Nonresponsive Tenant
I am a relatively new landlord and was hoping someone could key me in on proper procedure, as I have never been through this experience before and am hoping to avoid a mistake. I own a condo that I have rented out for the last year or so. For the most part no major problems….
I am a relatively new landlord and was hoping someone could key me in on proper procedure, as I have never been through this experience before and am hoping to avoid a mistake. I own a condo that I have rented out for the last year or so. For the most part no major problems. I signed a new lease with a new tenant starting on September 15th. He has always been a bit of a flake but was always communicative before. It was more of a situation where I had to remind him to pay his rent. Now he has disappeared on me. He has not paid December rent and is not responding to voicemails, emails or texts. How should I move forward from here? I want to be smart here and not make a mistake out of anger. I live about a half mile from the condo and am tempted to go over there to see what is going on. Bad idea?
Honestly, this sounds like he’s testing your boundaries
(either because he has to for financial reasons or because he’s a boundary-tester)
and you are doing what a lot of otherwise nice people do–you’re skipping the calm, clear assertion of what you need and moving all the way to personal judgments and thinking in terms of eviction. When you do this, you’re escalating.
You have a lease that clearly spells out what happens when the rent is late. There are no unknowns here. Put all worries out of your head, go knock on his door and have a calm, reasonable conversation in which you simply enforce what you’ve already agreed upon in the lease. If he can’t pay the rent and a late fee because he’s broke, explain that it’s much easier for you to work with him when he’s more proactive, and start a conversation about how and when he’s going to pay his rent. Write down whatever is agreed upon and send it to him in a letter, and make sure the letter states that no reply = acceptance of the terms set out in the letter. Then set about enforcing those terms in an equally calm, unjudging, emotionally detached way.
If you can manage to remain calm, not assume anything about his motivations and focus on the fact that you two have already entered into a written agreement in which there are clearly defined penalties for paying late, chances are excellent that he’ll make every effort to do the right thing.
If you seethe, judge, use the word eviction or otherwise tip your hand that you’re emotionally invested, then everything’s up in the air. For some people, this scenario becomes a game. For others, their sense of who they are (ie, “I’m a good person” or “I have enough money”) is threatened and it turns into a fight. You obviously want neither.
A bit premature to start racking up the legal fees, but a little counsel could go a long way. Keep good notes and recotrds on all your efforts to reach him. If you need to escalate this, do so on a firm foundation of your own diligence. Not too soon to act on hunches, but too soon to draw firm conclusions about what you are dealing with.
anyone know a good real estate attorney?
Agree 100% with Lo Kee. Do exacty that. Start your paper trail now.
I recommend you retain an attorney now, who will advise you to exact language, timing, etc. It’s an additional expense, but well worth it in my view.
Good luck.
“He is a freelance web developer.”
Damn.
“I saw him on the streets a few weeks ago and he was wearing a t-shirt that said ‘FUK WORK’ in the design of the Run DMC logo.”
Damn.
Good luck. I hope you can hold on and get through this.
***Bid half off peak comps***
having been through the eviction process as a lanlord recently it’s critical you get your facts and documentation straight. Agree with Lo Kee above on that. A lawyer will help you through this but it certainly seems worth speaking to your tenant. Just be honest and upfront. From your comments your worry is leading you to conclusions which won’t necessarily stand up in housing court. Stick to the facts and eventually you will clear this up, but as prior posters have noted housing court can be a frustrating experience so be prepared for that should it come to it.
From all your comments, I think you should hire a real estate lawyer who specializes in landlord issues. Your tenant is avoiding you, his rent is due, there is no good ending, just bad and worse options. Whatever you do, follow the law, this will be key for a speedier resolution.
DO NOT contact his employer. That is illegal.
He is a freelance web developer. Young guy. Doubt it is a health issue. He has always been a little dodgy. I tried calling him via SpoofCard so he wouldn’t know it was me, but he didn’t take the bait. I saw him on the streets a few weeks ago and he was wearing a t-shirt that said “FUK WORK” in the design of the Run DMC logo. *ughh*