Need some advice!!!!

[cobra29]

I am new landlord and my tenant has not paid December rent as of the 19th Dec. So far I sent out the late notice on the 6th Dec., Quit or pay rent notice on the 12th Dec. and a finial notice/termination of least today.

Does anyone have some experience with this issue? What's my next step?

 

[TRBO VNM]

I know a couple people who could offer info, but I won't see them till Monday. if you don't have any info by then I will see what I can do. I know one guy was just going through this same thing on his end. Another finally had the person move out with an attorney getting involved.

 

[cobra29]

I know a couple people who could offer info, but I won't see them till Monday. if you don't have any info by then I will see what I can do. I know one guy was just going through this same thing on his end. Another finally had the person move out with an attorney getting involved.

Any help is greatly appreciated. I am out of town right now and I will be back next week. Please let me know what you find out. I really want these people gone.

Thanks.

 

[ScottinSSMD]

Not sure where you are, but most laws allow 30 days to git out. I had a legal basement apt for years and one tenant, like this, made us stop for good. In the end, the security deposit barely covers the missed rent or damages and cleaning. I have MD landlord paperwork if you have a fax number I can send over to you. Original contracts, agreements, and rights for tenant and landlord.

Scott

 

[wheelhopper]

Here is what I would do. BTW, I have a rental.

Stop by and talk to the guy, find out what the problem is. Maybe he lost his job and simply does not have the money and is emabarassed to tell. Perhaps he is hoping he will have the money soon and get back on track before he has to confront you. If he is a good hard working person, I would try to help him out in these hard times with the agreement that he pays you back.

On the other hand. If he is a lazy sack of s***, and been unreliable all along, I would contact your local courthouse and go through the necessary steps to evict. Unfortuneately, this is a long process, and the courts tend to be more leniant in the winter due to the cold temps. You may even contact an attorney. Some charge a flat fee to file the necessary papers in the proper order and deadlines so you don't have to deal with it.

 

[Red Poison]

Been a landlord for the last 5 years...

I've gone through the exact same thing. I tried to help a single mother (of 2 girls) thats been foreclosed on before, rent one of my properties. Her father died and she had to go to SC to bury him. She fell behind on the rent and I tried to work with her - told her to just pay me half the rent that month because I know she incurred some expenses with the trip and the burial. Contact was ok but she never paid. In the end, she just stop paying and cut off all contact.

I can appreciate helping, but after having to pay $825 for over 7 months just to keep my property, get it ready for the next tenant and then find that tenant, I no longer care for anyone's situation. Its business from here on.

Enough of my rant, here's what I had to do...

- You serve an official eviction notice. This could be done through certified mail or a private server, either way you'll need proof that you legally served the tenant notice of eviction. ***This step is optional in this order***

- After you receive the green card back from the post office/private server serves the notice, take the proof to the courthouse and file a case against the tenant for the rent. They will set a date for you and the tenant to show up and present your sides to the judge for the rents owed. The judgement is going to go in your favor, because legally, there is no reason why the tenant can stop paying rent (unless otherwise stated in the lease agreement, but I'm sure there isn't anything of the sort).

- Show up to your courtdate. Like previously stated, the judge will rule in your favor. The tenant may try and make a case against you that you didn't fix something or something to that nature but they are still in violation of the lease. (If that was the case then they would've had to file a request for a "rent escrow" account; so they are still wrong.) The ruling the judge will reach is going to allow the tenant to make good on the rent owed. The bad part about this is you cannot put them out. If they pay, they STAY. You can't get a new tenant until the lease expires. They have 2 weeks to make good on the rent.

- After that you wait to see if they pay the rent; If they do, mission accomplished, and you make a decision at the end of the lease if you want to renew.

If not:

- You revisit the courthouse and file the papers necessary to have the sheriff serve the eviction. You'll have to pay for the sheriff to evict them (paperwork). The sheriff is going to need the judgment that was ruled in your favor from the court. Call the sheriff and schedule an eviction date. The eviction date has to be scheduled 2 weeks from the date you contact the sheriff.

- Go get your house back.

Now alot of what I said is based upon Baltimore City's laws. Things might be different based on where your property is. You don't need a lawyer, it would just be a waste of money. You can do it all yourself. Now once the tenant is out and you want your money back, then you'll have to file a suit against them.

***The reason why you may want to do this first is because the tenant may move out on their own and you won't have to do any of the court stuff. The result is worth the $3 for a certified letter***

What I would do is go to the courthouse and file the papers to get a courtdate scheduled. That will get the process started.

This process is going to take more than a month or 2 to complete so I'd get started now.

I'll PM you my number and tell you more if needed.

 

[Antex]

I am new landlord and my tenant has not paid December rent as of the 19th Dec. So far I sent out the late notice on the 6th Dec., Quit or pay rent notice on the 12th Dec. and a finial notice/termination of least today.

Does anyone have some experience with this issue? What's my next step?

I would call first as Doug has suggested, this works very well for me. If that doesn't work your next step is to file a "Failure to pay rent" with the District Court of Maryland. They will then serve the tenants with a court date hearing.