SimonC
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Beware American answers!
It depends on what kind of tenancy, and what is in the contract. Any tenancy that doesn't specify otherwise is an assured shorthold. To get a tenant out you have to give at least two months notice, although if they have not broken the terms of the agreement you can't force them out during the initial period - in this case the 12 months.
If the tenant has broken terms of the agreement (ie not paid rent) you may be able to evict them IF your agreement has a term allowing you to. There is a statutory procedure to follow, which involves giving notice and applying for an eviction notice from the court. You need to ask a solicitor to assist.
If you get nasty the tenant will probably pay nothing and it will take some time and expense to get him out. If he has no money there will be no point suing him for the unpaid rent. It will probably be easier and cheaper if you can negotiate a lower rent while the tenant is looking for somewhere else, and if you do everything you can to help him. |
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new nanna
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If he genuinely can't afford to pay, the only thing you can do is release him from the tenancy agreement and look for another tenant - but you are within your rights to keep his deposit monies as he has not honoured his part of the contract. If you tie him to this commitment you will probably end up losing a fortune, so protect your own interests and get out while the going is good. At the very least, use your deposit monies to get an agent in to re-let it for you. |
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Charles S
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Both you and the tenant have certain rights. If he doesn't pay one month, you cannot immediately evict him. First you must ask why he did not pay, whether it's a temporary problem or long-term. If it's temporary, he must be given a chance to repay, particularly if he pays the next month on time. Equally, if he does stop paying completely, you can apply to a court to have him evicted and to be repaid via an attachment of earnings order.
You will need legal advice and the CAB will be a suitable source of advice. Equally, your tenant should seek their advice and help to get his payments back on track. Most lettings are Assured Tenancies. This is designed to give a degree of security to the tenant in the short-term but to allow the landlord to evict the tenant without reason after a given period, in your case 1 year.
If you're in the UK, ignore Real Estate Guy because he's completely wrong. You cannot withhold the security deposit except against damage to the property. All you would win in court in the way of damages is interest on the unpaid rent, so little that your court costs would be much higher. The law does not allow you to evict anyone as quickly as this person suggests. |
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hannah
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The guy is being honest with you, and remember the old saying "can't get blood from a tunip" If the tenant has not paid rent or full rent when due, serve the proper notice to pay rent or quit. (In California it's called a 3 day pay rent or quit notice), once the full working days ( 3days in California) have passed file an un lawfull detainer action aka eviction. However, I Strongly recomend using an eviction service, as one mistake will cost your the entire court action. Do not take his promisses to move without taking action to enforce the termination of tenancy. In many states once possession is turned over by the tenant, the landlord must provide a written statement of tenants deposit, with deductions for any past due rent, court fees, and or damages. We manage 500 +/- homes. |
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wandering soul.
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did you get a deposit? and if he cannot pay then why can't he claim for help?
If all else fails it leaves you with no choice but an eviction, which sounds really cruel this time of year, but it leaves yu with no choice really. |
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schwildcat1977
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File eviction. If he is not paying the rent there is nothing else you can do.
EDIT: There are some assuming you are un UK- You do not say were you are, and that does make a difference.
Charles is WRONG if you are in the US. You CAN file eviction the first month a tenant fails to pay. In most states you can file on the 6th. |
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laura
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if he has defaulted the payment to you then he has breeched the contract and u have every right to serve him 2 months notice. If u do this and put this in writing make sure you send it recorded delivery so they cant use the excuse they never recieved it. Good Luck.
The only other option for u is to take them to court but this can be time consuming and costly, u may want to seek legal advise! |
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stanthemansmum
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You can't force eviction through the courts until your tenant is at least two months behind on the rent. After two months, you issue notice. If after another 2 months he has not got back on his feet and paid the rent, you go to court - you are looking at 4 - 6 months to get this tenant out. If he has lost his job and can't afford to rent elsewhere he will probably have gone to get some advice. He will have been told to sit tight and not just move if he hasn't anywhere to go as this would be making himself intentionally homeless. They will have told him to let you take him to court to get him out.
I hope you put his deposit into the approved deposit scheme or if you take him to court and he counter-claims, the court will order you to pay three times the deposit to the tenant - which obviously would go to the owed rent!
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tanika971
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if he is working the only thing to do is give him notice to quit, if he is not working he can ask for housing benefit to cover his amount although they have a ceiling, dependent on where you live. Then you will have to sue him in the small claims court after he has left for back rent.
edit, Ask him what he can afford and get that off him each week till he goes. so at least you get something out of him. Contact your local C.A.B for free advice also. |
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claremont9
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Kick him out |
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Real Estate Guy
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If it were me, I would give him 2 options.
1. Pay Dec rent in full and move out by Dec 31. Hold the security deposit as damages and he can be free and clear of the situation. As look as he doesn't damage the place.
2. remind him that he doesn't have an out and if he screws you, you will go after him for full damages. You will get a judgement and if he ever wants to buy any thing on credit, he will have to resolve it. AND IT WILL BE MUCH LARGER THEN the security deposit.
If he doesn't pay the rent on time dec 1. File the necessary court papers on the 2nd. DO NOT WAIT.
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Hovis
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evict him and keep the deposit he broke the contract |
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Lily B Talus
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Give him a month's notice |
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alta
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Uk answer...........He has a 12 mth contract, so your stuck with him for 12 mths if he decides not to pay and sit tight. Speak to him to see if this is a temporary thing, if not come to some arrangement for him to pay a lower rent for up to 2 months whilst he looks for a cheaper property. You need to get him out asap, and being helpful will be easier. If you hack him off, he may just stay the whole 12 mths without paying rent. You can not serve him notice un till month 10, this will give 2 mths notice. |
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cmb
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Help the guy/her out, see what you can work out with your tenant. life get hard some time. |
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dloverise
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Give him a letter telling him he has 30 days to pay up or you will have no alternative but to evict him. Contact citizens advice bureau - they give great advice to landlords and tenants alike. |
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Gertie
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If he doesn't have the money to pay you obviously want him out. Write him a letter stating he can leave and you will charge him a Lease Break Fee of x amount of dollars. |
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jEAN lUC LIVES
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Go round with the boys and if he don't pay bust his legs and dump him in the park for squirrels to feast on. |
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Vicki
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My tenant has been late for three months straight. He said that he just forgets and doesn't get my calls because he is out of phone range when I call him. What has happened is that he split with his girlfriend and she is living there (she isn't on the lease) and he has a new girlfriend. So now he is late on the rent (3rd time) and has broken the lease (subletting). What can I do? |
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Vicki
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My tenant has been late for three months straight. He said that he just forgets and doesn't get my calls because he is out of phone range when I call him. What has happened is that he split with his girlfriend and she is living there (she isn't on the lease) and he has a new girlfriend. So now he is late on the rent (3rd time) and has broken the lease (subletting). What can I do? |
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