Who got closer?

[Aldo]

I have a three-year tenant who, over time, developed into a deadbeat. I refused to accept her excuse when she failed to meet my final deadline for payment. I agreed to accept $XXX dollars to vacate the notice and she was 20 bucks short. (Yeah, Right!) I filed for eviction and found that it goes to court on 12/23. I hoped and prayed that it would be in the morning on Christmas Eve.

Anyone ever get awarded an eviction on Christmas Eve?

[Jim FL]

I have a three-year tenant who, over time, developed into a deadbeat. I refused to accept her excuse when she failed to meet my final deadline for payment. I agreed to accept $XXX dollars to vacate the notice and she was 20 bucks short. (Yeah, Right!) I filed for eviction and found that it goes to court on 12/23. I hoped and prayed that it would be in the morning on Christmas Eve.

Anyone ever get awarded an eviction on Christmas Eve?

Aldo,
Nope, never been awarded an eviction on Christmas eve.
I did once collect $10k in option money, in CASH, on Christmas Eve......that was fun.

Frankly, my deadbeats at Christmas time, I'm actually nicer this month than any other.
Why?
Because having a house vacant on January one is not any fun, been there, done that, no thanks.
When I have tenants not pay in December, on the second of the month they are served a three day notice to pay or quit, along with a little flyer I made up.
The flyer lists local non-for-profit charities and such that offer one time rent assistance.
I direct them to these places, and tell them ahead of time, if they decide to seek aid, let me know and I'll work with the agencies.
Here is why?
I can almost always get at least 2-3 tenants not paying this time of year, sometimes more, sometimes less.
I know I can get at least 2-3 of them some help, for this month only.
That charity money will be in my hand as rent, by the 10th if we work together and get paperwork done etc.
An eviction, might, and might not get the tenants out, before January, and no rent in.
This way, I get rent for the Holiday season, the judge later if I evict, will be told about this, and realize, I tried to help, and the tenants dropped the ball.....evictions move faster when the judge likes the landlord. :-)

Plus, I then get evictions done in January usually, and will have houses ready for February for new arrivals......which by then, people are ready to move again.

You might look into some local places that offer one time rent assistance.
Since most tenants claim missed rent is due to some circumstance like illness, or layoff, its temporary til they get on their feet, and that combined with having children will get them the help.
The places I refer them to have multiple programs that offer rental assistance and housing payment assistance on a one time only basis, so the tenants either straighten out or get out.
Either way, I helped, and was able to control better when my units become vacant.

Good luck with your eviction, but I'd be prepared for some sort of continuance, or order to take possession for after the holiday.
Some judges will, but in my experience watching court files, both as a landlord and a former county deputy who worked in the courthouse for a couple years, most judges don't.

Take care,
Jim FL

[OKRICHLAND]

Hay Jim, OKRICHLAND here.
I like your response and your attitude.
Sometimes renters need a little extra care in the tolerance department
because, let's face it, otherwise they would probably own there own homes.
Nevertheless, they put food on my table.

Check this out everyone! ! !

To my tenants who have been with me one year or longer;
Every year my positive cash flow tenants (Pay on time) receive a Christmas Card and enclosed is a 10% coupon off their rent.
It is dated and good for one year and redeemable one time during the next 12 months of their stay. Not that they need it; They've never been late.
My gift to them strengthens the relationship,
It also saves them the embarrassment of being a few dollars short around Christmas time. :SM086: :SM086: :SM086:

[Dan Auito]

You guys sound like old saint landlord. Nice to know your trying. :SM106:

[Aldo]

The only 'trying' thing in this one is the tenant. She was a good tenant until recently. Could be a 'bad boyfriend' thing, but I dont really care to know. My advertised motto is "Tenant-friendly Property Management'. She's had more breaks than most ski resorts and every promised payment was late and nearly always short of the amount promised. Most promised payments weren't made until I called to remind her. Now she's going to get a 'wake up call' instead of a 'reminder call'.

OK, I'm running at 24% vacant due the the current market and I don't give the south end of a north-bound rat if I have another vacancy in January. It will be a break-even for me. Any utility costs I incur will be offset by the reduced water consumption, so it's a wash. I'm losing more money in the form of lost time than I'd realize with her erratic payments.

I've 'been there, done that' with those one-time rent-help thingies. Guess what! They're there because they can't pay their rent.

There won't be a continuance for two reasons. 1) the judge asks the tenant if they owe any rent. If the answer is 'Yes', the eviction is ordered. It's just that simple. 2) If a tenant owes, say, $1000, I can accept $999 when entering the courtroom and still get my eviction.

[Gulfman]

I'm a firm no pay no stay guy. If the eviction timeframe falls within the holiday period, then so be it. The default of the tenant outweighs any ornaments on a tree, especially when in it's your unit.
Has it happened to us, No, but the holiday period would not alter the process as far as I'm concerned.

[Dan Auito]

I would say you have been MORE than gracious with this tenant Aldo. I'm one to come knocking the next day or the same day when the check fails to clear and the demeaner isn't always exempliary either. It is a business after all!

Give'er the boot :lol:

[Keith(CA)]

If I may chime in here, what caught my eye was this...(disclaimer: this may come off sounding accusatory and/or haughty and none of it is meant to...this is merely an observation and may or may not have any relevance)
She's had more breaks than most ski resorts and every promised payment was late and nearly always short of the amount promised. Most promised payments weren't made until I called to remind her. To put it bluntly, it would seem as though you had a hand in training her to behave this way. Most people are motivated by an urge to avoid unpleasant consequences. If you teach by example that continuous late payments garner no enforcement of your rules, then you have established by fiat a dynamic, ever-moving line in which no one can ever guess how far is too far. Those that naturally tend to push boundaries will continue to do so until it becomes unpleasant (i.e. they cross the line). But in a sense, it isn't really fair because they are rightly confused about just where that line is that they shouldn't cross. Your tenant's inability to keep their word in paying as per the lease agreement is somewhat matched by your inability to keep your word in enforcing your lease agreement.

I'm still a newbie investor and not a landlord yet so forgive me for speaking out of turn. But I have spent a lot of years as a tenant and have a little understanding of human nature. I've heard it said that charity is fine for those that run charities, but run your business like a business. For some of us (I count myself in this number), it's really hard to enforce the rules when you're the one that made them when you clearly see someone having a hard time. Applying the golden rule is a must for one's own personal life, but it could be the death of your business.

I guess what I'm really getting at in my head is this: consider it a possibility that had you early on enforced your lease and taught your tenant the seriousness of missing her payments, that you might have cured her of her lax ways and made a good paying tenant out of her and retained her for years to come. This eviction might have been wholly unnecessary (or it would have happened much sooner and saved you repetitive grief and a holiday eviction).

[secoon]

Yup.. Two years ago ALDO. The Sheriff would have removed the family on Christmas Eve Day. The day before it happened, she offered a pile of cash. Not the whole amount due, but a pile. The investors said to take it, so I had to.

I didn't have a problem with it in the slightest. Would have been too bad for the kids, but I didn't cause the problem, I was just the end result.

To my knowledge, she is still there, and I would guess, behind on rent.

Sean