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garamel | How to make my tenants pay on time? I placed 2 eviction lawsuits, but tenants pay in the last moment.? |
How to make my tenants pay on time? I placed 2 eviction lawsuits, but tenants pay in the last minute and after that I had to terminate the case. In this way I can’t evict them and all I remain with is the lawsuits expenses. The thing is that the amount of the rent is considered “enough payment” to stop the eviction process. However, all expenses I had, I can collect from the security deposit in the end of the agreement. Unfortunately, I am sure that tenants are not going to pay me for the last month of the contract, so I will NOT be able to collect my expenses from all lawsuits I must place throughout the year.
Could You help me with advice, please!
Thanks!
Joe |
 |
 
melinda l
|
In the future, include in your rental agreement that the leasee agrees to pay the rent on time or pay an additional per day late fee for each day the rent is late, plus any additional costs (filing fees, attorney fees, court fees, collection fees, etc). Also, have the leasee include the name and other personal information of each additional adult member of the household. This way, if the original leasee cannot be located or is jobless at time of eviction, you can go to the next person/people in line to collect what you are due. ALWAYS verify the information you are given. Regardless, always try and talk them out of what they owe before filing anything in court....As some of us know, the court system is tough and expensive. Make it easy on yourself...put EVERYTHING you expect from a tenant in writing and have it notorized. Make your expectations clear in the lease agreement. Also, never accept any late payment beyond the rental agreement terms because if your agreement states they are to pay X amount before the due date and you accept a late payment for less amount, it could be used in court as payment in full. You could lose more than your monthly rent amount in court, which in your case, it seems you have already done. Good luck with your case. |
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jeannette_burnard
 |
What i done is told them up front and i don't have any problems make them sign a contract that they will pay on time |
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realestatelawyer
 |
Check your state laws. Some states allow you to terminate their lease and evict them for "habitual late payment of rent". Speak to an attorney in your area who is experienced in landlord and tenant matters. |
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mrklcoac2002
 |
Joe, you should take them to court anyway to prove your serious |
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wildcat03820
|
Depends on your state. In NH, if we serve a tenant a Demand for Rent more than 3 times in a year, we can automatically evict.
Good Luck. |
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mjfedele
|
Don't evict your tenants. Collect a security deposit. Then, if they need to be evicted, offer to pay them the deposit to leave. Also tell them that an eviction action won't show up on their credit report, so they can find another landlord to shirk.
You will get rid of the tenant and your tenant can get a new landlord to push to the limit.
Even if there is damage to your apartment, the money you will gain by quickly ridding the old tenant and getting a new one will be worth it.
If they don't pay, make sure that you report the non-payment to a credit reporting agency. Most landlords do a credit check these days. So should you. |
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L B
|
Have you thought about seeking the law and see if you can add an addendum to their signed lease and go up on their rent?? Mortgage companies go up on our payment if we incur more than the anticipated expenses for taxes and insurance. SO you should be able to do this to a tenant. SEEK to see the legal way to do this in your state.
If the contract is nearly up, go up on the rent; either go up so high, they will leave and you will get newer, better, more appreciative renters and do not share with them the previous renters' story. OR you will get them to see you are serious and put a clause in their that they only have three days after the rent date to pay or it is instant eviction. Have the "rent" already high enough to cover the court expenses...
I hope this helps or you get what I am trying to convey.
:) |
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Mr. Guy
|
Sorry, you are not going to get off that easy. Being a landlord takes work and you will have to earn it by dealing with tenants who don't pay. Get used to it or find another living. |
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cookiedada
|
You should require late fee of 25-30 $ if the rent is not paid on time.
also you can give a 5-day notice if the rent is not paid on 5th of the month then on the sixth day file eviction.
If they pay in the court,then ask the judge what is your option.
RE ownership also has some risks. but do not get dishearted.
When you select people, ask for current pay stubs, call up the previous landlord even after they move in.
Some people will give right address of previous apt. but relative's phone number. Drive up to that place and you will get right phone from for rent sign.
If you are an individual its hard, but you will learn.
Get a credit check at their expense. Charge more than a month's security deposit.
Usualy if they pay at last moment, they are in debt and trouble.
sometime beung nice also helps.
I have been in RE for 30 years and I have seen all kind of cases.
Good luck |
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TOYS R US KID
 |
Question?
how long have they been with you?
is this the first time, if they have been w/ you a while?
how has the past pay records?
I have property too. I have had the same happen, My one tenant was w/ me over 6 years got lade off and the "sh**" hit the fan for them I made up a payment plan (so much a week)till she got back to work in 2 month things were back to normal.
Also had a tenant w/ me 6 months and started the late payments i filed he was out the door and they payed court costs pulse repairer costs.
*
You should not collect any money from them ounce you have filled!!!!!
If they plead w/ you tell them "ill see you in court" an leave it at that, Before the court date, or day of, do a walk through checking on any damage and if you can change the locks or put a lock on the doors so no one can enter to do damage to the property(check your local laws to see if this is legal in your area) |
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thetoothfairyiscreepy
 |
DO NOT ACCEPT THE MONEY FROM THEM! if you accept any cash from the tenants during the eviction process, whether it is $5 or $5000, it will stop the eviction process and you must start over. Let them take YOU to court....make sure you keep reciepts for everything!
hope this helps! |
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Buster H
|
One thing I have always done, depending on the length of the lease and I let them know, that if they sign a 6 month lease they are paying more than they would with a one year lease. I factor in what one month free for 6 months would be and what me giving them 2 months free for 12 months costs in the rent. The extra 1/12 or 1/6 isn't that much of a difference to them. It is to me when you multiply it by the number of tenants.If they pay on time they get those months free. It doesn't cost me anything more by giving them the free months since it's already factored into the months they are paying for. The ones that appreciate the break more then offset the few that don't. It radically changes the attitude toward rent. It's worked for me for 20+years. |
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lendermark2
 |
Not to scare you but have you seen "Pacific Heights". I'm not a landlord but it's scary the "rights" they have.
http://movies.yahoo.com/shop?d=hv&cf=info&id=1800146223 |
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Maliia
 |
A lot of it depends on the state you're in and what the landlord tenant codes say. In the end your best bet will be to consult with an attorney to get a better idea of what you can and can't do and what your tenants must do each time in order to stave off the eviction process.
When you say that the amount of the rent is considered enough payment to stop the process, I guess the question is, enough payment by who? By the court? I know in California, a list of all past due charges including rents, fees, penalties, court costs and attorney's fees if applicable is submitted as the amount due and payable in order to satisfy the eviction process. As such, if the person comes up with the money at the last minute, all your costs of evicting them are paid back plus you get a nice 5% (standard) late payment fee and perhaps another percent as an eviction process penalty fee. Maybe in your state, you can only do the rent and not any other costs. That seems like it would be a bit unfair and it doesn't make sense, which is why consulting with a legal professional like an attorney could actually save you money because it might be that you can get all those other fees and costs too. Again, it just depends on the state.
Obviously in the future you should be a lot more cautious in who you rent to. Run credit reports, get referrals from previous landlords and do an employment check as well if needed. It will cost you a lot less in the long run to let an apartment sit empty for an extra month than to rush things and rent to the wrong person who costs you more in time and money over the course of their time there. |
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