Tenant changes rent due d
Click here for Top Ten Discussions. CLICK HERE for Q & A Homepage
Receive Free Rental Owner Updates Email:  
MrLandlord Q & A
     
     
Tenant changes rent due d (by Kitty [AL]) Oct 7, 2022 8:31 AM
       Tenant changes rent due d (by Roy [AL]) Oct 7, 2022 9:13 AM
       Tenant changes rent due d (by Jim in O C [CA]) Oct 7, 2022 9:18 AM
       Tenant changes rent due d (by Ray-N-Pa [PA]) Oct 7, 2022 9:53 AM
       Tenant changes rent due d (by Kitty [AL]) Oct 7, 2022 10:15 AM
       Tenant changes rent due d (by Kitty [AL]) Oct 7, 2022 10:15 AM
       Tenant changes rent due d (by Kitty [AL]) Oct 7, 2022 10:15 AM
       Tenant changes rent due d (by S i d [MO]) Oct 7, 2022 11:08 AM
       Tenant changes rent due d (by Robert J [CA]) Oct 7, 2022 2:30 PM
       Tenant changes rent due d (by Hoosier [IN]) Oct 7, 2022 3:49 PM
       Tenant changes rent due d (by plenty [MO]) Oct 7, 2022 5:22 PM
       Tenant changes rent due d (by MikeA [TX]) Oct 7, 2022 8:17 PM
       Tenant changes rent due d (by Roy [AL]) Oct 8, 2022 7:38 AM
       Tenant changes rent due d (by BRAD 20,000 [IN]) Oct 9, 2022 3:43 AM

Click here to reply to this discussion.
Click Here to send this discussion to a friend

Tenant changes rent due d (by Kitty [AL]) Posted on: Oct 7, 2022 8:31 AM
Message:

I would like some advice please. I have a tenant who can't afford her apartment. She's rented for over a year and always a week late. Last month she didn't pay until the 21st because of car repairs. I that would put her behind fir this month and from now on. Would you give her a 7 day notice to pay which she said she has no way to get monies or just give her a 30 day notice? We are an LLC so we are required to use an attorney. --97.80.xxx.xxx




Tenant changes rent due d (by Roy [AL]) Posted on: Oct 7, 2022 9:13 AM
Message:

Kitty,

I am an LLC too but I file for evictions as a 'sole proprietor' just so that I can do my own evictions. Technically, I am a sole proprietor LLC. It is just a simple 1-page form with check boxes for your filing status. Just check 'sole proprietor' and you will be fine. I have nothing against using an attorney for evictions. Hire an attorney only if you feel more comfortable with that.

I would send your tenant a 30 day notice to vacate if I thought her financial/money management problems would never get any better. I post 7-day notices for any tenant who I think is worth keeping . --71.207.xxx.x




Tenant changes rent due d (by Jim in O C [CA]) Posted on: Oct 7, 2022 9:18 AM
Message:

7 day notice. While you are waiting figure out how your screening let her get accepted? Did she have a friend pretend to be her landlord, didnít get at least 6 months verification of rent payments and the date, and 2 months bank statement?

Why did she move? --174.243.xxx.xx




Tenant changes rent due d (by Ray-N-Pa [PA]) Posted on: Oct 7, 2022 9:53 AM
Message:

I would issue the pay or quit notice first.

After they get caught up, I would offer them a weekly payday payment plan - which should help both of you. Of course the weekly plan is more expensive than the monthly payment system but for some people they just routinely pay late. You are trying to provide a reasonable accommodation in the eyes of the court. Most of these tenants do wash out.......and frankly in this market place, I would not be tolerating too much of the late paying as the tenant pool is huge....granted most of them are non-quals, but this is a numbers game.

The exit should be crossing your mind as I am rather sure it also crossing your tenant's mind. Getting possession without an eviction is going to save you money and save the tenants from having a huge RED X on there record. In Pa these stay for life. The more you sell the idea of win-win to your tenant, the cheaper you can arrive at a solution. --24.101.xxx.xxx




Tenant changes rent due d (by Kitty [AL]) Posted on: Oct 7, 2022 10:15 AM
Message:

Roy- if I do the 30 day under sole proprietor and the tenant refuses to move can I still do the other paperwork and represent myself in court without an attorney since I have an LLC? I know once I give her a 30 day notice she won't pay anything. She will need that money to move. Can I file a Small Claims under sole proprietor or will it be kicked out without an attorney? --97.80.xxx.xxx




Tenant changes rent due d (by Kitty [AL]) Posted on: Oct 7, 2022 10:15 AM
Message:

Roy- if I do the 30 day under sole proprietor and the tenant refuses to move can I still do the other paperwork and represent myself in court without an attorney since I have an LLC? I know once I give her a 30 day notice she won't pay anything. She will need that money to move. Can I file a Small Claims under sole proprietor or will it be kicked out without an attorney? --97.80.xxx.xxx




