Landlord Advice Getting Tenant Out

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Heres my situation. Tenenat has not paid rent....been a slow payer since the beginning...(I inherited this tenant on a recent purchase... not one I rented to) Date payment due they call with story of family emergency and can we give them till the 15th....We say sure but know we will expect all late fees etc..... we then find out they have added pets to their family and that is not allowed so I write a letter explaining the fees for being late and tell them that they need to get rid of the 2 dogs they now have and I send it certified.........We make arrangements to pick up check on the 13th and he tells me "My attorney says we should send it certified and that the best thing for them is to move so I will be getting a notice as well" needless to say we got nothing......so we give it a day for postal delays and nothing so we give them a 3 day notice...(it expires at midnight tonite) .....this gets through to wife who calls and says I am rushing to post office now.....still no check (as of now).........

so to my question......I obviously want to get paid (It is a duplex and to complicate things the other side was vacant this month for refurb)

what would you do to get paid AND get rid of these tenants.....

If check is in the mail today I will rush to bank and cash but now the eviction process is halted.....If its not my wife drives to the court house tomorrow and continues eviction............
If there is a 30 day notice with rent then I will wait........
If not what would be best??? Just serve them their 60 day notice at my convenience or continue eviction based upon other facts (pets...late rents etc)

What would you do
Sorry so long rolleyes

Comments(7)

  • DaveT22nd March, 2004

    Contact your attorney. Know your rights and responsibilities to your tenants. Local landlord tenant law will dictate eviction procedures and timelines.

  • BMan22nd March, 2004

    I have studied and have a good understanding of the law in this area just havent had to deal with it before because I have always been a good judge of people and been lucky in picking tenants. This problem was inherited.......My main concern is that they leave peacefully and without casuing a problem for me or for the new tenants of the duplex that will be moving in next weekend........[ Edited by BMan on Date 03/22/2004 ]

  • ahmedmu22nd March, 2004

    I had a similar tenant that I inherited. She always had a story, she is divorced, husband has custody of her kids, they will visit, she has a trust fund from parents, accountant is not calling back, her car broke down, etc.

    I pursued the eviction process, she did everything to stall. She is out today!!! out of there!!!

  • ahmedmu22nd March, 2004

    Lesson learnt: don't waste time, take action at the first sign of trouble. I run a business, not a homeless shelter, neither a luxury cruise line.

  • monkfish22nd March, 2004

    Chock it up as a loss.

    Face it, you're never getting that money.
    You know it, they know it.

    Just write it off, file it away as a life lesson, and hope they don't trash the place on the way out.

    Good luck.
    [addsig]

  • BMan22nd March, 2004

    Yeah I guess I kow they probably wont pay....guess I just got used to them coming through but late..........I will definitely follow through with eviction process.......and even if they do pay I am oing to serve them their 60 day notice (they have been there more than a year) and get back to running it the way it should be..mine........last owner was real lax and they didnt like it when I came in with new contracts upped the rent etc.....Heck these people didnt even want to provide me with a copy of the key to the unit..........life lesson.....if I am buying and have any reason to suspect a tenant then I have them out before I buy

    Thank for the response...........ohhh and I will get my money someway.......He owns a small auto repair business and she works for the ocal school district...........so I will proceed through court..........
    :-D

  • ahmedmu22nd March, 2004

    Contact your attorney, add the attorney cost to the unpaid rent that will collect from court.

    Good luck.

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