Should these tenants be evicted?

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Yossarian

Lifer
Dec 26, 2000
18,010
1
81
Originally posted by: lightpants
I have been in the same situation and the problem is, once you start the eviction process, you will not see a dime from them. I try to work with people like this by offering to take a weekly or bi-weekly payment (whenevere they get their paychecks) Encourage them to find another place and get as much out of them as you can, but most inportantly get them out! I have even gone so far as to say " if you are out by the 15th, I'll forget about the back rent. Getting them out and getting the place rented is your top priority. If they think they are better off leaving, they have less chance of destroying your property on the way out. Do you have a security deposit? If they ask for it back, tell them you will have to see the condition of the appartment before you release it. After they are out, keep it, and if they complain, tell them you will give it back when the back rent is paid.

in California it's illegal to keep a security deposit in lieu of rent.
 
Dec 4, 2002
18,211
1
0
Originally posted by: Yossarian
Originally posted by: lightpants
I have been in the same situation and the problem is, once you start the eviction process, you will not see a dime from them. I try to work with people like this by offering to take a weekly or bi-weekly payment (whenevere they get their paychecks) Encourage them to find another place and get as much out of them as you can, but most inportantly get them out! I have even gone so far as to say " if you are out by the 15th, I'll forget about the back rent. Getting them out and getting the place rented is your top priority. If they think they are better off leaving, they have less chance of destroying your property on the way out. Do you have a security deposit? If they ask for it back, tell them you will have to see the condition of the appartment before you release it. After they are out, keep it, and if they complain, tell them you will give it back when the back rent is paid.

in California it's illegal to keep a security deposit in lieu of rent.

He didn't say to keep it in lieu of rent, but to keep it in case the damage the property on their way out which is what a security deposit is exactly for.

 

gigapet

Lifer
Aug 9, 2001
10,005
0
76
in my state it is REAAAAAAAALLLLLLLLLLLLLY HARD to evict someone. If they have kids it can take up to TWO YEARS or up to a year if they do not have kids.

 
Dec 4, 2002
18,211
1
0
Originally posted by: gigapet
in my state it is REAAAAAAAALLLLLLLLLLLLLY HARD to evict someone. If they have kids it can take up to TWO YEARS or up to a year if they do not have kids.

Connecticut....hmm....surprised me. :roll:

:beer:
 

Baked

Lifer
Dec 28, 2004
36,052
17
81
Originally posted by: KoolAidKid
Originally posted by: Baked
w/o even reading the long ass OP, hell yeah.

The post is 187 words long. If 187 words = "long ass", then you = ADHD.

Your post is too long. Be more concise next time. People around here are easily bored.
 

shimsham

Lifer
May 9, 2002
10,765
0
0
it would depend on a lot of factors for me. how long has he been renting with you? is he a normally good tenant? has he ever caused trouble before? did these things really happen, or is he lying?
 

imported_weadjust

Golden Member
Apr 23, 2004
1,561
1
0
I charge a $10 a day late fee on my rentals.

Evicted a guy in Feb. and he complained to the judge that late fee was excessive. Judge told him to STFU because I could charge triple rent if he is one day late. I got the $1800 judgement and tennant had to be out in 20 days.

I had to garnish his wife's pay. The employer holds the money until all $1800 is collected. So, I will probably get my money in about 18 months to two years if she doesn't quit.

I would try to avoid eviction if possible.
 

EMPshockwave82

Diamond Member
Jul 7, 2003
3,012
2
0
Originally posted by: Taejin
Slap the late fee on him.

If they're late again the next month, kick em out.

late fee are your discretion.. if you wish to allow one more then just make sure you tell them they have already passed a late fee twice and there will be no way to get out of it next time for ANY reason

i say give them til when he said he could pay... if he doesnt pay then start the process... if he's late again assign the fee and start the process
 

Anonemous

Diamond Member
May 19, 2003
7,361
1
71
I would say eviction. Hire a lawyer let him handle it. No fuss no muss. Depending on your state, evictions can happen as fast as a month to 2 years... If they trash the place, use the deposit to fix and send collections after them.

getting evicted surely ruins their credit rating...
 

b0mbrman

Lifer
Jun 1, 2001
29,470
1
81
Tell him he has to pay late fees because now, you're going to have to pay late fees on your own mortgage payment and that it's not fair for you to cover him.

