Tenant Not paying...should We Evict?

I would really not be agonizing over this. In some states it can take a year or more to evict and are you really willing to not get paid for that long?

4 months with no attempt to pay?! Sorry, seriously they have got to go. Help another family who has children that are willing to work.

yeah, im a sucker just like you, we are landlords and are owed plenty of money for various things, all the time. I would give them a set amount of time to come up with at least half of what they owe and if they dont start the process, yes evict.

and thats being super nice.

Any rational person would feel bad about evicting a family. That DOESN'T mean it's the wrong thing to do. It just means that you're an intelligent human being and can connect the dots. You're going to feel bad. It's not going to be fun or to feel good. That's not going to change UNLESS you let it go on for so long that you end up angry at them instead (like them trashing the place, or an emergency in your own life that you can't take care of because of the lost income). If it's worth it to you to give them enough rope to hang themselves (aka wait until you don't feel bad because you're so angry), then go ahead.

Otherwise, it's time for the deep sigh, and following through with your contract.

You're already out $1600 + several hundred in cleaning fees. Probably about 2k at this point, um, I'm wrong... if you have a 30-90 day eviction process (don't know about Tx) it could well be 4k before you're done. Which is a quarter of college for your children, downpayment on a car, braces, a family vacation. You could go another 4 months, or a whole year... but unless you are independently wealthy... those thousands of dollars WILL add up and become something to be upset about / become about the money the next time things get tight, or a kid needs braces, or someone dies and you need to fly somewhere quick, or one of you loses a job, or, or, or.

My suggestion would be, if you really don't care about the money DO "rent" it for free to someone you care about and want to help out... instead of people who are using you.

Here is what I would do.
1. write a demand letter (Dear x, we rented the property located at x address to you on x date with the agreement that you would pay x dollars per month. You paid rent from x date to x date, but we have not received payment for the months of x, y and z. We request that you provide payment for months x, y and z, totaling x dollars immediately and no later than x date. Sincerely, x)
2. start the eviction process and have the papers ready on the date you gave them to provide you with the money

why such immediate action? because by letting this go you are establishing a pattern of acquiescing to late or non-payment of rent. plus, you still have responsibilities as the landlord - you must maintain that property. how are you going to feel when they call and tell you the fridge doesn't work and needs replacing? how generous are you going to feel then?

Acquiescence is one pattern to avoid, but have you thought about when squatters rights start kicking in? Eek.

P.S. - you are not a bad person for protecting your property, which includes the money you are owed. If you want to establish that place as a charity, go ahead, but get the proper insurance to protect yourself and your assets.

We owned a rental property for a bit and we let our tenants "slide" for December because they had just had their fourth baby and were running short on money before Christmas. HUGE mistake! They then stopped all contact with us, and even put in a civil suit against us for harrassment because we went to the house and knocked on the door once a week after they had skipped two months rent.
They spray painted a trailer in the driveway and the overspray hit the neighbor's car and we had a permanent outline of a trailer painted on the driveway. They left trash all over the back patio to the point that neighbors were calling us complaining about the smell, and we had to keep reassuring everyone that we were in the process of evicting them. Six months later (of no rent remember), they were finally out. They didn't leave until the day the cops showed up to escort them out.
They left behind holes in the walls, trash in the garage that had maggots living in it, $14,000 worth of damage to the carpets, screens, and walls... and disappeared into nowhere land so that our judgement from court was never paid to us. The whole amount came out of our pockets with a "sorry, that's the risk of renting out your house" from our lawyers (lets not even get into the cost of the lawyers!).
Get these people out NOW, and do not feel bad about it. Of course I feel sad for the four children of the people we evicted, they had to live in that nasty dirty house, with parents that were scam artists... but we couldn't rescue them just by letting them continue to live rent free, that wasn't really helping anyone. I wished we could have found out where they went so that we could call CPS and have the family investigated for neglect, but that wasn't a possibility.
Kick these people out, and make them earn their living like the rest of us.

Besides the fact that they are taking advantage of you, maintaining a good relationship with the neighbors to your rental homes can be invaluable to you as the landlord. It sounds like they would be more comfortable if this family left.
Evictions take a long time so they'll have plenty of time to think about where they will go next. There's only so much you can do for people.

When I was a kid, our landlord helped us out by keeping rent low and taking installments, but the difference is mom kept paying and didn't just ignore her. Further, she didn't ask for other favors (like housecleaning jobs or rides).

I think that any rational person would feel badly about evicting them, but I would give them notice that you are thinking about it, give them a chance to pony up and if they don't by a specified time (like next month) and make a payment plan for the months prior, they should be looking for somewhere else. Giving them another shot is only possible for you because you can manage w/o the $400. Friends of ours are landlords with 6 properties and had to evict 2 this past year for non-payment. It's tough all around. Unlike you, they couldn't wait longer. They had to try to get new renters before too many mortgage payments came due.

