Delinquent Tenants, 30-Day Notice

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  #41  
Old 06-28-14, 06:50 PM
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I agree he should pay you after all you had a written lease but collection agencies can be both a blessing and a curse. No matter how much you check up on the their reputation there may be one bad apple that will do some illegal things to try to collect and get his or her share of your money.

No really the best way is to get the judge to garnish his wages but you can't do that or even try to collect any money until you get that court order in your hands. If you do they could sue you for harassment. If you have the court order though no harassment and believe me too they are less likely to say no we will not pay you if you keep a collection agency away.
 
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  #42  
Old 06-28-14, 08:23 PM
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I'm confused by your last sentence about them being less likely to pay. Less likely with court order and no collection agency or less likely with court order and collection agency?
 
  #43  
Old 06-29-14, 03:10 AM
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I don't know how collection agencies work. IMO your best bet is to get over it, get them out and look for a new, better tenant. Life is too short to spend that much time over deadbeats like them!
 
  #44  
Old 06-29-14, 03:35 PM
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IMO your best bet is to get over it, get them out and look for a new, better tenant.
LOL .. I said that in post #5... ha ha...
 
  #45  
Old 06-29-14, 07:08 PM
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Sorry, that's just not me. I'm a good person but I know when someone is taking advantage of my kindness and leniency. This person needs to be taught a lesson. At the very least, I will get a court order and at least attempt to recoup some of the amount owed to me.
 
  #46  
Old 06-30-14, 07:29 AM
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Watch the 1990 movie "Pacific Heights" and keep in mind that even with a judgement in your favor the tenant will likely have the last laugh. It's just the way it is with current laws stacked against the owners, an entire legal system that can't be bothered with small collections, and a society where nobody is held responsible for their actions.
 
  #47  
Old 06-30-14, 09:36 AM
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I haven't had good luck with collection agencies but once in a while they get something for me.

Our best results come from taking them to small claims court and then garnishing wages after we get the judgment.
 
  #48  
Old 06-30-14, 11:23 AM
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To make it a little bit clearer in what I said I believe people are less likely to pay a debt and get very angry if a collection agency is called. If they get angry then they are less likely to pay and a collection agency can cause people to get angry very quick.

A much better way to handle it is to garnish their wages via court order. They might even pay you right at the court in front of the judge at least some of what they owe you. If they don't want to pay you though at all then no amount of persuasion from you or a collection agency will work. Much better in many ways to just wright it off.
 
  #49  
Old 07-26-14, 03:54 PM
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OK, I'll admit I'm coming to this thread too late, but maybe my advice will help you, or someone else, in the future.

1. When you sign your lease, (make sure it's a legal lease in your state!) point out to the tenants that the REST IS DUE ON THE 1ST OF THE MONTH. Due on the FIRST means that the RENT IS PAST DUE ON THE 2ND of the month.

2. If the prospective tenant mentions anything about your lease, or any part of PROPERTY LAW, or CONTRACT LAW in your state. You DO NOT WANT THEM AS A TENANT. If they've learned this stuff already it's because they've been down this road before. At another landlord's expense. Don't let them gain more experience at your expense!

3. KNOW THE EVICTION PROCEDURE in your jurisdiction. I had 16 rentals when we lived in Texas and even though the property code is state law, some Justices of the Peace handled things in their own, quirky, way. In my experience that meant that on the:
THIRD DAY (3rd of the month) I was "mailing and nailing" what is often called a "notice to cure", AKA a notice to "pay or quit" (the premises). I think the terms of that were that they had 5 days to cure which meant that on the
EIGHTH DAY I was filing papers with the JP.

Once the JP and the Sherriff (or Constable in Texas) did their thing (you could pay for "hand service"-quicker service of the notices-you waited for a court date. In Texas this could be done QUICKLY, as in June eviction for non-payment of May rent!

Do not listen to ANY EXCUSES from a tenant. NONE AT ALL.

If they say the kids are in the hospital, find out which one and go visit. BECAUSE THE TENANT IS LYING.

If they say their paycheck was "short" but they'll "catch you up next month". They are lying. If they can't pay one month's rent this month, they sure can't pay two month's rent next month.

