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View Full Version : The time has come to evict my tenants



cab244
07-09-2003, 01:09 PM
I posted on this a few months ago. About my tenants being late and me having to babysit my property manager to get anything done. Well, these deadbeat tenants have been late every single month since the first month.The only reason they weren't late the first month was because they had to pay before they moved in! The guy is a navy recruiter so he makes more than my husband does and yet he still cannot pay his rent on time!! My property manager called and left him a message on his machine. He called their answering service at 730 last night and told them he would be in to pay on Friday! Um, excuse me. The rent is due on the 1st. You get til the 5th to pay. Not the 6th, not the 8th and certainly not the 11th!!!!!! He claimed he was out of town again and that is why he couldn't pay. They have used that excuse 3 times now. Um excuse me the mail runs everywhere. He's married and has 2 kids and just seems to have no regard for his family's welfare. I am so sick of this crap. All I want is a tenant who will pay their rent on time. Oh, and maybe a property manager who will bother to call me when there's a problem. That would be nice too. Grrrrrr.

MsLynn
07-09-2003, 01:24 PM
if he's military, contact his commanding officer, they will make sure he pays his bills and that any damage done to the house is paid for, thats why everyone in OKC LOVED to rent to military.

SaraSmiles
07-09-2003, 01:27 PM
I know rental property is just a HUGE headache. I feel for u. My grandmohter owed over 100 properties.
I told her please dont leave any to me. But guess what... :( :p

mrssnoop1
07-09-2003, 02:33 PM
I agree that you should contact his command. The military doesn't like you to not pay your bills. My husband was in for 20 yrs, and I babysat for several military families. This one woman wouldn't pay me. Two months went by and still no pay. In the mean time she was buying concert tickets and clothes. I went to the command and the co brought her in for a meeting. I got every penney she owed me.

nosamiam
07-09-2003, 03:15 PM
It sounds like he may be able to have the rent taken directly out of his pay.

Good luck in finding a tenant that pays on time. My Mom has rental property that I manage and it's a pain. In the last 15 years we have had one family that paid on time. Just make sure they are made to pay a late fee.

cab244
07-09-2003, 03:46 PM
See the thing is this wasn't intended to be a rental property. We bought this house and it was our home for 2 years while he was stationed at Ft. Benning. Well, when they sent him overseas he told me to pack our household up and move back to Atlanta where we are from and where our family was. We tried to sell it before I moved but we were unable to. He wants to find a job up here because of our family and there are more job opportunities and better pay here. So we rented it out so we could possibly pay down the mortgage and sell it eventually. I need this rent money to pay the mortgage. I'm renting myself up here. When he was gettig his overseas extra pay I could pay the mortgage and rent but when the extra pay stops we won't be able to eat if I have to pay them both out of our once a month check. If I don't pay the mortgage on time our credit suffers and we won't be able to buy another house. This is why I'm so ticked. My property manager said that she was going to try and contact his commanding officer. But since he's a recruiter I don't know how she's going to do that. This just makes me so mad. He gets a spending allowance on top of his pay too. ARGGHH. I hope they do take it out of his check. I'm soooo tired of having to stress about this. I've got enough to stress about now that my husband's going to be home anyday now.

Barbi_Route66
07-09-2003, 10:34 PM
Do you charge a late fee when the rent payment is received after the 5th of the month? In the complex I live, if they receive your payment past the due date, they charge $25 late fee. The place I lived before, they charged $50.

What's wrong with this guy post dating a check (I'm assuming that is his method of payment) & asking you to hold it until the 5th of the month? If he does that, at least you will have your money. By the way, when does his lease expire?

MelanieAnn
07-09-2003, 11:06 PM
Hope it works out... :(


Good luck!

lisahiser
07-10-2003, 07:54 AM
Originally posted by zitra
But if the guy post dated a check, she still would not be recieving her payment on time, and would have trouble paying her own bills.


Zitra is right, not only is this guy just basically giving her an IOU but who is to say that the money is even in the account or is even going to be in the account.


I hope things get worked out soon CAB.

cab244
07-10-2003, 08:07 AM
The propery manager charges a $50 late fee but I do not get it. They do. The rent is DUE on the first not the 5th anyway. So the property manager should not have to hold it that long regardless. Plus as I mentioned earlier he is military. Military gets paid either on the first(monthly) or the first and fifteenth. He makes more money than my husband does and is paying $100 less for monthly rent than we are here. Frankly, I do not have any sympathy for him whatsoever.

cab244
07-10-2003, 08:38 AM
I just spoke with my property manager. She's contacting his commanding officer today.

