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Old 12-22-2011, 05:13 AM
 
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Lightbulb Non paying tenants can be so funny

We inherited a property with tenants and the owner had a family member move in a tenant with first, last, security dep.

The family member never gave last month and security dep. to the owner but that is aside the point.

The tenants were allowed to pay the rent in the middle of the month and never was the lease extended so it was month to month. A few times the tenant got a 3 day notice and came in crying (man in his sixties) and than he paid and we were so nice not to charge the late fee since we knew he was not very healthy and sometimes you have to be lienent since the man spend so much time in hospitals...

This time we didn't get the late fee for last month which we charged but we got the rent, we called numerous times to see if he was at home, had posted the 3 day notice and emailed and even tried to contact him on twitter when we found his account...no reply. So we called the sheriffs office to perform a welfare check to see if everything was ok and within 10 min. The sheriff called us that they were all fine, but still no call from him until we left another voice mail about going to evict him for non-payment.

He called stated his wife lost her job and he couldn't pay from his dissability check and they will move in with family.
The owne told me to file the eviction to make sure they wouldn't stay rent free. So I did, and the same day they got served, that was the fastest eviction filing we ever had.

Than he calls stating he will leave soon, 2 hours later he left a voice mail;

"I paid last month rent and I told you this morning I would move out so this month rent should be my last month rent payment and you can't evict me and I should get my security deposit back"....

We had to serve him 2 x with 7 day notices for all the garbage and other items in his yard so we can only imagine what the house will look like...and an above ground pool that seemed to have been placed without approval as we now found out...

Tenants who have no clue about the Law can be so funny....
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Old 12-22-2011, 05:38 AM
 
Location: Scottsdale, Arizona
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I am not so sure I would consider it funny? I also dont find funny in homeowners getting to live months or years without paying their mortgage then walking away, imho they should be evicted in the same time frame.

Your tenant obviously isnt very good at communication or understanding his obligations, true. But why would that be funny? Do what you need to on a legal level, but apparently this is an elderly couple who arent in good shape physically so at least have a little human compassion while proceeding with the eviction. Dont find humor in others misfortunes, one day it could be you or your family.
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Old 12-22-2011, 08:59 AM
 
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I think funny is the nice way to put it. I love how people consider their last month rent only at the last second, without considering that the lease may require 30 days notice to use it that way, with an actual 60 days passing from notice to move out. Saying that the LL can use the last months rent as payment, after the month is already over due, and the tenant is there till the end of the month, leaves the LL zero time to secure a new tenant, nevermind that the place I'm certain IS NOT move in ready for the next tenant, and most likely the OP is looking a having to fix damage and clean, probably losing another month there.

Yeah, its not funny.
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Old 12-22-2011, 09:03 AM
 
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It also sounds like the LL has had alot of compassion, letting them pay late, not getting the late fee, I've been there too, and compassion usually means I'm getting screwed. The "funny" thing is that this tenant, doesn't think they should get evicted, yet the LL DOES have to start the process as there is no guarantee that the tenant really WILL leave voluntarily at the end of the month. And then saying they should get their SD back, when a LL has 30 days AFTER move out to get all that figured out, is just plain "funny".
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Old 12-22-2011, 09:53 AM
 
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Quote:
Originally Posted by ivanabacowboy View Post
I am not so sure I would consider it funny? I also dont find funny in homeowners getting to live months or years without paying their mortgage then walking away, imho they should be evicted in the same time frame.

Your tenant obviously isnt very good at communication or understanding his obligations, true. But why would that be funny? Do what you need to on a legal level, but apparently this is an elderly couple who arent in good shape physically so at least have a little human compassion while proceeding with the eviction. Dont find humor in others misfortunes, one day it could be you or your family.
Everybody else got it except for you...I will explain just for you;

ONLY after the eviction was filed and he was served he came up with using the last month rent and after we were so caring and have a sheriff check on his welfare he called us after we placed another call that went to voice mail....and now we have to see it as using his last month rent? Really?

Not even the 3 Day Notice placed on his door, the emails, numerous calls, the twitter message to ask him to contact me made him do that and proposing to move out and see it as having used his last month rent...