Tenant changes rent due d (by Kitty [AL]) Posted on: Oct 7, 2022 10:15 AM
Message:

Roy- if I do the 30 day under sole proprietor and the tenant refuses to move can I still do the other paperwork and represent myself in court without an attorney since I have an LLC? I know once I give her a 30 day notice she won't pay anything. She will need that money to move. Can I file a Small Claims under sole proprietor or will it be kicked out without an attorney? --97.80.xxx.xxx




Tenant changes rent due d (by S i d [MO]) Posted on: Oct 7, 2022 11:08 AM
Message:

Kitty, you need to figure out if you can really get away with filing as a sole proprietor. My understanding is you cannot, but LLC laws work differently in different states. In my state, the LLC is a separate legal entity, which is how the liability gets limited to just what "the LLC" owns instead of all my stuff. If I were to represent the LLC in court, I would be practicing law without a license. A judge would throw the book at me for that. Find out the real answer: this isn't something you just trust a bunch of friendly folks online to know for certain what is 100% correct.

All that said, the water is circling the drain. "always a week late...21 days late" are not acceptable and are only going to get worse.

I'd offer her the option to move out in 7 days and you won't evict. If she refuses, then file the eviction. It's not a lot of time, but you can't really wait any longer. She knows it's coming, but you'll need to light a fire under her to ensure this doesn't go on into November, which it will if you give 30 days notice.

--184.4.xx.xx




Tenant changes rent due d (by Robert J [CA]) Posted on: Oct 7, 2022 2:30 PM
Message:

In Los Angeles we have to accept late payments if they were a current tenant when we purchased the property and that was their "rental payment history-always being late". Not such a bad thing, if:

The tenant clean, kind and takes care of their rental -- an inspection once every six months will confirm this.

Instead of becoming an enemy, working with a tenant isn't the worst thing in the world, so long as you have a large deposit.

You can ask the tenant to make bi-weekly payments instead of one lump sum. This may help them say on track.

--47.156.xx.xx




Tenant changes rent due d (by Hoosier [IN]) Posted on: Oct 7, 2022 3:49 PM
Message:

I'd file 30 day notice, and do not accept any partial payments or it may delay the eviction. --99.92.xxx.xxx




Tenant changes rent due d (by plenty [MO]) Posted on: Oct 7, 2022 5:22 PM
Message:

So you are waiting for a person with money to pay rent. Um. Hire a lawyer and take a step back. --172.56.xx.xx




Tenant changes rent due d (by MikeA [TX]) Posted on: Oct 7, 2022 8:17 PM
Message:

If it were me, I would be having a discussion with the tenant and straight up tell them that clearly they can't afford the

rent and that you can not allow them to stay in this circumstance with rent getting further behind. They need to be finding alternate housing. Then simply post the cure or quit notice and proceed with eviction. Who knows, she may be able to find a support organization who will foot a month of rent if she presents the eviction notice to get her current. That may fix it for a while but if she is not managing her money well she will be right back in the same situation in a few months. --209.205.xxx.xx




Tenant changes rent due d (by Roy [AL]) Posted on: Oct 8, 2022 7:38 AM
Message:

Kitty,

After appearing in court in front a judge for over 20 evictions in 16 years,..one thing I have noticed is that judges don't really care about what your filing status is. Judges only care when someone else wants to make an 'legal issue' over your filing status which I have never seen once.

When I file for an eviction and pay court costs to the clerk, there is that one form with check boxes where you declare your filing status by checking one of the boxes. I always check the sole-proprietor box and not the LLC box. No one in the clerk's office (county paper pushers) care to verify my filing status. Again, no one gives a S*#t.

I prefer to do my own evictions since 99% of my evictions are nothing more than pushing 3 sheets of paper through the legal system. I have had one eviction to backfire on me and the judge threw it out on a technicality, but that had nothing to do with my filing status. --71.207.xxx.x




Tenant changes rent due d (by BRAD 20,000 [IN]) Posted on: Oct 9, 2022 3:43 AM
Message:

Kitty,

Late payers are perfect candidates for weekly rent. Divide the rent by four and add $10, due every Friday.

This will be easier for her and you will make an extra month of rent in the process.

People are not paid by the month so why do landlords demand the rent be paid by the month? The people don't have the money.

Also, why are you waiting and hoping she pays? Put her on auto draft.

Again, this will help her stay on track.

BRAD --73.103.xxx.xxx



Click Here to send this discussion to a friend
Report discussion to Webmaster


Reply:
Subject: RE: Tenant changes rent due d
Your Name:
Your State:

Message:
Tenant changes rent due d
Would you like to be notified via email when somebody replies to this thread?
If so, you must include your valid email address here. Do not add your address more than once per thread/subject. By entering your email address here, you agree to receive notification from Mrlandlord.com every time anyone replies to "this" thread. You will receive response notifications for up to one week following the original post. Your email address will not be visible to readers.
Email Address: