When To File A Quit And Pay-Vegas
I have tenant on L/O who won't pay on time. He keeps telling me that I'll get my payment, but it comes late every month. He has never been on time. I would have filed the quit and pay a month ago, but he seems to pay me at just the right time before the next month starts. Then I see the money and I’m like ok fine I’ll take it. Usually the rent is 10-24 days late. Sure enough next month he’s late again and once again pays the late fees. My question is if he tries to contest the quit and pay what are his chances of succeeding? He hasn't paid this month.
I have another question about fee’s: Do you think the judge would think the following fee’s excessive?
fees= $1150 rent, $160=lost wages and travel to file QandP(I live in L.A.), $75 dollars late fee, 65 dollars unpaid utilities owed because they transferred utilities a month late, fileing fees with constable=$150
Total= $1600
Any help would be appreciated. I feel really bad because he has a family and is having financial problem, but business, is business.
You need to check this with a more informed authority, but I believe that in California if you are evicting following a three day notice to pay or quit, the only item that can be collected is back rent. My authority is my recollections of overhearing my ex who has an eviction service. She often would have to refile 3-day notices when those issued by the property owner tacked on late fees, etc.
Again, check on this.
Another issue that you might check (your lease/option documents) on is whether or not poor performance on the lease might cause grief for your tenant on the option. I would have verbiage in the agreement that option rights are dependent on performance on the lease. I would do this even if it is not enforcible.
He pays but he pays late -along with the late fee. You may be money ahead by leaving him in the joint. To fight him in court (not very probable) or to evict him , clean up the place,rent the place can be very costly -especially at this time of year.
Base on my experience here, you can
put in for rent owed,late fee, and filing charges. The other items-nope.
IMHO
Ever thought about moving the pay date? Rather than him be late every time, he will be on time. Just a thought. But if he is consistent, maybe his paychecks are off with the time of your payment due.
Remember: you are the one in control. And it may save you some greif, particularly if they have been good payors prior.
I am NOT an atty especially in Vegas but here are my thoughts.
Courts do not cover your travel, lost work etc etc etc.
You say he pays late and pays the late fee.
I just REALLY do not see the problem.
He makes his payment AND pays you a late fee. In my opinon what could be BETTER?
Hopefully you made the contract so the late fee is large enough so basically you are loaning him the monthly payment at about 25% interest if figured on a yearly basis.
I get the feeling you are looking at this as something personal and not what it is BUSINESS.[ Edited by MrMike on Date 12/10/2003 ]
Ok, I guess your right. I'm automatically collecting a 75$ late fee every time they are late. Maybe it is worth it to get my money 10-24 day late and then collect an extra 75$.
So when would I evict them? When they are 30 days late, 60 days?
How about the next time they are 15 days late you post a 3 day notice. This is how eviction is started in FL. You could proabaly look up how to start it in CA.
That way it is a wake up call. It doesn't cost you anything and you don't let it get out of hand.
If you need a 3 day notice you can go to the green 'Freebies' tab at the top of this page. Then look for the 3 day notice.
Of course you don't want them to get WAY behind but for me I would love it if they were 15 days late every month just more PURE profit for loaning them money for 2 weeks.
Interestet at about 120% if figured yearly
Mike[ Edited by MrMike on Date 12/11/2003 ]
John: I know your in Las Vegas? or at least have been? What do you think. How many chances should we give tenants before we file a 5 day quit and pay in Las Vegas?
how long have they been on a l/o?Sounds like they don't intend to purchase
hope you inspect the home 1 every month you might end up with a big mess
if they don't excercise their www.option.I had the same thing happen.Don't get greedie
ihe little extra you www.rec.each month might
cost you if they leave or you evict.
This sounds like a big HEAD ACHE! I know how it can be to deal with a late payment ALL the time, once you receive it - everything is fine, but then the next month it is the same old thing again? How about this, send me a private and I will show you how to end this fiasco once and for all!!!!!!!!
NYCinvestor,
Why don't you want to share this information with everyone???
We wouldn't need to PM you if you would post it here for all to see and then you could help everyone who might have this "problem".
John (LV)
just as a follow up to this I did file the 5 day quit or pay. They contested for more time to come up with the rent and find a new place to live for thier kids... Whatever.!!!! My court date is this week. One thing though an attorney I talked to said I should have filed a 5 DAY UNLAWFUL DETAINER, since it was a L/O? Ever heard of this?
I was just going to suggest you talk to a NVlawyer and find out, exactly, what the RIGHT foreclosure process is in NV.
Sounds like you did talk to a lawyer, AFTER doing it less than best way, so next time, see lawyer first...probably save you money in long run.
scr2001,
Here is a link to the Las Vegas Constable’s Office eviction process information pamphlet.
http://www.accessclarkcounty.com/Constable/Eviction_Process.htm
This should give you a layman’s idea of what to do.
John (LV)
scr2001,
You need to follow John Merchants's advice and see an attorney that understands, instead of file an Unlawful Detainer action.
Here is what can happen, depending on how you structured the L/O your tenant could claim "equitable interest" the next thing you will hear is the Judge saying " You need to be in District Court" meaning a Judicial Foreclosure.
I hope you don't have one of those keep the "option" in your back pocket deals.
Then again you may have the proper paperwork, if not get an attorney or get lucky your tenant/buyer doesn't know any better.
John $Cash$ Locke
John: What does that mean: "I hope you don't have one of those keep the "option" in your back pocket deals."? Can you explain a little. You mean like I better have all my paper work together?
scr2001,
Since I did not see your contract, did the buyer give you any money that was applied to the option price or has any money from the monthly payment been applied to the option.
If this money has been applied then the Judge could rule that an "equitable interest" is involved which puts you in District Court rather than Justice Court.
I believe that some advise to keep the option separate from the lease, or the option in your back pocket like it does not exist because of the "equitable interest" issue.
John $Cash$ Locke