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Should I evict someone if they only paid a portion of their rent in December?

I would hate to have to evict someone around the Holidays, but I have tentants that have only paid a portion of their rent and won't return my phone calls. Rent is $1350.00 with a $100 late fee after the 3rd. They gave me $1000 on the 12th.

I don't think they are not the best with their finances....they have a lot of new/used toys they have bought over the past several months. In the past they have only been a few days late on rent and I am concerned that they might become worse. I know they let most of their utilities go until they are about to be shut off and then pay them.

The fact that they won't call me back makes me wonder when I will get the remainder or if I will get the remainder. It could take several months to get someone out in California. Should I start now?

Answer Question

Asked by deedee747 at 11:35 PM on Dec. 17, 2009 in Money & Work

Level 1 (0 Credits)
Answers (17)
  • I would send a certifide letter stating what you can do legally and let them know they need to contact you immediately. I would not let them get away with this you have bills to pay and probably a mortgage on the property. The fact they are not answering or returning your calls says a lot about them. They are living there they owe you the money if there was a money issue they should have contacted you and you could have worked something out or they could have sold something so they could pay the rent. Give a tenant an inch they will soon be living there rent free. I would do something and not feel a bit of guilt about it.

    Answer by Anonymous at 11:39 PM on Dec. 17, 2009

  • I agree. Send a Certified letter and give them a contact- me- no- later- than (date) to make arrangements to pay the unpaid portion of the rent for this month plus late fee. Renters get nervous and embarrassed but many landlords will work with them if they just contact them. My dd had to make payments for her rent this month. Her landlord understands times are hard.

    Answer by admckenzie at 11:43 PM on Dec. 17, 2009

  • I've heard of a lot of people not paying 100% of bills in December (mostly in order to buy Christmas gifts) and then playing catch up when they get their tax return.

    Anyway you did get $1000 so they are only $350 short plus $100 late fee right? How long have they lived there? How often would you say they are late? Do they take care of the apartment?

    I personally would start the ball rolling on eviction just to let them know that you are serious. If you can get them to agree to pay the rest of the rent plus the late fee at a reasonable time, then you can stop the eviction.

    Part of being a landlord is sticking to your guns. As painful as that may be.

    Answer by Anonymous at 11:46 PM on Dec. 17, 2009

  • Just give them some time. They may not be answering the phone because they are embarassed to tell you that they don't have the rest of the money. If they've been good about paying in the past, they might just be struggling this month.

    Answer by BaisMom at 12:10 AM on Dec. 18, 2009

  • I have rental properties, I do NOT accept partial payments. For this reason. Did you right a receit and say the still owe you so much. You need the type up a letter and tape one on the fence, garage door, front and back door and keep one for yourself. Eviction for nonpayment of rent. This usually get's them knowing you are not messing around and they will pay you. Guess what it's almost January then what? Same thing all over again. People don't realize this is a business and a mortgage has to be paid. So if you don't pay your rent your landlord is also late for the mortgage. How much time do you think they need BaisMom? If you don't pay your rent you don't have a place to live.

    Answer by Anonymous at 12:29 AM on Dec. 18, 2009

  • i have to agree with baismom. i know that you have the mortgage and bills to pay, but they're probably struggling and are ashamed. Ive been through that and it is very humiliating when you are unable to pay your rent on time. gl

    Answer by Anonymous at 12:31 AM on Dec. 18, 2009

  • The renters have lived there since June of 09. They have been late on the rent 4 times mostly a few days. I waved the late fees a couple of times for them. This is the latest they have been on paying rent. 

    The house is not too bad, a lot of laundry laying around the house, but not actually dirty. But they recently got a dog as of last month that pees on a mat  which could be bad for the new carpeting and wood floors just put in. She left me a message stating she was getting rid of the dog, but ? I never received a deposit for the dog or was told they would have a dog...


    Answer by deedee747 at 1:08 AM on Dec. 18, 2009

  • After reading your last post I would evict them. Does it state in the lease if they could have a dog? They are taking advantage and I would not cut them any slack. They can afford to buy a big dog they can afford to pay you all their rent. I would post stuff all over their property so they are embarrassed enough they do contact you. Next month they probably won't pay you anything.

    I evicted 4 tenants in the last three months all for non payment two actually made partial payments but they all left me in a bind. I lost my job and my rental income is all I have to live on. They don't pay I can't pay the taxes and insurance on the properties, pay my bills or eat. So I evicted and leased to family who needed a place. I am getting a bit less in rent but at least they will pay. I feel no guilt when I have to evict people give you no choice sometimes.


    Answer by Anonymous at 2:13 AM on Dec. 18, 2009

  • i would post an eviction notice, not file on in courts but i know here in florida it is the standard process that first the landlord must give the tenat an eviction notice not through the courts, if they are not out in that time then it goes to the courts, but post the first notice for starters it gets the ball rolling if needed, at the bottom of the notice write a note stating that if they contact you before the notice is up (usually 3 days) yu maybe able to work with them but you need to hear from them for that to happen, i might say give them more time if they had been there for a year or more and where always on time with it, it is christmas and i know for me having a place for my kids to live is more important then gifts, but sometimes people get their proirities alittle mixed up, i dont think you should feel bad about doing what you need to do, they may be embarassed to tell you they dont have it but it doesnt matter

    Answer by mommie2twogirls at 5:32 AM on Dec. 18, 2009

  • you need to know when you will have the rest of the money, in the future i would not let the late fee slide, if they are late charge them the late fee plan and simple, varify they have gotten rid of the dog and if not send them a certified letter stating either the dog goes or they go, if you allow pets with a deposit then either the dog goes or they pay the additional deposit or they go, sometimes you cant be the nice guy when it comes to stuff like this just remember they chose to not pay their rent you didnt make that choice for them. if they are the type that always lets their bills get cut off then my guess is they cant afford the house maybe they need to go

    Answer by mommie2twogirls at 5:37 AM on Dec. 18, 2009

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