Re: HELP!! Should I evict lease option tenant? - Posted by Jim FL
Posted by Jim FL on April 11, 2002 at 23:24:26:
Amy,
Eviction is NEVER fun.
But, if you do this business long enough, you WILL have to do them at some point.
I also know it is hard to tell someone they must leave the place they live in, and even worse when you have to take them to court to force the issue.
Feels not so good some times.
But, this is a business, and you MUST treat it as such.
Trust me here, should you be soft on a tenant once, they will take advantage of it more times than not.
I personally have a zero tolerance policy when it comes to paying the rent.
I was not always this way, but a few evictions, some lost profits, and damage to my houses has changed me to be the way I am now.
I make it clear to all who sign into one of my houses that we have a “Zero tolerance rent payment policy”.
This means that rent is due on the due date, and must be in my office no later than 3 days after that.
Post marked by the due date is NOT on time.
I tell my T/B’ers that when/if the rent is late they will be served a 3 day notice to pay or leave on the fourth day.
Should they not comply, we evict and they lose their earnest money.
I have an unwritten policy as well.
The FIRST time a T/B’er is late, they are served the three day notice, and also given a letter from me re-explaining our rent payment policy, and are told in this letter that this will be the ONLY time I remind them to pay the rent.
I quote the agreement in the letter about rent due dates, late fees etc.
Should a T/B’er be late again, they are merely served a three day notice.
When/if they do not comply, we file eviction right away.
Bottom line, protect your asset.
Does this mean that I collect late fees 100% of the time when rent is late?
No!
I also make it clear when signing, and with the first/only late payment letter that the T/B’ers CAN call me to discuss.
I’m not a tyrant, and will listen.
Example:
One T/B’er called me on the 4th, from out of state.
She had to fly out on very short notice to tend to a sick relative.
She called me from there stating that she had been there a few days longer than expected, would be returning in 2 days and apologized for not paying.
She called me to ask how much the total would be with late fees due?
Since she was coming right back, I VERBALLY agreed to take her rent, and disregard late fees this once, due to circumstances.
She called me, and this is what got her a break.
Had she not called, she would have found the three day notice on her door, and an eviction filed against her when she returned.
I’m glad she called, saved me money, and she is a GREAT tenant.
So, don’t be too harsh, but do not be soft either.
Make it clear from the get go what is expected from each tenant, and then stick with it.
As for the problem you have now, seems to me that you have made an effort here, and the T/B’er has dropped the ball.
Serve them a notice NOW!
If they have the money, or a way to get it, this will force their hand.
If not, you evict and get rid of them before the problem becomes worse.
This will really save you and them by getting it over with now.
Hopefully they will pay you, rent and late fees, and never again be late.
But, cover yourself just in case.
HTH,
Jim FL
but he told me that he would call the post office blah blah blah, then he would cancel the check and write me a new one tomorrow.