Rent Collection
I have a tenant who has not paid the rent in January and February. I inherited the tenants from the previous owner and she does not have a lease.
She keeps on saying she would move out by the end of February and pay before she leaves. I would be happy if she just leaves.
What if she does not pay or does not leave? Should I start the eviction process now and/or give it to a collection agency?
If she does not have a lease what are the terms of her occupancy? How do you know what she should be paying? You should probably start an eviction now or at least see what is required in your state. Usually there is a short term notice to the tenant to pay or quit the premises. In CA this is a three day notice. If the tenant does not comply then an unlawful detainer is initiated (law suit to evict). Your situation may be complicated a bit if indeed there is no agreement but it should not be too hard.
Boy, I've got a lot of property I'd like to sell you
if you think that your tenant is REALLY going to pay you before she leaves at the end of february.
Start the eviction process today. I don't know how long the process takes in CT. Tell her in a "friendly way" that this is what your "financial advisor" (me) insisted you do. But, this should not present any problem siince she says she will be gone by the end of FEB. This helps to push them on the nest.
There is a nice notice on this site that I have handed to my tenant when I first purchased my building. See the Freebies page and look for the notice of default rent link...Now she pays well everytime. Sometimes they want to test you. But you should test her.
Thanks a lot. I was a bit sloppy, there was a month-to-month lease specifying rent and late charges, etc. I received the rent the first month. Then I was distracted because my mother-in-law had a stroke and these people noticed I was not there as much and took advantage of it.
I have downloaded the Notice of Rent Past Due. I hope that is the correct document. I will deliver that tomorrow morning.
I started eviction process. Now she says she will fight it because her oven did not work for a few days and her rent is too high.
I don't use any attorney for this; should I get one? You can tell I am new in this business.
These are typical attempts to remain on the property by deadbeat tenants. Offer her a carrot, e.g. offer to pay her a couple hundred bucks if she moves out by the end of the week, before you hit her over the head with the stick (the eviction complaint). Since most of these people are hard on money anyway, they will respond better to positive reinforcement. I've never had to evict anyone to date since I've used this method. If this doesn't work, I would say hire an attorney (at least for the first time) so you can get a flavor for the process. Unless you are a quick study, I would say leave the first eviction or two up to a trained lawyer who routinely does this kind of work. Having an oven not work for a couple of days is part of the inconveniences of life, not a reason to withhold rent. If the rent was too high, she should have moved not stayed there.
I went to the housing court. The deadbeat has to pay this month and will have to move out. I was told to file in small claim court to collect back rent. The deadbeat was vey defiant, still is, saying I can get all judgements, but won't be able to collect. I inherited this tenant from the previous owner. Only today I found out she has to keep housing as a condition of her probation. I didn't even know she was in jail and is now on probabtion.
Both my wife and I are on this deed. Should I transfer it to my wife so that I don't have to take time off from work to deal with these issues?
As both are on Deed, either can proceed. A property manager could proceed. Advice above recommended an Eviction Attorney......Take it! Especially on the 1st one.