Refuse rent?
Click here for Top Ten Discussions. CLICK HERE for Q & A Homepage
Receive Free Rental Owner Updates Email:  
MrLandlord Q & A
Refuse rent? (by Lana [IN]) Apr 12, 2019 2:43 PM
       Refuse rent? (by Robert,OntarioCanada [ON]) Apr 12, 2019 7:36 PM
       Refuse rent? (by C Gd B [MI]) Apr 13, 2019 6:54 AM
       Refuse rent? (by AllyM [NJ]) Apr 13, 2019 7:03 AM
       Refuse rent? (by Oregon Woodsmoke [ID]) Apr 13, 2019 7:14 AM
       Refuse rent? (by Doogie [KS]) Apr 13, 2019 1:23 PM
       Refuse rent? (by Vee [OH]) Apr 13, 2019 7:07 PM

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

Refuse rent? (by Lana [IN]) Posted on: Apr 12, 2019 2:43 PM

The Sheriff I rented to last July is still late every month. I file a 10 day Pay or Quit( for rents only,no Late Fees allowed) and then he pays the rent in full before 10 days are up. I take off late fees and Sheriff's Service fees leaving him owing for the next month's go around. I am making a lot of late fees off him and I make him pay for Sheriff's Service as well and he does pay eventually and was fully caught up on April 1. Whenever I file a pay or quit, I get whining text messages that sound like an entitled 2 year old. I don't respond to them at all. I know Brad refuses to accept rent in these situations and goes to eviction, but I suspect this is not what my judge would allow and I cannot find that procedure in the Indiana Codes. Last month he finally paid everything off on the 28th This month he has made no payment on his rent and his first April payday is today. He now owes for a busted window as well. He texted me that he does not know what happened but the glass flew outwards and he has two sons so he knows. I am restarting eviction Monday and including the window damages., It is now past winter so I am willing to let him go. I turned over 8 of my 16 units since December, so I have not pushed as hard as I should as the last thing I needed was another empty unit. I am also approaching the end of his first year and I am never renewing his lease if he makes it that far. The unit is filthy and smells like dog poop. Not a very impressive officer of the law.

He now owes with the window replacement over $950 and I don't think he can pay that.

Thank goodness for my other tenant who were all paid by the 1st. Suggestions before I serve his next Pay or Quit?

Refuse rent? (by Robert,OntarioCanada [ON]) Posted on: Apr 12, 2019 7:36 PM

Consider contacting a landlords association where google to find some near the rental for advise. Persistent late rent, failing to keep the rental unit clean along repairing any wilful damage that is not wear and tear are all violations under most landlord and tenant acts. Dogs do not go with go with apartment living. Be prepared for the hearing along proof of what has happened. Fortunately the landlord and tenant act is like what exists in the province of Ontario. After he moves out then count on replacing all the flooring if there is hardwood or carpet where consider small claims court.

Refuse rent? (by C Gd B [MI]) Posted on: Apr 13, 2019 6:54 AM

What is in your lease? In my lease there is a clause that states more than 3 late payments in a month is grounds for termination of the lease. It gives you leverage to encourage habitual late payers to make the rent a priority.

Refuse rent? (by AllyM [NJ]) Posted on: Apr 13, 2019 7:03 AM

Just file. I think he will leave. He probably won't pay for the window and having that break might be the thing that makes him leave. In fact, tell him if he gets out he won't have to pay for the window. It's a cheap price to pay for getting him out. With two boys there could be a fire next.

Refuse rent? (by Oregon Woodsmoke [ID]) Posted on: Apr 13, 2019 7:14 AM

Check your state law. In Oregon, 3 pay for quits is grounds for eviction. You might be able to get him out just with his history of late payment.

As for refusing rent and using that to evict, I don't know. You need to consult with a local eviction attorney. It's not so much the law as what your local judges have decided is fair.

Refuse rent? (by Doogie [KS]) Posted on: Apr 13, 2019 1:23 PM

If you want him to leave, follow the law and get him out. As some have said, you might be able to go by the more than 3 PoQ notices. Here it's specific on the refusing rent. I have to accept it if it's within the 3 day notice, but do not have to accept partial rent. After it's filed with the court, I do not have to accept it at all. Just make sure you know specifically how it works for your area. I've seen that it is different almost everywhere.

Refuse rent? (by Vee [OH]) Posted on: Apr 13, 2019 7:07 PM

You ask what to do before serving the next pay or quit notice? Just check the spelling and move forward following your local court timing of the steps. It should not have worked out this way... You keep telling the soon to be old tenant this when you must say something.

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

Subject: RE: Refuse rent?
Your Name:
Your State:

Refuse rent?
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 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: