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Question (by Al [MD]) May 20, 2019 4:53 PM
       Question (by Steve [MA]) May 20, 2019 5:14 PM
       Question (by DJ [VA]) May 20, 2019 5:46 PM
       Question (by AllyM [NJ]) May 20, 2019 6:36 PM
       Question (by Ken [NY]) May 20, 2019 6:57 PM
       Question (by Robert J [CA]) May 20, 2019 11:43 PM
       Question (by nhsailmaker [NH]) May 21, 2019 6:23 AM
       Question (by nhsailmaker [NH]) May 21, 2019 6:23 AM
       Question (by S i d [MO]) May 21, 2019 8:43 AM
       Question (by Oregonwoodsmoke [ID]) May 21, 2019 11:33 AM
       Question (by melinda [MD]) May 21, 2019 12:06 PM
       Question (by Vee [OH]) May 21, 2019 3:29 PM
       Question (by mike [CA]) May 21, 2019 5:49 PM
       Question (by mike [CA]) May 21, 2019 5:54 PM
       Question (by Skip [CT]) May 21, 2019 10:26 PM
       Question (by Skip [CT]) May 21, 2019 10:26 PM

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Question (by Al [MD]) Posted on: May 20, 2019 4:53 PM
Message:

Good afternoon family,

My Tenant has been late for Rent and when I informed her that I will file for Eviction, she said she will contact her Lawyer.

What is the best way to evict such Tenants even if they pay?

Any advice is helpful and I live in Maryland.

Blessings

--172.58.xxx.xx




Question (by Steve [MA]) Posted on: May 20, 2019 5:14 PM
Message:

If you're not familiar with your state's LL / Tenant laws there is a link on this page written in blue titled "Landlord/Tenant State Laws", I suggest that you start there.

In order for any of us to offer you some meaningful advice, we would need to know things like is this month to month tenancy, a term tenancy (usually 1 year), is this their 1st time being late, what does your rental agreement say about when the rent is due, grace periods, late fees, etc.

It's never a good idea to inform a tenant that you will file for eviction, just start the require non payment eviction process for your area. In my area the 1st step is to serve them a 14 day notice to quit for non payment of rent.

lastly it's never a good idea to take legal advice from a tenant. --96.237.xx.xx




Question (by DJ [VA]) Posted on: May 20, 2019 5:46 PM
Message:

Steve is right. In addition, I have to give a 5-day notice to pay. You need to know what your state requires. You must be in control, not the tenant.

Fine, let them get a lawyer if they want - they are probably just trying to scare / bully you. DON'T let them!

Adopt a policy of zero tolerance for late payment. Give written notice the very day that rent is late. Do not waver, do not shoe fear, be in charge.

So what if they get a lawyer or defend themselves? If they don't pay, they don't stay. As long as you have your facts straight and documented, you should be fine - but get an experienced eviction attorney to help you. Give all your information and documentation to him/her to handle it.

Search topics here, learn, come back & ask more.

--68.10.xxx.x




Question (by AllyM [NJ]) Posted on: May 20, 2019 6:36 PM
Message:

Tell her to hurry up and get the lawyer because you are getting one. That should scare her into paying. --173.61.xxx.xx




Question (by Ken [NY]) Posted on: May 20, 2019 6:57 PM
Message:

just start the process,if she gets a lawyer it will probably be a free one from legal aid and they are not very good anyway,if your paperwork is right you will win anyway --72.231.xxx.xxx




Question (by Robert J [CA]) Posted on: May 20, 2019 11:43 PM
Message:

When my tenants are late paying their rent, it is my responsibility to do the best for myself -- having the best possible outcome.

Eviction should be my last resort. Repairs, lost rent, showings, credit checks isn't too much fun!

So I have a "conversation" with my tenant. I ask them:

a) What is the reason for the hold-up in paying your rent on time?

Around half of the time we can find a solution. The other few that choose not to pay on time, have to be educated. They can:

a) Move out quickly and keep damages and cost to the minimum.

b) Get evicted and have a major ding on their credit reports that could effect their ability to secure a job, insurance rate will be elevated for those who have less than stellar credit.

