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I have a tenant who is up to date as of July. he owes rent for aug, sept, and october and late fees for July, aug, sept and oct.
$3,840 no he's been without work struggling to make ends meet. so I've gave him PLENTY of time and I always have to track him down to get a hold of him.
Can I get this money out of him? I'm assuming it has to happen through court I'm sick and tired of his empty promises.
How do I go about getting the money? in other words what is the process.
currently the tenant is still living there, so any advice on that is also appreciated. but mainly I want to know the process of getting my money back (past rent owed) and I want to know how judges usually rule when the guy has no job? what is typical? should I expect to get something out of this? what does a lawyer cost? do I need a lawyer?
Probably not... your focus must be to limit further loss.
The eviction process ranges from simple to complex... all depending where the unit is located.
Years ago, I did have a tenant that came into a large amount of money from a settlement... car accident related. She made good on her word... one time in 30 years is not good odds.
Sounds like garnishing wages or attaching property would only cost you money.
3 months is a long time and I'm sure you realize your leniency exacerbated the problem
Wow, So you are thinking that you will still get the money back? Your tenant has no money. Rentals are a business like any other business. You cut your losses and move on. Sure their is a certain amount of risk involved as you are finding out. How long were you planning on carring this tenant?
As was advised you need to start the eviction process. Depending on the state or county that you live in this can take a while. You may want to post a 3 day pay or quit notice and hope that they move out. I don't think that will happen with this tenant though. Be advised that in some places it can take months or even a year to get someone out. We have a tenant that owes us (My employer) over $40,000 for a commercial property. They are out now and we are reassesing how we will use that property.
You don't say where the property is located. Check the state/county/and local laws on the eviction process. You are not going to get the money owed you. The tenant has no money. A judge or JP will order a judgement against the tenant for the amount you say he owes. Job or no job, he owes. Getting it is another story.
You need to stop the bleeding and start eviction process. Hopeing a late tenant will pay after so long is like teaching a pig to dance. It aggravates the pig and frustrates you.
Learn a lesson and don't give such a lenient time for repayment. No job, no rent...move.
Post a 3 day notice to pay or quit for the FULL amount he's delinquent. If 3 days passes you can start filing an eviction. At least that's how it works in Iowa. If I were you I would contact your local courthouse or sheriffs office to inquire what the eviction process is. They usually have great advice. You could also shop for a lawyer to take care of it if you think he's going to play more games.
Dont buy into this guys sob stories any more. He knows he can get away with it because you just gave him 3 months rent!!
One the one side of the coin : Tenant ( if you looked at it through his eyes ) is broke.
No money coming in. He is going to stall for as long as he can because his end result is being homeless.
On your side , you need him to pay or get out. This problem will repeat itself again and again for many future tenants you may encounter because many have/ or will lose their jobs. This risk is for all LL as any of your tenants could have the same thing happen.
It's sad but you have to get him out of there.
Not sure how long it takes to make that happen.
You seem like you have a heart for a LL . But some of your tenants might play around with your kindness. Good Luck .
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