confused : ezLandlordForms

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Donald G

started a topic over 14 years ago

You go to court against your tenant , judge says pay him 1500.00 . You are already in court how do you get your money. When does he have to pay you what he owes

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Stan M

said over 14 years ago

Donald, reality is just because the judge ordered payment doesn't mean you get to collect it at that time. If you're lucky the tenant will write you a check on the spot. Don't hold your breath. You may have to get the Sherriff to place a lean on their bank acct. That's assuming they have an account. In most cases, collecting is difficult. Check with your county court house on ways to collect a judgement. Sometimes it's best to "eat" the loss and move on. This is one of many decissions you will be making as a landlord. If you did your homework and selected a great tenant and all of a sudden they stop paying rent, there's a good chance that a crises fell upon the family and now they can't afford the rent, etc. If they were good tenants, you could always try to work out a payment plan starting in a few months when their finances improve and something that's within their means. Still confused??

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Donald G

said over 14 years ago

Thanks , I only went to court once and they had to come up with the money and they did , in order to stay, well the problem is these people were in the house when I bought it , and was told that they were good tenants , they been in the house that I have owned for about 7 years , but its been rocky , is a 30 day notice my best bet

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Stan M

said over 14 years ago

Donald, these are hard times. If they've been with you for 7 yrs an you have had no major problems, why look for new tenants? Life is not perfect and neither are tenants. If you believe that all you have to do is collect the check each month, surprise. There will be times that you have to remind tenants that "rent is due" the 1st of the month. Talk with tenant. Let them know that you enjoyed having them as renters....however, you also have obligations that must be met. Find out what their concerns are and when rents will be paid on time. Maybe have them (each tenant, even if married) fill out another application so you have an update. You could also run another credit check (your expense) to check their credit worth. This will help you with your decision. Have them sign a new lease agreement. Think of the expense having them move and fixing the property up for the new tenants. When dealing with tenants, ask yourself "how would I like to be treated?" Hope this helps.

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Donald G

said over 14 years ago

Stan you are a great help , but what is happening is the past three years I have been letting them slide a little and they owe me around 3000.00 and now is starting to affect myself and my credit which I worked hard for, I do not want to throw them out but I have to pay my mortgage or sell before the bank takes over , then they will have to move , he makes more money then I do ,what do you think, I am only being honest , but I was told never let them know you are going to think about selling what is your honest opiniunion

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Stan M

said over 14 years ago

Donald.....you let them slide toooooo far . Cut your loses. Give them a 3-day notice to pay or quit (or whatever it is in your State). However, (yes, there is always a however...LOL) if THEY ask you to work something out, I wouldn't accept no less than $1500 NOW (not 2-3 days later) in CASH or Bank Check ONLY and the balance to be paid monthly that works for you. DO NOT accept personal check. Also, the monthly rent needs to be paid on time and by CASH, Money Order or Bank Check, no exceptions. If it's not paid on date due, send them another Notice. I would also put it in writing stating the amount they owe and payment terms. I would also consider using an agency or lawyer to prepare the papers for the Notice. It MUST be prepared properly. The cost for prep and service to tenant cost about $40 in CA. Be prepared for the worst. Selling property is another issue. We can discuss that if you decide that's best for you. Good Luck and keep me updated.

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Donald G

said over 14 years ago

Stan , its about 5 degrees above here in Mass achusetts ,do you have a email, you give good advice and I might need some in the future I know this , even on a 3 day the weather might be a problem

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Stan M

said over 14 years ago

Sorry Donald, can't do. That would open the door to everyone that reads the Forum and possibly massive emailings. More importantly, it would defeat the purpose of the Forum.....to hopefully receive several opinions on a concern and for others to learn from each others experiences. It would be nice if others shared their thoughts on your topic. The Forum not only applies to landlords, it also applies to renters who read this Forum. I share my thoughts and experiences hoping that landlords and renters get to see both sides of the story which in turn brings peace to the industry, thru understanding. Thanks in advance for understanding about not sharing me email addy. If you have any other concerns, continue to use this Forum to find a solution.

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Teri J

said over 14 years ago

I know EXACTLY where you are coming from Donald. I am in a similiar situation myself....I let them "slide" too much. I feel bad cuz they have 3 kids, but I think they know I'm somewhat of a "softy" and take advantage. I have filed papers with the court to evict and I think it might be your best option, unless you can do the written agreement with 1/2 down like Stan suggested. Good luck and keep us posted. :)