And you call us basically "heartless"...really what else do you want us to do...give moving money?

Having a bad health isn't an excuse for everything...we already gave him time but it is a 2 way street and health issues are not an excuse to take advantage of others.

The owner doesn't get paid, we only get paid when the tenant is paying...but I guess that is fine since the tenant gave notice after the tenant was served for the eviction....

I had to laugh hearing his voice mail...I thought it was funny how people try to make it work for them...isn't it good to look at it from the funny side...we showed so much consideration but it goes only so far...

In the end I don't feel good about evicting him but it is the owners wish and actually from a business point, it is the right thing because you otherwise have no clue how long he will stay and delay his moving due to whatever reason.

Btw. he stated his wife was just layed off from Walmart and everybody we spoke with told us the same...Walmart doesn't lay off people before Christmas unless they did something really wrong...think about that...or it might be another lie to get us to feel for a sob story.
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Old 12-22-2011, 10:29 AM
 
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It never gets better once a tenant starts dodging calls...

If possible... I have a heart to heart with the tenant and explain no matter what they will be leaving.

It can be done the easy way without the law involved or the hard way with the Sheriff...

The choice is theirs and many do see the light.

For others, there is nothing that works... had tenants asleep when the Sheriff entered the home and said they were going to call the police for illegal entering...

It's usually a six week process here and they claim they knew nothing about it
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Old 12-22-2011, 10:51 AM
 
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It always puzzles me when I see the piles of stuff in front of a house and I can see the sheriff was there. Do these people think it will never happen? I don't get it. Then they act like its the landlords fault that they didn't pay their rent. They start claiming all kinds of problems with the place, even though required notice to tell the landlord of these supposed problems never occurred. Funny.
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Old 12-22-2011, 11:04 AM
 
15,470 posts, read 20,257,482 times
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Quote:
Originally Posted by Ultrarunner View Post
It never gets better once a tenant starts dodging calls...

If possible... I have a heart to heart with the tenant and explain no matter what they will be leaving.

It can be done the easy way without the law involved or the hard way with the Sheriff...

The choice is theirs and many do see the light.

For others, there is nothing that works... had tenants asleep when the Sheriff entered the home and said they were going to call the police for illegal entering...

It's usually a six week process here and they claim they knew nothing about it
I filed another one last week...seems sad 2 in one month. The one in my original post is one we inherited and never had a background check but paid for 4 yrs...not too bad.

The other one is one we signed the lease with and who came from Out of State. We had a background check done with nothing bad on it. They paid 1.5 month before moving in first, last and security dep. in full, but there were 2 red flags...

One was when they hesitated to sign the lease because we don't allow smoking inside the home only outside...and the main red flag was that they claim to have all kind of health issues and are using oxygen...(dissability chekcs)

The second one was their statement "we will leave the place better than when we move in"...that is always the worst sentence...!

After they moved in they started to complain how dirty the palce was, the yard not maintained, etc...unfortunately for them we have imprinted date and time pictures of the property. Emails from the previous tenant about the move out process and her cleaning and the charges which were little, but still a low amount was charged against her sec. dep. and we have bills from various vendors for yard maintenance, cleaning etc. for this property incl. bank statements showing we paid for it...

That will be hard to argue and after we filed for non-payment they didn't even pay into the court register, making it an easy eviction and our grace days are less than the State is giving if you leave it blank.
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Old 12-22-2011, 02:12 PM
 
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Everyone has been current this year with one exception.

They were and continue to be good tenants with one exception.

Both had their hours cut-back and I decided to break my own rule and let them pay the rent in two installments each month corresponding to pay day.

They never dodged me and called ahead to alert me of the problem.

I'm tend to be more lenient on the units I own as long as I'm not being played. The last thing I want is a vacant unit in some neighborhoods because it is a magnet for trouble...

On the managed units... it is by the book as it should be...
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Old 12-22-2011, 04:27 PM
 
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We all have to see what January will bring...On Black Friday we overheard someone stating that they for sure were going to buy the stuff instead of paying the rent....It was not one of our tenants, but one other LL didn't get paid for sure...
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