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Background:
got remarried, couldn't sell house due to housing drop. got a renter. He isn't paying anymore.
Rent is due on the 6th of the month.
He asked me to allow him to be 1 week late for July 6th because he was on vacation. I said sure, no problem, I will come pick up the rent on the 12th of July.
No rent, he says he was called out of town.
No rent.
He will send me the money.
No rent.
August 6th comes and goes. NO RENT. Now 2 months late.
Promises to be completely paid up in 10 days and will overnight me a check. That was 14 days ago.
NO RENT.
I have a standard AZ residential lease agreement. I don't see in there where it is that I can evict him. At what point has he broken the agreement and can be evicted?
What can I do?
Also, if I start forclosure on the house (because he isn't paying I can't meet my mortgage much longer) can he sue me? Lease is good til Feb. 2011
Background:
got remarried, couldn't sell house due to housing drop. got a renter. He isn't paying anymore.
Rent is due on the 6th of the month.
He asked me to allow him to be 1 week late for July 6th because he was on vacation. I said sure, no problem, I will come pick up the rent on the 12th of July.
No rent, he says he was called out of town.
No rent.
He will send me the money.
No rent.
August 6th comes and goes. NO RENT. Now 2 months late.
Promises to be completely paid up in 10 days and will overnight me a check. That was 14 days ago.
NO RENT.
I have a standard AZ residential lease agreement. I don't see in there where it is that I can evict him. At what point has he broken the agreement and can be evicted?
What can I do?
Also, if I start forclosure on the house (because he isn't paying I can't meet my mortgage much longer) can he sue me? Lease is good til Feb. 2011
For future reference (too late now), the minute the rent is 7 days late BEGIN EVICTION PROCEDINGS! If they do pay, then you can stop the procedings, but if they don't pay, you are ahead of the game. It takes 30 days (where I live) to get people OUT OF THE HOUSE legally.
Many houses are being foreclosed on with renters. It's quite a problem from what I hear. Their interests are not protected. I would not worry about them one little bit. If you are going into foreclosure, it's really their fault to being with so heck with 'em.
I am sending him a breech notice for non-payment of rent to ensure he has been notified that the agreement is no longer valid. I will send it certified mail then I guess I have to file in court - THIS SUCKS!!!
Do you know anything about your state's landlord tenant laws? If not, get in touch with someone there who does know. You have certain rights and responsibilities and your tenant has certain rights and responsibilities. You can not make things up to suit what you want and the tenant cna't make up their own rules because that's what they want. It's all spelled out in a legal lease and your state law.
I had problems with tenants who did not pay and would not bother to talk to me. I did not want to evict them, but the rent that was already late was about to accumulate 2 months, and they would not talk to me despite numerous emails and calls.
Many LLs will evict, period. I wanted to give them a last opportunity before starting the eviction process, and it worked.
Sent them an email saying "last attempt to reach before proceeding with eviction."
Got an email response within a few hours. Nobody wants to have an eviction in their report, after that it is very difficult to rent anywhere else.
Evictions can be a mine field for those not aware of the all the requirements...
I would strongly suggest you hire a local lawyer that specializes in evictions and do it tomorrow.
I've been successful in getting people out by having a sit down meeting...
I explain it's nothing personal... they will be moving. They can choose to be out in 48 hours or they Sheriff will be putting them out with an eviction on their record.
It goes 50/50... some move and others stay still physically put out.
The reason I suggest a lawyer is that it is easy to delay the process or even hurt your case by saying or doing the wrong thing.
Nothing to be gained by delaying the inevitable...
Hate to say it... it is more your fault the tenant is 3 months behind then the tenants.
Yes, I gave them the benefit of the doubt for the first month. Then he said his father died so I gave him a bit more time. Again my fault - trying to be NICE. Now he won't answer my calls or emails and here comes Month 3 !!!
Happened in a blink it seems - I have to look out for my family and paying the mortgage out of my own pocket is not something I can continue doing - its putting financial strain on myself and family now.
I contacted a lawyer and held off on sending the notice in the mail - I agree, I don't want to mess this up. I either need them to pay or get out so I can get someone in who will pay.
Yes, I gave them the benefit of the doubt for the first month. Then he said his father died so I gave him a bit more time. Again my fault - trying to be NICE. Now he won't answer my calls or emails and here comes Month 3 !!!
Happened in a blink it seems - I have to look out for my family and paying the mortgage out of my own pocket is not something I can continue doing - its putting financial strain on myself and family now.
I contacted a lawyer and held off on sending the notice in the mail - I agree, I don't want to mess this up. I either need them to pay or get out so I can get someone in who will pay.
It's all part of the learning curve...
There are lots of first time renters and landlords...
It does get easier with experience
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In most states,
