evicting my tenant for unlawful detainer

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looking
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evicting my tenant for unlawful detainer

Post by looking » Wed Oct 18, 2017 10:44 pm

My tenant does not pay rent and my tenant sent a certified letter he's moving out end of
October, and he said he is using his deposit as last rent payment so i gave 3 days notice to pay rent or quit.and it passed 4 days since giving 3 days notice

Should i file unlawful detainer eviction ( attorney charge $ 1000 ) or let him vacate end of October and file at small claim to get money back whole month rent.
Last edited by looking on Wed Oct 18, 2017 10:58 pm, edited 1 time in total.

criticalmass
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Re: evicting my tenant for unlawful detainer

Post by criticalmass » Wed Oct 18, 2017 10:52 pm

What does your state law say? You didn't collect the last month's rent in advance? What happens if there is damage when they move out?

An eviction process (in most states) is likely going to take longer than the ~2 weeks left in October.

texasdiver
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Re: evicting my tenant for unlawful detainer

Post by texasdiver » Wed Oct 18, 2017 11:18 pm

Rather than spend legal resources on an eviction when he's leaving in 2 weeks anyway I would think you'd be better off saving the money and spending it on recovering damages to the apartment (if there are any)

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Sandtrap
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Re: evicting my tenant for unlawful detainer

Post by Sandtrap » Thu Oct 19, 2017 12:02 am

Make it pleasant and courteous.
Do everything to ensure the tenant leaves when he says and leaves the premises in reasonable condition.
It is better to be supportive than provoke conflict.
Talk to the tenant. Make it clear you're doing him a favor and that he should reciprocate by moving out when he said he would.
Focus forward on re-renting out the unit and preserving your income stream.
You have more to lose if the tenant stays beyond the stated time than he does.

CurlyDave
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Re: evicting my tenant for unlawful detainer

Post by CurlyDave » Thu Oct 19, 2017 12:21 am

Eviction is a last resort. Not really worth it in this case, if the tenant really does move out.

I use Tenant Verification Services to screen tenants. https://www.tenantverification.com/

They have a way to report bad tenants to credit agencies. Just the threat of doing this may be enough to get the tenant to pay. OTOH, if he moves out and there are only minor repairs, is it worth the trouble?

Sure you would like to have tenants follow the rules, but it can sometimes be more costly than it is worth.

I try to get 2 month's rent as a deposit, and call out in the rental agreement that it is not the last month's rent. If they do not pay the last month's rent, I deduct the late fee from any deposit they get back.

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Sandtrap
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Re: evicting my tenant for unlawful detainer

Post by Sandtrap » Thu Oct 19, 2017 12:37 am

CurlyDave wrote:
Thu Oct 19, 2017 12:21 am
Eviction is a last resort. Not really worth it in this case, if the tenant really does move out.

I use Tenant Verification Services to screen tenants. https://www.tenantverification.com/

They have a way to report bad tenants to credit agencies. Just the threat of doing this may be enough to get the tenant to pay. OTOH, if he moves out and there are only minor repairs, is it worth the trouble?

Sure you would like to have tenants follow the rules, but it can sometimes be more costly than it is worth.

I try to get 2 month's rent as a deposit, and call out in the rental agreement that it is not the last month's rent. If they do not pay the last month's rent, I deduct the late fee from any deposit they get back.
Every state differs as to what can be charged or not on a lease.
Suggest checking the landlord tenant code, if you have not already, and construct your lease to best benefit rather than many that are "boilerplate".

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celia
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Re: evicting my tenant for unlawful detainer

Post by celia » Thu Oct 19, 2017 1:19 am

Even if you took him to small claims court and won, you often cannot collect from a deadbeat.

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LadyGeek
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Re: evicting my tenant for unlawful detainer

Post by LadyGeek » Thu Oct 19, 2017 5:26 am

This thread has run its course and is locked (legal advice). As a reminder, see: Acceptable Topics and Subforum Guidelines
This is an investing and personal finance forum. We also maintain a subforum that allow our members to discuss consumer goods and services and recreational activities. Anything else is considered "Off Topic" and is not acceptable on this forum.
Also see the disclaimer at the bottom of every forum page:
No guarantees are made as to the accuracy of the information on this site or the appropriateness of any advice to your particular situation.
This thread is now in the Personal Finance (Not Investing) forum (landlord).
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