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Old 04-12-2011, 06:19 PM
 
19 posts, read 25,748 times
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Default What to do if tenant doesn't pay rent

Hello,

A tenant occupies my mountain cabin in Boone area. Originally signed 6 month lease. Couple of days ago after not receiving April's rent I get to find out that the tenant wants to move out and doesn't plan to pay April or May's rent (lease ends @ the end of May). I really would like to get rent money, of course. What should I do?? Any suggestions are welcome... it is my first tenant ever. Thanks!!!
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Old 04-12-2011, 06:24 PM
 
Location: Raleigh NC
1,617 posts, read 1,244,608 times
Reputation: 1041
personally, I'd be mighty tempted to take their 1 month security deposit in lieu of April rent, and not worry about May. The hassle you'll go through should they be determined to leave without paying won't be worth it. You can certainly try to negotiate something with him, and you of course have rights from your lease. But the down and dirty quick and simple solution is viable.
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Old 04-13-2011, 05:25 AM
 
Location: Kailua Kona, HI
2,676 posts, read 5,951,635 times
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Simple. Have a Pay or Quit Notice served on them and follow through with the eviction if they don't pay.
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Old 04-13-2011, 05:47 AM
 
21,477 posts, read 35,351,953 times
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Some courts are very slow to act on eviction cases and have high fees to boot, but if you want to make a business out of renting you need to learn the process. No pay / late tenants are a financial drain on landlords.

Sob stories, even when honest, still won't cover your costs. Courts rarely let tenants off the hook.
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Old 04-13-2011, 09:31 AM
 
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I live in CA and my house is in WI. Do i file for evictions in CA or WI? I'm worry that if it is in WI and there are court dates and I have to fly there to explain myself. I can't afford to fly for every court dates. Can I countersuit my tenants for my flight costs. My tenants will know they can't win this and just not show up so it'll be a wasted trip?
there was no problems for 8 years with them until i send them a notice in writing giving them 6 months advance they need to start finding another place because my house will eventually foreclose, they still need to pay rent, if they chose to not pay then move out. Tenants call me and say they are not going to pay until the sheriff kicks them out. I don't want to put an eviction on their records.
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Old 04-13-2011, 09:39 AM
 
Location: Kailua Kona, HI
2,676 posts, read 5,951,635 times
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You don't have anyone there managing the place for you? Checking on it, collecting rent, doing repairs, that sort of thing? Yes, someone will have to show up in court. You file an eviction where the rental is located, not where you're located.
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Old 04-13-2011, 01:03 PM
 
Location: Wisconsin
4,978 posts, read 3,053,232 times
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My guess is that it's going to be more hassle than it's worth. My understanding is that evictions usually take more than 30 days. I'd just keep the security deposit and have someone check on the place once the tenant moves out.
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Old 04-13-2011, 01:47 PM
 
Location: Washington DC
487 posts, read 696,554 times
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You need to sue them in WI. That is where the house is.
So you will need to fly out or pay to hire an attorney for court.
But I don't feel sorry for you.
Because.
You are not making your Mortgage payments. (Foreclosure)
Tenant figures why pay the rent and line your pocket.
Not a bad idea actually since you cared so little about causing them the hassle and expense of moving by pocketing the rent they pay you and not making your mortgage payment.
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Old 04-13-2011, 03:09 PM
 
Location: Boise, ID
5,361 posts, read 10,235,040 times
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Yeah, technically they should keep paying rent if you are going to foreclosure. Sounds like you tried to be responsible, letting them know 6 months in advance that you were losing the house, instead of what most owners do, which is not to say a word at all, and let the tenants find out when the notice is posted on the door. So kudos to you for trying to not make it worse for them than it needed to be.

However, look at it from their side. They have to figure that you don't have their deposit available to refund, because if you are losing the house, you probably are in financial trouble and have spent their money. If I was going to move out peacefully, I wouldn't want to pay the last 2 month's rent either, since I would know I wasn't getting a penny back.
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Old 04-13-2011, 03:52 PM
 
15,458 posts, read 20,242,535 times
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You could tell him they will receive their security deposit back if they move out a.s.a.p. and you won't file for evictions or any lawsuit...
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