Profile picture for thuypn

How do you evict tenant who does not pay rent? What is the most economical way of doing it?

I have never been a landlord but now plan to.  Besides checking potential tenant's credit, what else can I do to avoid if possible bad renter? 
  • January 29 2009 - Garden Grove
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Answers (17)

Profile picture for wetdawgs
I sure hope the OP solved the problem sometime in the last two years!
  • March 07 2011
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Check for eviction.  Credit is not as important than evictions.  If a tenant has an eviction on there record then they know the process and will probably be a headache. 

  • March 07 2011
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Do you need currently need to evict a renter or are you doing your landlord research?  Here is one of many websites you may find useful http://www.landlord.com/becoming_the_landlord.htm  Good Luck!
  • January 19 2011
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There is no easy way.there are attorneys that specialize in this area and is your best way to deal. When you rent property this should be figured into your expenses,as an investor you will have to deal with this issue from time to time
  • January 16 2011
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In addition to a credit check, we run a criminal background check, verify employment and call a reference or two.  You can also request an report that will tell you if the prospect has ever been evicted before.  The tenant-applicant pays a $30 fee when applying to lease a Property.  The fee cover the cost of checking credit & verifying the info they provide on the app.

  • January 13 2011
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Profile picture for Mazzystar2
Besides checking credit, go on your states circuit court access site to find about previous convictions, judgements ,etc.. Costs you nothing and helps avoid a headache of a tenant. You wouldn't want to rent to a drug dealer..at least not in my town because then you could lose the property if the city could prove it was a drug house. Another thing, sometimes young adults may have parties charging a door fee to cover the cost of beer (raising the months rent).If someone gets hurt, who is ultimately responsible? You guessed it! THE LANDLORD! Another thing, sometimes the neighbors AND the police don't notify you if the tenant is causing problem in the neighborhood.If you don't live in part of the building or have management that you can trust it can be a gamble.Try collecting a judgement on a bad tenant that you've evicted!
  • January 13 2011
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The best way is to act professional and try to give them an incentive to leave the property voluntarily. It is stressful, expensive and time consuming to evict a tenant. Plus you will never get your monies spent back and they probably will damage the house.

Offer that if they leave, like to move in with family or to a less expensive place, plus they help you to get a new renter by letting you show the property, and leave the property in good shape, you will refund their deposit and not put any marks on their credit and give them a good recommendation. 

If that doesn't work, get an attorney to file the eviction but still continue to try to get the tenant to leave voluntarily and leave the property in good shape. If they leave it damaged, you will probably lose another month of rent plus have to pay to fix issues - and you'll never get that money back.

To get good renters keep your properties in good shape and don't ask above market rents. Take a better tenant with better credit and offer them a better deal, like slightly lower rent, lease options for future years with small rent increases or other issues. Your best bet is to keep tenants as long as possible.

Good luck.
  • January 07 2011
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Profile picture for Gail Nyman
If you want to take care of it yourself, you can get the paperwork from the Court House and file for eviction and to to the hearing. But it is a lot more time efficient to siimply hire a local attorney who does evictions all the time and get them to do it for you.  You dont have to go to court and usually it does not cost very much because they are there all day anyway! Hope that helps. Gail Nyman Re/max United
  • January 07 2011
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Profile picture for HOPERanch

@ Louis Wolfson - You could not be morewrong when you stated, "Karen in most states its against the law to add for pets, smokers, water beds etc.  You open yourself up to a treble damage suit".

There is a thing called "addendum" which means you can tailor any standard rental agreement any way you the landlord needs to protect your investment.  If the renter does not want to follow your request then they do not have to sign the lease and move in. 

Always protect your investment and defiantly add in stipulations on pets, smokers, water beds etc.  Even most apartments will not let renters have water beds or aquariums on the 2nd and 3rd floors without expensive insurance.

Always Protect your investment!

  • January 07 2011
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Karen in most states its against the law to add for pets, smokers, water beds etc.  You open yourself up to a treble damage suit. 

As to evictions, Even the best tenants can go bad. 

Know what the state laws are, learn them and do evictions yourself.  It takes time, effort and its a pain, but it is more cost effective.  Go after the tenant for past due rents and have the judge attach their paychecks, even if its, 25 to 50 a week or a month.

 Most attroneys will cost you 500 plus and wont go after their checks, they just want theirs.