Eviction is actually pretty easy. At least, it is here in Texas...
 

OrByte

Diamond Member
Jul 21, 2000
9,303
144
106
you will NEVER get paid once you start the eviction process

the guy will most definitely try and screw you over.

just worry about getting paid.
 

eLiu

Diamond Member
Jun 4, 2001
6,407
1
0
evict'em if they refuse your late fees...you don't owe them any compassion, they owe YOU
 

shuan24

Platinum Member
Jul 17, 2003
2,558
0
0
Originally posted by: RaynorWolfcastle
Slap his wife, that'll let him know you're serious. Tell him that one more month of this and out they go.

fixed



 

BriGy86

Diamond Member
Sep 10, 2004
4,537
1
91
he seems to not appreciate the fact that you let him slide the other time

if he would have said "oh thank you so much" this most recent time i may have let him slide again

but since he said "i ain't payin no late fee" charge him the late fee THEN kick him out

teach that bastard appreciation
 

Shame

Platinum Member
Dec 28, 2001
2,730
0
71
I'm in the minority, I know.

As long as he isn't paying over a month late, I'd let 'em stay. About two (2) months before it's time to renew the lease, send them a letter jacking the rent up to $1,000.00 a month. They'll move. The goal is to get paid. Late is better/cheaper than eviction.

 
Dec 4, 2002
18,211
1
0
Originally posted by: Shame
I'm in the minority, I know.

As long as he isn't paying over a month late, I'd let 'em stay. About two (2) months before it's time to renew the lease, send them a letter jacking the rent up to $1,000.00 a month. They'll move. The goal is to get paid. Late is better/cheaper than eviction.

not a bad idea
 

Iron Woode

Elite Member
Super Moderator
Oct 10, 1999
31,198
12,728
136
Originally posted by: Amplifier
Hey ATOT, the tenants in one of my properties didn't pay their rent... uh oh. I'll give you their sob story/excuses and let you decide!

Their story: The wife had her car stolen, rather than pay rent the husband claims he leased another car for her. Things are 'tough' and he promises to pay the Friday of next week.

Rent was due for $849 on the first of this month. Evictions aren't fun and I'm a pretty forgiving guy in real life. When I reminded the husband of the terms of his lease he got coy ("I ain't payin' no late fees!"). Normally I would work with a tenant who had a valid real life concern but his attitude really bothers me.

He was late the month prior when a member in his family died and I let him slide without hitting him with the late fee's. I get the feeling he thinks I'm a softie college student because I let him off the hook once.

So, should I trust my gut and evict these tenants?
Or, should I show compassion and work with them?

You decide!
Its illegal, where I am from, for landlords to charge late fees for for late rent payment.
 

BriGy86

Diamond Member
Sep 10, 2004
4,537
1
91
1. burn the place down
2. tenant moves out
3. collect insurence
4.dodge investigators
5. ???????????
6. profit
 

ThePresence

Elite Member
Nov 19, 2001
27,727
16
81
I usually will let a tenant give me a bs story and work out a payment plan ONCE. The second time they're out.
 

y2kc

Platinum Member
Sep 2, 2000
2,547
0
76
he lost me at "I aint payin no late fees"

he signed the lease agreeing to:

1. pay the rent on time.
2. pay the late fees if he can't pay on time.

i'm no lawyer but it sounds like he broke the lease. i say play it cool, get your rent, if it's sans the late fee, begin the eviction process..

but...

what kind of tenant has he been? do they have a history of paying late? how long has he been at the property?

if he has been an exceptionally good tenant and he pays the rent sans fees, i'd have a talk with him re-explaining the terms of the lease. his attitude at that time would make the decision for me.
 

Shame

Platinum Member
Dec 28, 2001
2,730
0
71
Originally posted by: BriGy86
1. burn the place down
2. tenant moves out
3. collect insurence
4.dodge investigators
5. ???????????
6. prison

Fixed.

 

tk149

Diamond Member
Apr 3, 2002
7,253
1
0
Ask for a copy of the police report on the stolen car. If it's true, then he should have no problem handing one over. If it was really stolen, I would waive the late fees.

I'm not sure how car-leasing works, but did he really spend the whole $849 (plus whatever "leisure" money they have) on one month's car payment? Try to get some of the money NOW.

and ATOT, you disappoint me. :camera:'s of wife!!!
 
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