Tenants gave excuses on paying rent - Landlord Forum thread 348450

Tenants gave excuses on paying rent by Anonymous (SC) on September 18, 2016 @10:02

Im frustrated with a tenant. When its time for rent, he would tell me he would pay on 15th, since he communicated with me so I waited until 15th comes around, he then said he's working on getting the settlement and will pay last month and this month on Sept 16th. Sept 16 came and he said he didn't get the full settlement yet, not all the portions, he want to pay the full on Sept 30th. Heres the clever on his part, the least is ending on Sept 30, and he said he want to discuss the lease when he pays the rent. It sounds like he wants to go over the lease BEFORE he pays the rent or he can moves out. I told him I expect the rent on Monday and we will discuss the lease AFTER he pays the rent. This is frustrating and I don't know what else to do. I now wish I could've evict him as soon as he gets late on the rent. I am stuck here. Any advise?? No negative comments please

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Re: Tenants gave excuses on paying rent by Anonymous on September 18, 2016 @10:42	[ Reply ]

"No negative comments please." Unfortunately, the only kinds of comments you're going to get are negative ones for allowing the tenant to be in control of when the rent gets paid. When the rent is late, you post a Pay or Quit notice in accordance with your state laws, and then file for eviction proceedings if they don't Pay or Quit. If the lease is indeed ending on September 30th, at this point it might be best for you to just wait it out and then sue him for unpaid rent. If the tenant suggests it, do not allow him to use the security for last month's rent. I would bet money that he's going to suggest this to you before he's out. Does your state allow unpaid rent to be deducted from the security deposit after tenancy ends? You may still want to consider posting the Pay or Quit. The tenant is still obligated to pay the rent under the terms of the lease.

Re: Tenants gave excuses on paying rent by Garry on September 18, 2016 @12:28	[ Reply ]

By your post, I take it the T has not paid you for Aug. rent, either. I was just wondering how many more months of rent are you willing to lose before you decide to LEGALLY get him out. He is playing you for a "patsy." Unless you still want him in there, paying you no rent til Xmas, you need to follow the SC LL/T laws on nonpayment of rent, and the eviction laws, and get rid of him ASAP. The ending of a lease has absolutely nothing to do with the nonpayment of rent. Start the eviction process NOW, for nonpayment of rent. DO NOT RENEW his lease under any circumstances. Remember, rent is an on-going thing, and " waiting on a settlement of some sort" should never be used as an excuse to delay a rent payment. Besides, you can always accept the rent in smaller amounts, rather than wait for the full amount at a future date. He simply is "stringing you along", til you force him out thru legal means.

Re: Print out the LPA 3-day or quit and nail and mail

Re: Tenants gave excuses on paying rent by AnonymousFL on September 18, 2016 @13:25	[ Reply ]

As G said, send him a notice to pay or quit now (or at the end of the day on Monday since you set that deadline). Don't even talk to him about renewals. If he tries to take the conversation that way, steer him around to paying the back rent. And if he calls on Monday and asks for more time, say you have already been generous and patient enough and it needs to be in your hands today. Based on what you have said, I would do what I could to get this tenant out. Either he is playing games (which I think is likely) or he cannot pay the rent. Either way, it leaves you in a bad position of not having the rent money.

Re: Tenants gave excuses on paying rent by Katiekate (New York) on September 18, 2016 @16:23	[ Reply ]

Exactly as Gary said. I would also post a letter along with the 3 day "pay or quit". This is the ramifications letter. It explains that on day 4 YOU WILL file in court against this tenant if the rent isn't paid in full. This means that on that day a court record will be created that a landlord filed for an eviction against the tenant. This is a legal court record and will become a permanent part of the tenants record. FOREVER. No process exists to ever erase this once created. In other words..,fail to pay the rent on by day 3, and you will already have this bad mark against you. Future landlords will see this and avoid renting to you. It may impress the tenant...it probably won't. But, you get the satisfaction of knowing he will pay for this in the future.

Re: Tenants gave excuses on paying rent by Kathy on September 22, 2016 @21:30	[ Reply ]

KatieKate: Except in Los Angeles, CA, where the UD judge automatically seals the file for 60 days so the non-paying tenants can escape being held accountable!