long Beach, CA
    Replied

    Hey Phillip, 
    I hope you're doing well. 

    IMO, I would try to work out a payment plan with her and get her out sooner rather than later. I understand that she's having a lot of issues; however, it could take her another several months to catch up and that's IF she's able too. You may end up having a non-paying tenant for much longer than you would like. So, perhaps letting her stay to catch up isn't ideal for you. 

    I agree w/ Joe. Waive the late fees or waive a month of rent and get her out as easy as possible. Dealing with courts isn't necessarily a lot of fun. 

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