Tenant behind - Landlord Forum thread

Tenant behind by Angie Schmitdt (Mass) on April 22, 2012 @09:39

I am very good to my tenant and they have had there problems there behind and are trying , now my place needs roof repair and I need them to get caught up, how is the best way to go about this in a civil way ,the couple did split up over money and I do not want to be in the middle of a court case, now roof has been repaired some what for now but it needs to be fixed permanent. How do you ask in a proper way so you are not liable for harassment or a divorce.

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Re: Tenant behind by Jake on April 22, 2012 @10:29	[ Reply ]

Is this a 12 month lease or a month to month?

Re: Tenant behind

Re: Tenant behind by Katiekate (New York) on April 22, 2012 @10:57	[ Reply ]

I never get myself into my tenants' business. Everything is kept on a strictly business basis. So..to answer your question: The proper way to seek your money is the one the law allows: I post a quit or pay notice. When asked by the tenant about it, I tell them that it is the first step to an eviction....posting that notice sets up my right to proceed to court to collect my rent money. This is done without malice and without involvement in their family affairs (income to divorce). The easy way to avoid this situation is to not allow the tenant to fall behind to begin with.

Re: Tenant behind by Jack Klein (NY) on April 22, 2012 @11:10	[ Reply ]

How do you ask in a proper way? For the rent: Send an Urgent late notice - eviction warning or Notice to Pay Rent or Quit. For the roof repair: Just have your roofer go do it and he can call them if he has to. You are the landlord, not their friend or marriage counselor.

Re: Tenant behind by Nicole (PA) on April 22, 2012 @11:12	[ Reply ]

it sounds like your tenants are significantly behind if you need their money to replace a roof. If so, they aren't going to catch up. Put them on a "payment plan" of the rent + $whatever towards the back rent - have the additional money due two weeks after the rent is due. You will see that they will still have difficulty and won't pay that extra. In the meantime, talk to them and tell them that you must file for eviction (and do so) and indicate that you don't want to evict them but they need to make a significant payment. Unfortunately, they probably aren't going to be able to. If they split up, they are now attempting to pay rent on two places, rather than just yours. It's not going to work. Also, why in the sworld do you think your "asking in a proper way" will prevent a divorce? their divorce or lack thereof has nothing to do with you or your actions.

Re: Tenant behind

Re: Tenant behind by Jake on April 22, 2012 @11:25	[ Reply ]

I can appreciate your effort to collect the past rent without a confrontation. But it will not be possible. The tenants will not be able to pay the back rent and will only get farther behind. The only question now is how to cut your losses. Your tenants have already split up which means the money to pay rent has likewise been divided. Post a Pay or Quit notice on your tenant's door along with another notice by certified mail. Immediately follow this with a notice of eviction. In your converstaions with the tenant you may say the bank is hounding you for the mortgage payment and the roof needs repair. After your tenants are gone, take them to small claims court and ask for the back rent, cleaning and repairs for whatever damage they leave behind. Remember, you are not running a homeless shelter. These tenants chose to spend their money on things other than rent. Now they have to live with the consequence. Unfortunately, you are also living with that consequence.

Re: Tenant behind