After a talk, I'll give my tenant some time to think about things and get back to me -- usually a day or two. --47.156.xx.xx




Question (by nhsailmaker [NH]) Posted on: May 21, 2019 6:23 AM
Message:

Last one that said that to me ......I handed them my Lawyers business card and told them to have their lawyer contact mine.

never heard a peep again

If I had a nickel for every............ --24.62.xxx.xxx




Question (by nhsailmaker [NH]) Posted on: May 21, 2019 6:23 AM
Message:

Last one that said that to me ......I handed them my Lawyers business card and told them to have their lawyer contact mine.

never heard a peep again

If I had a nickel for every............ --24.62.xxx.xxx




Question (by S i d [MO]) Posted on: May 21, 2019 8:43 AM
Message:

Tenant: "I'm going to call my lawyer if you do X!"

Reality: Tenant binge watches last season's Judge Judy on Netflix because they KNOW there's something in there that says if the threaten a land lord with a non-existent lawyer it's state law that the LL has to back down.

*grins

All this to say your tenant is bluffing.

In my state there is no law that either says I can or cannot evict for late pays, nor have I ever done so unless late also comes with short payment. Short payment or non-payment is always a slam dunk win for me. Late pays would be a little more of a challenge. Hopefully a MD LL will stop by and chime in. Personally, though, I would call a local LL/tenant attorney to get the real answer from a Pro. --173.20.xxx.xxx




Question (by Oregonwoodsmoke [ID]) Posted on: May 21, 2019 11:33 AM
Message:

Did you tell her that if she doesn't want to be evicted, it will save her a lot of money to pay the rent instead of hiring a lawyer? --98.146.xxx.xxx




Question (by melinda [MD]) Posted on: May 21, 2019 12:06 PM
Message:

File. I have never regretted filing. After you have 3 judgments within I think 12 months, your fourth filing check the other box where you want them out and wont take the money. --24.233.xxx.xx




Question (by Vee [OH]) Posted on: May 21, 2019 3:29 PM
Message:

File when your court timing allows, the judge will settle this. --76.188.xxx.xx




Question (by mike [CA]) Posted on: May 21, 2019 5:49 PM
Message:

they have no lawyer. lawyers cost money. your first step is a demand for rent...after that GET A SPECIALIST EVICTION ATTORNEY AND LET THEM DO THEIR THING

one of my best friends is the guy that answers the phone for the largest prepaid legal plan in the US. he taught me to ask ANY lawyer that ever calls you "do you represent so and so, have you been retained". 99% of the time the answer will be no. if they are just "reaching out" they are not their lawyer and can be ignored. let them know you do not discuss the private matters of your tenants with unrelated parties and that when they DO have a retainer that you'll need that ON LETTERHEAD at which time you'll gladly take their call.

if you have not read and do not understand the lease you use get a lawyer to explain it. or a deeply experienced landlord. --76.176.xxx.xxx




Question (by mike [CA]) Posted on: May 21, 2019 5:54 PM
Message:

this is why i carve out or limit recovery of legal fees in my rental agreements...if a tenant rights atty sees that they lose their chubby real fast. in L.A. the shysters have taken landlords for tens of thousands in forced settlements KNOWING that they will have a shot at the asset. to get their fees guaranteed they take a lien on the attorneys fees clause that has the prevailing party awarded fees. when they see a limit on those fees they KNOW they will get nothing from the landlord OR the roach tenant.

eliminate that clause...castrate a lawyer --76.176.xxx.xxx




Question (by Skip [CT]) Posted on: May 21, 2019 10:26 PM
Message:

Mike-

Sorry carve out or limit recovery of legal fees? --71.126.xxx.xxx




Question (by Skip [CT]) Posted on: May 21, 2019 10:26 PM
Message:

Mike-

Sorry carve out or limit recovery of legal fees? --71.126.xxx.xxx



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