I also think that if you have other people in your life that might be more appreciative, then all the more reason to move these people along and help someone else.

Please stop feeling bad. You need to start proceedings immediately, because according to the laws of your state, they could be there for many more months, and that is just more time you have not getting paid. They will just have to go mooch off of someone else, like family.

No more agonizing. They need to take responsibility for their circumstances. You have been more than patient.

Dawn

These people think you are suckers, and they are taking advantage of you. They are taking you for a free ride!! Do NOT agonize over these leaches.

Start the process NOW.

You may need to evict them sooner or later (it takes a while). I imagine they are embarrassed to talk to you. I don't know what social services are like in your state. In my state there is a homelessness prevention program through the welfare department that can sometimes pay a few months back rent to prevent an eviction. If the family is eligible for social services maybe there is something like that in your state.

They should have paid what they could and communicated with you. You should evict them unless you feel let to give them a free place to stay. It sounds like you feel they are taking advantage of you.. I'd evict in that case.

We've had tenants fall behind on rent and not even know how much they owe. We've worked with people to try to get them to pay it off and you can see if you can work out something like that, but you will have to make it very clear (in writing if possible) that if they don't adhere to the agreement, they will be evicted. You will give them this one chance - after that, it's their problem and their responsibility, not yours. One of our tenants right now is paying rent weekly and has the money direct-deposited into the account - it's the weekly rent plus an extra $50 until they get caught up. That is what they had to agree to, otherwise we would have started the eviction process.

Seriously? You can afford to have a place being lived in and not paid for four months??? If you have unemployed relatives that you can help - then do that.

Yes. EVICT them. They are taking advantage of you. You tried helping her in the past - she didn't do a good job so why prolong the inevitable?

I don't know what the laws of eviction are in Texas, but I would start the proceedings and get them out.

HI. As hard as it may be I say put them out. It's one thing to be on hard times and not be able to pay your rent as you should but another to take advantage of others generosity, and that's what it sounds like they are doing. You are not helping anyone by allowing them to stay. The free loading and begging all sound to me like they have no intentions of supporting themselves. I think it's admirable that you try to help them work off their rent, but as you stated you know other ppl who you can help and who probably wouldn't take advantage. Its hard im sure b/c of their children but honestly what they are doing and how they are living is not good for their kids anyway. Some ppl just need that extra push, maybe if you let them know that you are starting the eviction process they will get their act together. Either way you would have done all that could be expected of you. Some ppl need that harsh reality of an official eviction notice to do right, if they do you can always cancel the eviction with the courts. Good luck

I would start the eviction process and see how it goes. It is not like you can kick them out quickly so start.

You need to start the eviction process now!! It takes a long time to get someone out of your house. Matter of fact, they have rights now and you have to give them notice to vacant YOUR house. My mom had a squatter - moved into her empty house when she moved to another state. My mom ended up removing the doors and taking out all the fuses. They finally left after several months and destroying the house. These folks have got to go. Do NOT feel bad. They don't feel bad that they haven't paid you a dime in 4 months. I'm just guessing you will never see a dime from these folks and will have a great deal of repair work to do when they do final leave.

You made an agreement - Live in my house and you pay rent. Ask why they have not paid, have them make arrangement to pay and if they do not meet that new arrangement, send them notice to leave. If living there means that much to them, they will try to do something to stay living there, even if they have to borrow it.

I'm a fan of Dave Ramsey and I've heard him recommend that you offer the dead beat Tenants $$$ (say $200-$500) to be out "by the end of the week" (or month) he says in the long run it saves him money on the eviction process and lost rent. I always thought it was a great idea. and it made sense to me... if you wan them out fast, most deadbeats will take the money

good luck, if you have any question you can email me and I'll go into the details more if you want me to...

We have renters who often fall behind. Money seems to appear each time we send them a letter threatening to evict.

Holiday season is over. Time to evict.

Start eviction procedures now.
It might take awhile to get through the process.
Can you afford to just give your property away?
If they can't pay you rent they are certainly not going to pay property taxes.
They are going to have to go to social service or find help somewhere but they are taking advantage of you and they'll keep doing it for as long as they can get away with it.

T. in Texas the law is on your side and at most it will take a month to get them out. You must show that you have tried to contact them and provide a copy of Notice of Intent to Evict or Demand Letter.
Here is a website that can help.
http://www.ehow.com/how_###-###-####_file-eviction-texas....
I was an apartment manager for many years. I hated evicting people. But the law is the law, you can't live for free. I had to remove a mom and her kids on Christmas. It sucked!!
Good luck!
D.

Obviously they are now just using you. I mean, you got her cleaning jobs and she didn't go a good job? Evict them. It is not your responsibility to take care of them and their children.

