I have a problem that perhaps someone on the forum can help with. I own a small rental house, $300 a month and they pay utilities. About a year ago the family (brother and mother) of a friend of my wife moved in. When they moved in the place was a bit rough from the previous tenant. The guy really helped clean it up and make it look better. For all his work, and the fact that the garage is not included, I gave him a break on the deposit and a months rent. Yet, over the last year I have probably received only a third of the rent. He was coming by and making partial payments and since he was keeping it super clean and in repair, and as I thought he was really trying, I let it go. Currently, he has not paid anything since late February, early March and is something like $2000+ behind. My wife has been pushing me to do something. Two weeks ago she called and told them that we really needed to get some rent for the place. The guy called me back and told me he would be down in two weeks and give me some rent. Well, the two weeks was up Friday and no word from him. I hate the thought of throwing someone out. There are four people living there now, the brother and mother, and now another brother and a sister. I suspect that only one or two are working and I know that with utilities and all it can be hard to get by. But I am getting to the point that I really need to get some income on the place. It needs a new roof and taxes are due soon. Like I said, I really hate the thought of throwing someone out. I have had some very hard times myself and know what itâ??s like. Perhaps I was stupid for letting it go this long, but I liked the guy and he was really keeping the place up at a time when I was very busy. Maybe they are taking me for a ride, as my wife says, but then again maybe not. Like I said I know what itâ??s like to be going through hard times. Maybe I feel a little guilty because I have been there myself. When I spoke to the guy on the phone I tried to be as nice as I could but I felt like one of the collection agencies we all complain so much about. So, my question to the forum, anyone know of a nice way to go about this. A way that will not leave me feeling like a complete ass. Is there anyone that perhaps has a nice eviction letter I can send the guy? Perhaps this all sounds silly to you but it is really causing me some turmoil.
You may get better answers to your question here . By being a nice guy, you may have caused yourself a load of headaches, depending on what state you are in. Wish I had some answers for you, good luck. Gib
mike101, He needs a notice to pay or quit. In a nutshell, pay what you owe or move. Here's a great site and helpful message board for landlording: http://www.mrlandlord.com/ The format depends on the state and here the forms are available at the justice court. There are links on that site to your state laws. Good luck to you. Sassy
Since you seem to feel sorry for the guy, I would work with him to set a reasonable deadline to start paying rent. Forget about the arrears, I doubt he could come up with that. If he doesn't keep up his end of the deal, cut your losses and throw him out. I had a similar situation a years ago, and I wish I has done something like this. -Cliff
Nice, ok I can do nice, lol You could include the arrears in a promissory note and have him make payments on that in addition to the monthly rent amount. They have to be separate though to keep your butt covered. You only limit your own rights if you don't do a notice to pay or quit when it's timely, because you have to give the state mandated timeframes. You can't just cut your losses and throw them out, no matter where you live, there's still a process and timeframes that you have to follow. Sassy
Thanks sassyinaz I went there and did some posting, no answer yet but did check out some of their legal links. Apparently, as I understand it. I have to give him 5 days notice to pay the rent. If he does not pay within the 5 day peroid then I must give 30 days notice that he must leave the property. Yes Round lake, I doubt that I will ever see any of the back rent and see no point in trying to collect it as I do not think he could pay. I really need to get this property to bring in some income. I would be willing to work with the guy but starting to think that my wife is right and that he is taking me for a ride. I'd like to think that that is not the case, I know what it's like I've been there myself. I think that if I have not heard from him by tomorrow night I will compose as nice a 5 day notice as I possibly can, explain that I really need to get income coming in on that property to help offset the taxes and repairs that must (insurance company is insisting on them) be made. If I do not hear from him within 5 days I will send the 30 day notice. This is not an easy thing for me to do and I feel awful. I'm not sure what they will do or what alternatives they have.
I may try sassyinaz if the guy is willing to do that. If he would just start paying the rent I'd forget about the amont past do. The thought of putting this guy, and his mother (age 65-70 but apparently in good health) out sickens me. I guess to be honest, I know it needs to be done. Yes, I do feel sorry for the guy but I do not think he will pay. In addition to his mother and himself, he apparently has a brother and sister there as well (that could be a problem with city ordiances as it is only a 2 bedrrom) and it seems that between the 4 someone could do something. I'm starting to feel like one of those damm CA's and do not like that a bit. maybe I'm just not cut out to be a landlord.
Dear Mike, If a renter etsablishes a "habit" of being late that you tolerate you'll lose your rights in court. It's perfectly obvious that you "really really hate the thought of throwing someone out". LOL I fear if you don't figure this out quickly you'll be out some serious money. In some states I hear it can take a year to evict someone. Your responsibilty is to YOUR family not your families family. Since your wife is on your side it should be easier. In my opinion it's a seperate issue. There's family then there's business and sometimes it's not a good idea to mix. Unfortunately some people know that. Your brother in law knows that you REALLY REALLY hate to the thought of throwing someone out. I bet if you had a man to man chat with him and explained that this situation will no longer have YOUR family in a bind and then follow up with paperwork, he'll have to understand. It's very weird and I bet PhsycDoc would agree with me on this. When it comes time for the free lunch phenominon to come to and end, people who use other people seem to understand it and they graciously move on to someone else. Keep us posted,
The guy did come through with 2/3's of the rent today. I was not home, he gave it to daughter, so I did not have a chance to talk with him. Said he would be back later, apparently later this week, to pay the rest. Yes, I just discovered that I could have some problems because of the partial payments. Sorry, I realize that I must have sounded like a broken record but it is upsetting, to me at least, to have to consider evicting these people. It's been a hard decesion for me but if he does not pay the rent he will have to go. By the way, he's not my brother in law, sorry if I was not clear on that.
mike101, I'm thinking your tag line isn't very befitting of you, LOL, especially in this matter. I'm glad you're comfortable with your decision, that it wasn't easy for you to make speaks to your character. Sassy
