How to Start An Eviction... The Nice Way?
I need to evict a tenant because it’s just not working out. The rent is paid weeks late every month for the last 5 months that the 1st of the month to my tenant now seems like anytime between the 16-20th. Been very patient since she was a friend of a family, but now I…
I need to evict a tenant because it’s just not working out. The rent is paid weeks late every month for the last 5 months that the 1st of the month to my tenant now seems like anytime between the 16-20th. Been very patient since she was a friend of a family, but now I think Ive had enough. I was about to contact a lawyer today to start it but thought to myself maybe I should just talk to her about it and see how it works out. Anyone try to be a nice guy in this kind of situation, if so how has it worked out.
I am better in quantifiying things. so if tenant pays $1000 rent a month behind, you loose $20/year of fdic insured saving account interest. compare these $20 to eviction process. it will take 6 months of no rent ($6000), a few thouthands of lawyers fees, a several thousands of damage to the house if she gets militant and drop bag of cement into toilet. then you call marshals and they throw all her belongings on the street ($5000 of damage to tenant). sounds like way to solve the issue.
I slip a rent bill under all of my tenants doors around the last week of month.
It has late fee when payed after 5th.
It works, often when tenant is late they add late fee to rent check without ever having a conversation.
The contours of the advice here seem sound. It sounds like you have some mistrust. Start “the nice way” with a conversation about how you expect the rent on time. Keep a contemporaneous log of notes of all your conversations about it. Does your lease have a late fee built in? If so, mention it, and say you will start charging it. Do you ahve her email? Email a reminder on the 1st “Just a reminder that today is ____ 1, and rent is due.” Add a warning about late fee if contract allows. Do not threaten a late fee if it is not in the contract. Do not escalate tone or get into personal attacks. Move to written communications if you are getting nowhere. Keep good records of all your interactions. If you decide to renew, add a late fee to the next lease. If you just can’t stand it, give written notice of nonrenewal consistent with your lease terms (even if writing isn’t required), but be prepared for risk that you may have to absorb a vacancy. This is maddening, but if you are getting rent every month, not worth legal proceedings.
My current landlord asked for a letter from my employer stating my salary and how long I’ve been employed with the company along with what I think were copies of something tax related. He didn’t ask for W-2s.
So you accepted a W-2 as proof she could pay rent??? People buying brownstones and becoming landlords really need to learn some things. maybe read “Landlording For Dummies.”
A W-2 is no indication of the ability to pay in the future. it does not mean that she actually even has a job currently.
Your passive/aggressive approach is what got you into this position.
I didn’t know there was such a thing…lol
I didn’t know there was such a thing…lol
Im a licensed process server who serves tons of landlord and tenant petitions and notice of petitions.
You can try to navigate the process yourself first preparing her a notice to vacate and then the notice of petition and petition. Im going to tell you now that the housing court is the most messed up part of the courts you will ever see. It defies all logic.Couple this with the fact that the court is pro tennant, and it will go out of its way to keep a tenant in the apartment. Id sit down and have a talk with the tenant and id also tell them in writing that as of the end of the lease you want them out and youre selling.That is going to be the easiest way and the only way you will have any prayer or getting this person out. You will have to start a hold over if she doesnt get out then and she will still get six months or a year to get out after you do this. Most attoneys will not even deal with the disaster in housing court.
“If she has a lease, tell her you are not renewing”
Wait until the last possible legal moment to do this. Non-regulated is 90 days out I think. Check your lease. You do NOT want her to begin doing other negligent things out of spite (running up your water bill, hot water, etc)
Hey you never know.