Hello Everyone,

I have a tenant who is late on a payment. What will be proper procedure to collect rent if not paid for month of November? Usually tenant has paid rent on time. This month it got rejected for online transfer. Now the tenant is not responding to calls, text messages and emails. How long should i wait before I start eviction. I haven't try meeting him in person yet. Yes I know that should be my next step. I am not sure when he will be in the apartment so I can see him. I just don't want to deal with an eviction and hopefully its only a one time thing. Appreciate you help here.

Hi JD! Welcome to a place we've all been before. I'm going to go thru your post line by line since I'm pretty sure you haven't been around here for very long, because most of us don't act this way. Here goes:

"What will be proper procedure to collect rent if not paid for month of November?" Your state may require a Pay or Quit notice to be posted before anything else can be done. Read up and find out. If still in doubt, call a local, reputable, land lord/tenant attorney. My state does not require P or Q, so I just send a text: "Rent?"

"Usually tenant has paid rent on time." That's usually how it begins...the drama of the deadbeat tenant. Most of them start out great. Some pay great for years, then...nothing.

"This month it got rejected for online transfer." Because they closed the account or have no money.

"Now the tenant is not responding to calls, text messages and emails." Not responding is typical deadbeat behavior. They play ostrich with you and stick their heads in the ground and wait to see how long before you take action.

"How long should i wait before I start eviction." You should not wait a minute longer. November rent is long overdue and your tenant knows it. Begin the formal process today that may require P or Q notice, followed by filing for possession.

"I haven't try meeting him in person yet." You should not do this. Bad idea and they will probably not answer the door anyway. Why meet in person? JD: "Hey Joe, you have not paid!" Joe: "I know." This accomplishes not. Joe already KNOWS he has not paid.

"Yes I know that should be my next step." No, this is NOT the next step. This is a NEVER DO IT step. The best that could be accomplished is he says, "I know." The worst is he could be pissed off an assault you. Professional land lords do not chase tenants for rent.

"I am not sure when he will be in the apartment so I can see him." Again, not an issue because you are NOT going to go see him in person. Professional land lords do not chase tenants for rent.

"I just don't want to deal with an eviction..." Evictions are part of land lording. The only land lords who don't deal with evictions are those who go broke waiting for money to magically appear. Professional land lords evict non-payers to reduce their losses quickly and find paying tenants.

JD - S i d has it spot on. I have nothing to add to the process. All I can say is we've all been there. It sounds like your fist eviction. One of the biggest mistakes I learned from is waiting too long to start the eviction procedure. It's a tough pill to swallow, especially when you're first starting out. You get what you allow, so start the process now. You might get lucky and have him out by the end of the month and possibly be able to rerent next month. This would only mean 1 month of lost rent. If you wait much longer, you'll be out Dec rent too.

You might be surprised too. I've posted several PoQ notices and the tenant ends up paying. It's kind of the "I'm not playing anymore" notice. My kids laugh when I say I'm going to go hang a phone call generator. The tenants that truly want to stay will call you, most of the time within 5 min (yes, hadn't even pulled out of the parking lot a few times). They are home, they just don't think you're serious until they see the "phone call generator" hanging on their door.

JD,

There is no such thing a LATE rent.

Realize it is actually UNPAID rent ALLOWED by YOU!.

He knows EXACTLY what's going on and is hiding. He's already 12 days late - by default you have "taught" him it's OK.

Just take your state's steps to evict. Today.

We practice ZERO TOLERANCE on unpaid rent. They will actually PAY when they figure out you are not allowing it.

Check the archives for my posts on ZERO TOLERANCE.

BRAD

If you don't want to evict, you can avoid evicting him by letting him live there forever for free.

My experience is that if I start eviction procedings immediately the tenants pay and very rarely try it a second time.

You were ok with late rent last month so now he thinks he can be late and you won't do anything. You allow a couple of late rents and he will figure you won't do anything if he doesn't pay at all.

You have to train tenants to pay rent before any other bill and you do that by posting the pay or quit as soon as allowed by law and filing for eviction as soon as allowed by law.

JD: go to lsnj.com...... make sure to put in the proper format of computer speak as the site generally does not allow us to post a web site address. there is a lot of great info there.

The above suggestions are good as well. There is no award for waiting. TONIGHT I would prepare a demand letter saying something along the lines of that your rent for the month of Nov. is XX days late. Please make payment immediately. If this is not done by Friday at Noon then I will have to decide what remedies are available to me. Send said letter via regular mail and Certified Mail with Return Receipt.

Another thing is: do you own this as an individual or a corporation such as n LLC or inc. ? If a corporate owner than you will to hire an atty.

OH....another thing.....very important is your property registered with State....not just the Town? If not then you will not be heard in Court.

Search rental real estate registration and file this immediately on line....do not delay, even if you do not plan to go to Court...just get it done.

Google up the Courthouse for your County and see when the Housing Court is held. GO TO IT to listen and learn. Even if you have to take off work, it is invaluable experience.

Also, when there you will see a couple of attorneys that have several/many evictions that day. Try to talk to one or 2 and see if they are a flat rate fee atty. and would be willing to take your case.

thank you Mr. Jeffery.

" Usually tenant has paid rent on time. This month it got rejected for online transfer. "

JD,

JD,

Another thougth...he might be gone.

File, or send PorQ if required, right away. You have tried to contact the tenant and he is avoiding you. Get the court process started. Some will pay once they get the eviction notice. They may have the money, but there is a cable shutoff notice and an overdue credit card too and those creditors have made it clear they won't wait for their money. If you don't make it clear you won't wait either, you go to the bottom of the list. He may be waiting for the court notice so he can take it to get assistance from a local charity. In any case, he isn't paying you voluntarily without the eviction clock ticking, so you need to get it started.

silence is not golden. self help eviction is perilous. if he gets a lawyer i bet that they can find SOMETHING defective in the petition. you may enter the home anytime you want in an emergency. i smelled gas, after the days went by without reply i was concerned for his safety, it was late and the door was wide open and the heater running, the dog was locked inside without water, the place appeared to be abandoned and i wanted to be sure it was locked and secure, i wanted to be sure he wasn't dead and rotting on my floor.