MsLynn
07-10-2003, 08:42 AM
GREAT!!!! HOPE IT WORKS OUT FOR YOU.

Iluvbears
07-10-2003, 09:25 AM
You can't evict a tenent if they are a couple days late. As long as they are current with their rent there's nothing you can do. I think it's wrong to contact his commanding officer when he's current with his rent. I understand he's late, I understand he makes more than your hubby but that doesn't make a difference. He pays his rent, it may not be on time but he pays it.

A lot of people don't pay their rent on the first. That's why they charge a late fee.

I just don't agree with contacting his commanding officer.

cab244
07-10-2003, 09:31 AM
Okay will you listen to yourself. If he's LATE then he's not CURRENT. He has been doing this to me for the past 4 months straight. And it's not just a few days either. The rent was due on the first. He is given until the fifth as a courtesy. Yet he still cannot get his butt in there by then. He has not paid any earlier than the 10th since he moved in. His first full month he didn't pay until the 20th. The house is in Phenix City, AL. I live in Atlanta, Ga. That means when he finally does drag his sorry butt into pay on the 10th it takes until the 15th(at least) to get my money. Then I have to deposit the check wait for it to clear and all that. How would you feel if it was your family that needed that money to pay their mortgage. I am not some heartless landlord. I NEED that money. If he couldn't live up to the contract and be man enough to handle his affairs on his own than that is his problem. Don't tell me I'm not being fair to him. It's not fair to me and my family that he is constantly late.

Oh and as I stated before I DO NOT GET THE LATE FEE!!!!!! Therefore according to you I should just let this guy come strolling in whenever he wants to pay the rent. Hurt my credit and have to pay a late fee to my mortgage company or else not let my family eat just so I can be fair to him???!!!

cab244
07-10-2003, 09:41 AM
Why do people feel the need to constantly try to start arguments in my threads???? :(

According to the law I do have the right to evict him at anythime after the 5th of the month if rent has not been paid.

nosamiam
07-10-2003, 09:45 AM
I think you are doing okay with contacting his commanding officer! It is such a pain when they constantly pay late!

nosamiam
07-10-2003, 09:53 AM
cab don't worry about it! I don't think they are trying to start an argument. They are just stating their opinion.

It is true that you won't be able to evict them just because they are late. But the late fee needs to be enforced no matter who gets it. If he starts to pay the late fee every month then maybe he will get his butt in gear and pay the bills.

nosamiam
07-10-2003, 09:57 AM
Let me rephrase that. You won't be able to evict them with out a fight. Court time and lawyer fees and a lot of your personal time. In the end they may end up getting to live there rent free for a while. Cuz once they see your trying to evict them they may just stop paying and move.

Like I said before I have been managing my Mother's duplex for 15 years and it's a pain in the but. Tenants are never going to be exactly what you want.

cab244
07-10-2003, 09:59 AM
He's been paying if for 4 months now and it doesn't seem to be phasing him yet. It has always been enforced. I just don't get it, the property manager does.

nosamiam
07-10-2003, 10:06 AM
That's crazy that the management gets the late fee and not you!!! Is that in the contract for all management companies?? Hmm I need to tell my Mom that I get the late fee! ;)

nosamiam
07-10-2003, 10:07 AM
Try calling your mortgage company and changing the due date along with your own landlord. Maybe you could get the dates to match up better so you won't be late.

nosamiam
07-10-2003, 10:08 AM
We did that with our car payment. Life is much better now! lol Hubby gets two paychecks before the payment is due.

lisahiser
07-10-2003, 12:56 PM
BTW yes CAB can kick this guy out for being late, it happened to me, I was living in an apartment complex and my boy-friend at the time left me and I was stuck trying to make the rent. I was late 3 months in a row, the place sent me an eviction notice and just flat out told me that if I didn't get caught up with in two days that I was out, of course it was impossible for me to get caught up like that so I was kicked out, I was "current" on rent but that wasn't the point. and like most places in this world, you do sign an agreement which states, terms, late fees, and other such stuff. Legally CAB can do this, she may have to go to court but so what! Besides looking at this guys track record, do you think he will even show up to court, or do you think he will ask the judge to make it on a day when it is more convient for him....... :rolleyes: :D