Definitely follow the law and evict them with the correct process. Just because they aren't paying you and may seem not capable, they might sue you in return for kicking them out if you don't follow the law. Be careful!

Also, there are different laws (sometimes, for people, property, and cars). I had roommate move out, but she left her broken down car in my driveway. The law for her property that she left in my house said I had to provide 30 days notice. However, I had to provide 45 days notice on the car (this was in Virginia).

-L.

I think that before you start an eviction process, that you have to show that you've made an effort to contact and/or work with them to get the back payment. I am sure that they KNOW exactly how behind they are. Sit down and talk to them. Find out why they are behind. The fact that both parents aren't working is telling, but are they both not eligible for unemployment benefits? Are they not getting any income? There could be an illness in the family and the money is going towards money. They could be going to court and the money could be going to a lawyer. They could be drinking in away. Maybe its as simple as they can't work because they don't have a car. Maybe if someone were to donate a bicycle so that one of them can get to town, things would change. So first you have to find out the reason they are late.

Then, based on their answer you can better decide how you feel about going ahead with eviction procedures. Depending on the answer, let them know that you have a family member that is interested in living in the house and that if they are not able to pay rent anymore that you'll have to ask them to leave and let the relative move in.

After one month past due, you should of taken action. Your lease agreement should give a small window of maybe 5 days, and you should begin with formal paperwork, ie "breach of contract"
We have neighbors going through this. If you let one month go by, you are allowing them to freeload and take advantage of you. It's the principal, morals, life lesson, to make these people be accountable. Best of luck.

You need to check the laws in your state. Do you have a lease with them or is it a verbal contract (month to month)? I have tenants that pay up to three weeks late every month so at the end of their lease they will be getting the boot. You should start sending letters now that the rent is behind and be sure to put in the letter how much is due. Send them certified mail so they can't say they didn't get them.
If they are this far behind I would just talk to them and ask them to move out and you will not sue for the back rent, most people will just go on their way. I had a tenant that got behind because of losing her job and I let her break the lease early it worked out better for both of us.
As a landlord myself do not feel bad for people that take advantage of you. You are not their friend you are their landlord so you have to treat it like a business.

She'd have to live their 30 years and pay the mortgage and taxes in Texas to steal the home through squatters rights. In California, it's only 5 years. But the squatter would have to pay the property taxes the whole time to claim title.

You really needed to start proceedings awhile back. I know it's hard and I would struggle too. That's why I've fought tooth and nail to keep my husband from aquiring rental property for us. Every time he wants to move, he talks about keeping the house we are in for rental. I would hate it.

The rest of us have to work and pay bills. What excuse do these people have? If I were in your shoes, I'd be there daily asking what they did that day, what job did they look for etc. I'd pick them up and drop them off at labor ready or someplace like that. I'd make such a pest of myself that they'd beg to leave.

What is the agreement about eviction stated in your lease? Start there.
You're not the Salvation Army, I get that. I would feel bad about evicting a family. (I have owned rental property and have found you're either cut out to be a landlord--or not.)

You know, if I didn't need the money, I might be very tempted to bless them with 4 months of forgiveness and another chance to start with a clean slate. And an agreement about what is expected when as well as an agreement about the future consequences.

If you don't mind supporting another family, which is what you are doing, then by all means, let them stay. However, I suggest you get them out now. Have you inspected the inside of the house? I can't afford to support another family, most of us couldn't. This is about personal responsibility for this family. They don't care but you need to. You own the property, it is an asset. Get them out!

I think it is time to ask them to move on ... I pains me to say it with kids involved but they have to help them selves.

Start eviction proceedings. It takes time to actually get people out of a rental. Find out the process in Texas.

Someone mentioned squatter's rights. Find out what they are in Texas. It could be that after a certain period of time they can stay there without paying.

At the very least, this family is getting aid from the state. If they were responsible they would arrange to pay something, if only $100/month or even less. Then you'd know that they were trying to manage. Actually $400 for rent is really low. They're lucky to be renting from you.

Sounds like they're not good tenants and are a bother to their neighbors. Have you inspected the inside to know if they are maintaining it in reasonable manner? You have the legal right to do inspection. You have to tell them when you're coming.

I wonder if you would benefit from some landlord training. I've seen our courts offer such a course. A community college may have one too. Or buy or check out from the library a book.

It's good hearted of you to be so accommodating but it's not in your best interest. You may not need the money but you can certainly use it. You have taxes to pay on the property and you will have upkeep to do.

we too have a rent house in the country. I told them and it is in the lease that they pay $ when late. After 30 days of not paying, including the fee, we file for eviction. They wil be paying all costs. they have never been late.

you need to tell them to pay you everything today. if they don't, file tomorrow.