.
  • March 06 2009
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It's great you want to be a landlord. I've been at the tenant end for home and business and believe me, I would have preferred to have been at the landlord end.

I suppose you will have a rent collection system and contingency plans for when they do not pay on time. Eviction is a legal process called unlawful detainer. If you are not familiar with it, seek a lawyer's advice.

That said, just like the best way to avoid hospital costs is not to go to one, the most economical way of doing it, is not to do it at all. The best way to not do it at all is at the application phase- selecting the best renters. That's another chapter or book in the field of property management.

After the fact, try things before you get to point of eviction. Send them reminders, fine them for late payments, send them warnings, and try to work out a deal to have them voluntarily move out.

By all means be consistent in your policies and application of them. You want to habituate all the renters into what is expected, to pay on time, and that business is business.

You have a lot to learn so keep asking.

Charles Park
www.charleskpark.com
  • February 26 2009
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Profile picture for Xocai
Next time hire a property manager. Less stress and you don't have to worry about this sort of thing. They normaly charge around 10% of the collected rent but well worth it.
  • February 20 2009
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Profile picture for thuypn
Thank you for all your value inputs.  I sure will keep these posts and use them when I become a landlord.  Not so lucky with some short sale.  Bank approved my offer and then backed out to have the property in foreclosure.  I will keep looking.
  • February 09 2009
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Profile picture for J_Cruz
Offer to pay to move your renter somewhere else...say an apartment. You can even offer to pay for the first month's rent wherever they move. This may sound absurd to pay someone to move out who is not paying you to begin with, but believe me you will save a lot more money this way and won't have to deal with the legal issues. Plus it creates a win/win because you spend less money kicking them out (fixing the property), and the renter has little or no resentment towards you.

To weed the bad renters out it takes practice. Background checks are great, but not guaranteed. Unfortunately you have to practice reading people. Read their body language, and really look into who the person is. Other than that be positive. Believe you will find a great renter and you will. Our thoughts are powerful, so make sure you keep them positive. Take care of your renters (people), and they will take care of you. Hope that helps.
  • February 08 2009
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Profile picture for natewolf

You ask many questions, which each deserve their own posts.

1. Checking up on a potential renter. Credit checks won't tell you as much about someone as referrals. Call their last landlord. Find out about their job situation. Make sure they are employed, have a good work history, and are going to stay employed.

Ask for copies of their last year's rental payment history (even ask to see the checks-- to see if they pay on the first or on the 5th, or ???). It's not always that renters don't pay, it's also that they can pay late-- which can hurt some investors who are using the rents to pay a mortgage.

Ask for a significant deposit. And when collecting the rent, SHOW UP IN PERSON. Even if they need you to hold their check until the 5th, if you show up on the 1st to collect the rent you will make certain the property is in good condition, change the air filter on the a/c or heater, and make them pay you. Too many landlords are "hands off" and expect the check in the mail. Be proactive and train your tenants that RENT IS DUE. (in a polite way of course)

2. Evictions can usually be done through a Clerk of Court or Sheriff's Office in your county. You generally need to serve notice. So contact your local Sheriff's office and they can tell you the steps. These must also be spelled out in your lease.

3. Generally a week-to-week, or month-to-month lease is easier to evict, since there is usually less notice required.

I'm not giving legal advice. For legal advice, contact a local attorney.

  • February 05 2009
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Profile picture for Peter J Rogers
read some of thses boards and get an idea of what is involved.
http://community.lawyers.com/messageboards/board.asp?channelId=16&mbId=40
also
www.landlord.com
and for you and any other potential landlords reading this
YOU CANNOT EVICT FOR WHATEVER REASON WITHOUT A COURT ORDER.
If you do it will cost you a great deal of money.
  • February 05 2009
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Hi,

I would suggest you use a realtor, it's a small price to pay. Use the one who sells you the investment property, most of us will do that for free.

I have investment properties of my own...I run credit, and ask for the last year's cancelled checks for rent. I call the previous landlord and check the dates on the checks. Also make sure you have a decent deposit, add for pets and smoking and water beds or aquariums.

I always have 2 full months in reserves to handle vacancy. As far as evicting? I've never had to do it....but I would probably use a real estate lawyer. I know it's going to cost some money, but it's tricky and you don't want to do it wrong.


Karen

  • February 04 2009
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