Landlords have to eat, have a house and cloth themselves too, You think it helps them out when they have to wait to get paid by the tenants who really don't seem to care that the landlords are depending on this money every month to be on time. That would be like your boss asking you to wait a week or when ever he can get around to it to give you your check, that you worked 40 hours that week for....... makes ya stop and think huh?

cab244
07-10-2003, 02:12 PM
I called my property manager a few minutes ago. Her assistant told me that she had spoken with his CO and he said that he would talk to the guy. Just for the record I really didn't want to have to do that. But he's been sent letters, had phone calls and I just didn't know what else to do. Hopefully, this gets him on track and we won't have to do it again. All I want is my money on time and I would be happy. My mortgage payment is due on the 25th. But I have to have time to be able to mail my check to them too after I get it and deposit it. Thanks for the support and letting me get my vent in for the day :).

Willow
07-10-2003, 02:26 PM
Standard Eviction Proceedings

You cannot be evicted legally unless your landlord has gone to court and obtained an order giving him/her permission to evict you. Any attempt on the landlord’s part to evict you without both a court order and a constable’s help is illegal, no matter what the lease may say.

Steps for Eviction
Notice to Quit
The landlord must send you a written “Notice to Quit” saying s/he wants to end your tenancy. This is not an eviction notice or a court order. It is just the notice your landlord must give you before s/he can begin eviction proceedings against you.

If you are being evicted for nonpayment of rent, the landlord must give you fourteen days’ notice to quit. This means the landlord must wait at least fourteen days from the date you recieve the notice before s/he can go to court to start eviction proceedings. But, you can pay back your rent within five days of receiving this notice and avoid eviction as long as you have not received another fourteen days notice within the past year.

If the eviction is for any other reason, you must receive notice at least one full rental period or thirty days in advance, whichever is greater.



Summary Process and Complaint
After the notice period expires, the landlord can go to court and get a “Summary Process and Complaint” against you. This complaint says that the landlord is bringing court action to evict you. It is also a summons, requiring you to appear in court for a hearing on a certain day and the date on which the Answer must be filed.


Answer
The Answer is a written response from you stating why you should not be evicted. It is available at the local district court. The Answer will also give you the chance to make counterclaims against the landlord, which may include health codes violations, retaliation, harassment, security deposit violations, or improper eviction proedure. It must be received by both the court and the landlord by the Monday before your court date. Keep a copy for yourself.


Court Hearing
In court you and/or your lawyer can present your side of the story. You can bring witnesses and evidence, and cross-examine the landlord and his/her witness.


Judgement
The judgement about whether or not to evict you is made by a judge. If your landlord wins in court, a constable or deputy sheriff will be ordered to move you and your things out. If you are being evicted for something that is not your fault, the court may allow you several months to find a place to live.

cab244
07-10-2003, 02:36 PM
Hmmmm, sounds to me like I was better offf taking it up with his co.

Iluvbears
07-10-2003, 05:44 PM
Geez woman..I wasn't trying to start an arguement. Just because I didn't agree with you doesn't mean i'm trying to start an arguement. It's a fact You CAN NOT evict a tenent if they pay their rent. CURRENT means up to date. The dude isn't a month behind nor his he several months behind. He is a couple days behind, so he is CURRENT with his rent.


Therefore according to you I should just let this guy come strolling in whenever he wants to pay the rent.

I never once said that, you are adding what's not even there. Believe what you want to believe & read what's not even there cause you're going to do it anyway.

Willow
07-10-2003, 06:33 PM
I don't think there are too many landlords who are going to spend the money to have someone served with papers if they are only a few days late. Even after the landlord has given the tenant a letter stating they want them to move they still have to give them another 14 days from that time to pay the rent before getting the court involved. By that time I'm sure that the tenants would of payed the rent. Once they have paid you have to drop any proceedings that you've started. I'm sure that in this case it's not that the tenant doesn't have the money. It just sounds like he pays it when he gets around to it. Of course it would be nice if he payed it on the first but he doesn't for whatever reason. I can understand where it might be an inconvenience.

cinnamonch
07-10-2003, 06:36 PM
In the future might I suggest that you make your tenant pay by money order. That way you wont have to worry about it clearing (or not as much).

Also impose a stricter late fee. My niece's apartment charges $25/day for every day you are late. The rent is due on the 1st and you have up until the 5th to pay. After that, you get hit and you get hit hard.