I've been doing this since 1978 and I never let anyone get far behind to me! You cannot do it. This is a BUSINESS. It's not a HOBBY. If want a hobby fly model airplanes or collect baseball cards. Don't try to landlord as a hobby.

I've heard plenty of amateur landlords say "oh, it takes 6 months to evict in my jurisdiction". To which I say "horse feathers". I'll bet there is no jurisdiction in the US where the procedure takes that long. What does take that long is for the GULLIBLE LANDLORD (that might be YOUR) to wake up to the fact that the tenant has been lying to them and start doing the process the way the LAW calls for it to be done!

If you continue to believe these deadbeats they will have your pants off before you realize your belt has been unbuckled!
 
  #50  
Old 07-28-14, 09:16 AM
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I've learned my lesson and it's no more mister nice guy from this point forward. The tenants have vacated and I'm now getting the property ready to rent again.
 
  #51  
Old 07-28-14, 01:21 PM
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At the root of it you have to decide if you are providing housing as a social service or is it to make money? If it is to make money then it is a business. Your relationship with the tenants is a business one. You have a contract. If they do not honor the contract and pay their rent you have no reason to keep them around, very simple. In the end I think you will be happier viewing it strictly as a business and keeping personal feelings out of it.
 
  #52  
Old 07-28-14, 01:37 PM
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Dane's right - you have to think of it as a business or the deadbeats will take an emotional toll on you.

This is a two way business transaction - you provide a place to live and the tenants provide money in return. Money goes away, so does the place to live. Seems like we're in small claims court every couple months for someone owing us rent or damages. If we could only figure out who the good and bad tenants are without having to rent to them first....
 
  #53  
Old 09-04-14, 07:13 PM
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There's a limit of $5,000 for small claims court. Any higher and I need to file a suit in civil court. If I don't factor in lost rent from the two months the home was vacant, they owe me $5,442, but if I do factor in the lost rent, it is $8,292. What is the difference administratively between small claims and civil court?
 
  #54  
Old 09-05-14, 03:27 AM
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I don't know but while I've known of folks pursuing small claims court without a lawyer, I've never heard of bigger suits being done without an attorney. If you hire a lawyer or otherwise spend much cash on this - what is the likelihood of you collecting?
 
  #55  
Old 09-05-14, 05:36 AM
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My county website says a lawyer is not necessary. If it isn't worth the hassle of taking it to civil court (still to be determined), then I'll just sue for $5,000, that is unless lost rent from July and August is a valid claim, which would add another $2,900 to the amount owed.
 
  #56  
Old 09-08-14, 05:01 AM
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You have to set up the court day see if you can set it up in any court in the district. In my state Im in a county and instead of setting the hearing up in my town I can set it up in any courthouse in the county. I deliberately set it up in one on the OTHER side because I knew they didn't drive and would not show up. They were a no show and I won.

Also IF you are worried about getting them out in general in my state you can say you are letting a family member move in there or YOU ARE.
If you are renting to family or taking the apt yourself it supersedes the tenant's needs and they have to leave. Make sure you leave it vacant a couple months and have either yours or a family members mail go there a bit before deciding to rent it again.
These are things I have done or helped freinds with rentals themselves do.

As for the money you will need proof they didn't pay. Or they need to prove they did. Sometimes the judge with favor somewhere in between if they don't have written receipts and make them pay like 20$ a month for 20 years.
 
  #57  
Old 10-31-14, 12:33 PM
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UPDATE: I went to court two weeks ago and the husband showed up (to my surprise). He admitted to the judge that he owed me "about $5,000" and the judge ordered in my favor. We agreed that he would pay me $200/month via direct deposit until I am paid off (~26 months). I received the first deposit last week, but it was only for $100, so it looks like it will take twice as long for him to pay me back . Whatever. I'm just glad to be getting something.
 
  #58  
Old 10-31-14, 12:38 PM
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Nice. We usually get default judgments because no one shows up and then hope we can find them to garnish their wages.
 
  #59  
Old 10-31-14, 12:54 PM
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I didn't expect him to show up, but he did. He also gave me his new home address so that's promising.
 
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