All Forum Posts by: Abass Sheikh

Non paying inherited tenant's spouse is complicating repairs and maintainence efforts by making scheduling difficult and even when finally scheduled, they don't open the door sometimes for half an hour to an hour or make last minute reshedule requests. So far two contractors that went there gave up, with one of them refunding me some upfront money given and were only able to do little stuff and a third one didn't even get past step one!

They feel like its not worth their time wasted although once they get there in person they have some good things to say about tenants/occupants. Also, they don't allow enough time (like one of them wanted to do work for about 2 hours, but they only wanted them there for half an hour or so and wouldn't confirm upcoming future date until last minute).  

Already handed over to eviction attorney but wonder whether they are trying to delay repairs as a defense tactic in eviction proceedings? They also once mentioned why am not using them for repair work in exchange for some of the outstanding rent (got me uncomfortable with that)

Also tried to get a PM but once they find out details of tenants/occupants and the eviction process they back off and ask me to contact them again when this has been resolved. 

Based on my limited (newbie) experience and talking to few attorneys, you cannot send the late notice before the 5 day grace period is over meaning if rent is due on the 1st, the earliest you could send it is on the 7th and it has to be by certified mail. 

Only then can you serve the 14 day pay or quit notice and this needs to be attempted to be served in person by an adult third party (i.e. not you!) at least two different times, before other methods like posting on the door combined with certified mail may be considered. 

Then, if no response, the notice of the petition needs to be served 10-17 days before the court date. Apparently, you can't include late fees in the earlier notices (late notice and pay or quit), but you can include it in the petition.

Just an update. The 2-week pay or quit notice is up, but the tenant has now made partial payment online (about a third) and promised the rest "very soon" but nothing yet. But with a new month starting tomorrow, we may be back to square one again. Does the partial payment mean the whole process (notices etc) have to be restarted or can eviction proceedings go ahead now? Yeah will get an attorneys in put too but wanted to get some general consensus here as well. Plus when is a good time to do cash for keys agreement (now or once the process starts rolling). Thanks in advance!

Thanks Timmi. Actually my strategy at the time was to get an investment property with an existing tenant so I could get rent right away (was happy to get rent credit from the seller for the remaining days of the month I purchased), have good tenants that have been there for a while already and get it at a relatively cheaper price. 

Yes, Scott, I am ready for this costs especially since the unit is actually below market price, this will only add value to it and rent it out competitively. I just wish I had a better start and I am even ready for cash for keys deal at this point before going the lengthy eviction route. I am actually researching on the cash for keys thing like the most effective way to do it and best rates etc.

Thanks for the great words of wisdom. Yes, I may have given them more leeway initially since I thought if they were in there for years, then they must have been good tenants or else would have been evicted long ago.

I have now given them the late notice and served them with the pay or vacate notice. Also, the communication is a challenge since the spouse doesn't want direct communication with the tenant. Yes, I have stopped communicating with the spouse too lately (I am just waiting for next course of action: pay, quit, eviction option). 

The spouse was really angry when served with the notices based on texts sent immediately afterwards making all sorts of claims including the property hasn't been maintained well over the years and they will call inspectors blah blah. 

My family was even getting a little concerned I may have gotten into "dangerous" business since the potentially upset tenant knows our address and it may even get worse as we start potential eviction proceedings soon. Definitely not the kind of start I was looking for to start RE investment after years of sitting on the fence and lurking through forums like this one.

Thanks for your great advice! @Wesley W. Yes, it looks like they are testing my limits. I had no clue 
inherited tenants dont generally work out well because they sounded good on paper since they have been there for a while. @Andrew Freed I gave them an Introductory conversation around closing and we seemed to be on the same page except for the surprise spouse that I found out then, which didnt bother me then (actually until he started wanted to be the one in communication without been on lease).

@Adam Martin It isn't like it was on hold for 2 months. Because they paid very late the first month (past halfway thro the month) with late fees though, they lulled me into thinking the same was perhaps happening last month, so didnt pressure them much until towards end month. Thats when the story became their "new vendor" or something is re-issuring a check and now for most of this month that because that check is lump sum its on hold, with their expected dates changing every few days (sometime with attached "evidence" from the bank). Its also an annual lease that was renewed by previous owner shortly just in time for closing and yes they are below market rate!

 @Nathan Gesner  BTW I cant believe I am getting a response from you as I have closely followed your words of wisdom during my "lurking days". I will make a point of watching it soon!!! Yes, am a complete newbie and my logic was existing tenants may be the best way to get started given their stability over time. Also, I have already started looking for an eviction attorney as well as a property manager! Thanks so much everyone!!!

Thanks so much for validating my line of thinking @Melanie Thomas and @Theresa Harris

Yes, I have already consulted an eviction attorney and sent the pay or quit notices etc. They are just so upset am not even giving them at least another week or two before these notices! That they "guarantee" it will be paid by then.

Hello everyone, 

Firstly, I have been lurking for a while now and have gotten incredibly useful stuff from here and I cant thank you enough for that.

I am a newbie investor who just bought a rental property this summer with an existing tenant and fast forward a few months later, the tenant was late the first month albeit paying late fees and hasn't paid the last two months. They claim that they haven't been late the past few years with the previous owner (and the seller had praised the tenant at the closing) but that they ran into some issues lately that is withholding/delaying their payments (that they have big check payments that is taking long due to "holds" blah blah). The probability that this just happened at the time of ownership change is mind boggling! They have given me various dates earlier this month when it was to clear but no luck yet, just giving a new date next week!

Of course, I was tired of it already and I have already sent the relevant notices that are needed before starting a potential eviction petition. They are upset that I am impatient and that there is no way they would have stayed all those years if they were bad tenants blah blah but just ran into an unfortunate circumstance.

To add to this, a spouse that the previous owner never mentioned and is not on the lease seems very entitled wondering why am in such a hurry while they already told me their "problems". Also, he gets upset when I communicate with the tenant on the lease (his spouse). He sends me this long annoying messages, sometimes with excuses for the lack of payments and other times telling me how great tenants they were with the previous owner. He seems highly opinionated on various topics and I have stopped responding to him. This is not how I envisioned starting this journey, but it 
is what it is and would like to hear suggestions from you seasoned folks on the way forward.