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Old 07-14-2010, 08:33 PM
 
39 posts, read 30,686 times
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Default Tenant did not pay last two months

I rent my house out and last two months the tenant did not pay any rent, what are my options, can i get them out of the house and then any way I can collect what they owe to me?
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Old 07-14-2010, 09:58 PM
 
Location: Southeastern Cumberland County
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Go to your county's Magistrate's Office and they'll advise you to all the steps you have to take for eviction. As for collecting the back rent...small claims would probably be your only recourse...if the threat of eviction doesn't make them cough it up.

Have you asked them about it? What's their excuse? Depending on their reason for not paying, I'd say you'd most likely have to kiss that $$ goodbye--but that's what their deposit is for!
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Old 07-14-2010, 09:59 PM
 
Location: Sol System
1,392 posts, read 1,508,235 times
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Go to the magistrate and file eviction papers. The court will give them 10 days to pay , after which a deputy will arrive at the house and tell them to leave. However , there will be a 30 day gap between the initial filing and actual eviction. Also , if they happen to pay everything in the interim , the order will be retracted. Regarding recovering owed funds , aside from them paying , your only option would be to sell their belongings after they are evicted. You likely won't get all of the money back , but you'll get something. Good luck!!
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Old 07-15-2010, 07:08 AM
 
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Start by giving them a 10 day notice to pay rent or Quit.You can do this yourself,download the information online then post it to the door and make a phone call to them notifying them as well.Then proceed with the legal proceedings asap.
Why did you let it go on so long???
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Old 07-16-2010, 11:05 AM
 
Location: Lansing, MI
2,615 posts, read 3,092,076 times
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Any remaining money due plus damage can go to small claims court where you can place a judgment on them if they do not pay up. If it goes that far, you can then file for garnishment if you know where they work, but at that point you'll need to weigh the cost of getting it done vs the money you could recover to see if it is worth your time.
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Old 07-16-2010, 05:46 PM
 
889 posts, read 2,030,285 times
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Quote:
Originally Posted by chance2jump View Post
Any remaining money due plus damage can go to small claims court where you can place a judgment on them if they do not pay up. If it goes that far, you can then file for garnishment if you know where they work, but at that point you'll need to weigh the cost of getting it done vs the money you could recover to see if it is worth your time.
How about a bankrupcy?? Mine is claiming they will file( they just did 5 years ago) BK.Basically we have a no pay renter for July,gave their 35 day notice and are leaving after the first week of Aug. with NO rent paid.They said to take it out of the deposit which by the way the house is trashed
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Old 07-16-2010, 07:40 PM
 
Location: Lansing, MI
2,615 posts, read 3,092,076 times
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Quote:
Originally Posted by Mvn2nc View Post
How about a bankrupcy?? Mine is claiming they will file( they just did 5 years ago) BK.Basically we have a no pay renter for July,gave their 35 day notice and are leaving after the first week of Aug. with NO rent paid.They said to take it out of the deposit which by the way the house is trashed
Unfortunately, if they file ch 7 BK and claim the debt to you on it, you're pretty much SOL. However, the BK rules have changed, and depending on their situation, the judge may order them to repay some or all of their debts - so it would be worth filing a claim on their BK if you have your paperwork in order.
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Old 07-17-2010, 07:52 AM
 
889 posts, read 2,030,285 times
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Originally Posted by chance2jump View Post
Unfortunately, if they file ch 7 BK and claim the debt to you on it, you're pretty much SOL. However, the BK rules have changed, and depending on their situation, the judge may order them to repay some or all of their debts - so it would be worth filing a claim on their BK if you have your paperwork in order.


Thanks!! Serial BK filers.Note to oneself,dont trust a person who has had a BK.I was sympathetic to it but no more.
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Old 07-17-2010, 09:41 AM
 
122 posts, read 240,826 times
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Originally Posted by Mvn2nc View Post
Thanks!! Serial BK filers.Note to oneself,dont trust a person who has had a BK.I was sympathetic to it but no more.

This is ignorant. Its like me saying I will never rent or treat any future landlord good because I had one bad landlord.
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Old 07-21-2010, 10:34 PM
 
Location: The Middle
5,154 posts, read 7,069,692 times
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Quote:
Originally Posted by Mvn2nc View Post
Start by giving them a 10 day notice to pay rent or Quit.You can do this yourself,download the information online then post it to the door and make a phone call to them notifying them as well.Then proceed with the legal proceedings asap.
Why did you let it go on so long???
I totally agree with the above comment. Start the process asap. My mother had a rental and did the same thing. She let it go. She liked the guy that was renting her place and every time he gave her an excuse she worked with him. By the time she told me what was going on, it had been almost 4 months without payment. The guy totally took advantage of my mother's kindness. Turns out the guy let someone else move in with him and left the guy behind. So then we had a squatter situation. That took some time and finally we were able to get into the property. It was severely damaged. The squatter was found dead 2 weeks later in a sleazy motel so there was means of getting any back rent or money for damages. The actual renter is still MIA so it was a complete loss. I would say as soon as the renter is 10 days late, start the eviction process. My mother is no longer a landlord. She wasn't cut out for it.
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