Very late but on the way out - Landlord Forum thread 356872

Very late but on the way out by Bill (PA) on April 17, 2018 @09:20

We've had tenants for 4 years and they have been late at least 10 times and late since December of 2017. Many times we work with them and charge no late fee but recently they have tried my patience by being over 45 days late and not communicating. They wanted to give 15 days notice back in mid March but I reminded them the contract states 60 days so they decided to stay till then (May 31st). We've got a new tenant coming June 1. The issue I'm having now is they still owe March and April rents. I have every right to kick them out but what is the point since I don't have income coming until June, no they can't come any earlier. My mindset was since they are keeping the place in good order I keep them there and give them the benefit of the doubt, i do believe they will pay but humans do have ways of surprising you. Worse case scenario is they don't pay then I'll have to take them to small claims for what they owe. They plan to move to NY in the summer so I do want to square any balance away quickly, any suggestions as to how quickly balances should be paid before you get legal?

[ Reply ] [ Return to forum ]

Re: Very late but on the way out by Garry (Iowa) on April 17, 2018 @10:20	[ Reply ]

I "work" with my tenants, too. But only for about 2 weeks, til their next paycheck comes in. If I don't get money then, I start eviction procedures. You have REALLY messed up. In the 45 days, they should have had 3 paychecks that they could have given you. They haven't. And you haven't started any eviction procedures. They don't communicate with you, and they don't pay rent. So where is their incentive to pay you ANYTHING, ever again? Right now, they are saving up YOUR RENT, to pay for their move to NY. And that's if they even MOVE. Plans change. You mentioned a worst case scenario. Well, here's a WORSE one. If you do nothing to start to evict them NOW, what happens when they don't pay you Mays rent, they don't move out on May 31,(because THEIR plans fell thru), and you apparently have new tenants moving in on June 1 ? You are now out 3 months rent, the current Ts are still there, not paying you June's rent, and you have a lease with a new T , that YOU defaulted on, because you can't give them possession on June 1, because the current Ts are still there. You then have to try to evict the current Ts,(which will probably take at least 30 days, putting you into July) while also fighting a lawsuit against you, brought by your "new" tenant, because they had a lease with you, that you defaulted on. You DEFINITELY need to start paperwork TODAY on evicting your current Ts.

Re: Very late but on the way out

Re: Very late but on the way out by lamac66 (ga) on April 18, 2018 @07:11	[ Reply ]

They have played you to the fullest. They are going to live rent free until THEY decide to leave. File for eviction immediately. You will at least have a date to get them out. No money but at least they will be out. Good luck.

Re: Very late but on the way out by Anonymous on April 18, 2018 @07:31	[ Reply ]

Lesson one in being a LL. Do not trust what a T say's as being true. Start the eviction process today. At the very least it will follow them in a record search for a few years. You probably will never see any of the rent they owe. But A LL should never get more than 1 month behind getting rent paid.

Re: Very late but on the way out by Nicole (PA) on April 18, 2018 @07:31	[ Reply ]

how in the world can you have a place re-rented with no turn over time after a 4 year tenant? Do you truly think nothing will need cleaned, tightened up, repainted, changed out? do you think there will be no trash to be removed ... that they will take everything with them? read your lease. hopefully you have a waiver of notice clause. if so, file at the magistrate tomorrow and you will have them out mid May ... that will give you twoish weeks to get the place ready for the new tenant. they are not going to square away with you for the back money ... if they intended to, there would be no back money. If you wait for small claims, you need to serve them personally. File in landlord tenant now and no personal service is required. Garnishment is possible (although not always practical) if it's a landlord tenant judgment ... not so for small claims judgment.

waiver of notice clause???