I am having a problem with a non paying tenant
By oscarbartoni
@oscarbartoni (2581)
United States
December 17, 2007 11:16am CST
I have a tenant in the downstairs living space but he has not paid the rent in over 2&1/2 months. He refused to leave. I have threatened to pack his belongings in plastic bags and put them out to the curb but he does not get it. He is a drug user and I do not want the police to come and go through my house and destroy everything in the house and say "Sorry" and not have to put anything back in order or to pay for broken stuff or to replace my animals. There is another man that is wishing to move in (he is actually already down there and is an acquaintance of the first man) that wishes to get this first man out of the place. What should I do to get rid of this first man? He has told the second man that he can live rent free for three months before I can evict him.
1 person likes this
10 responses
@mari610 (360)
• United States
17 Dec 07
28 1/2 months? You mean this guy hasn't paid rent in over 2 years? I can't believe how long you've allowed this to go on. What you need to do immediately,is put his belongings outside, get a locksmith and have the locks on the apt changed.Your unpaying tenant is also responsible for any damages incurred while he was living there. if he refuses to pay,you can take him to court and sue him for back rent and damages. And as far as the 3 month law is concerned, this guy hasn't paid rent in over 2 years, so, any judge in the world would tell you that you can legally evict him immediately.
@luvstochat (6907)
• United States
17 Dec 07
He did not say 28 months he said 2 and a half or 2&1/2 I don't think anyone would let someone stay for 2 years.
@mykmari_08 (2464)
• Philippines
18 Dec 07
Before you do anything, try to seek the help of your family, friends, and relatives. This is for your own protection just in case he gets wild and unruly.
Here in our country, I think there isn't any law prescribing a three-month free rental before one could be evicted. I believe you have all the right to proceed with eviction. But do this with utmost care, if possible.
My mom also has several units for rent back in the province. And one of those renting is a family who has an overdue rent of one year. You may not believe it but it's true. It took a lot of coaxing from us (3 children) before our mother finally decided to evict them. One more fact which aggravated the issue is the instance that we see them buying several appliances and yet they can't settle their overdue rent with us. At present, they're living somewhere else but they still have some balance with us.
@oscarbartoni (2581)
• United States
18 Dec 07
The last time I asked him for the rent money he say that he was saving it for the next place that he is renting. As I have said he has more excuses than Carter has little liver pills. I told him that since he has already picked a place to move to don't let the door hit him on the a$$ on the way out.
@troopy (168)
• Australia
18 Dec 07
Mate, just kick him to the kerb.. Put his stuff on the street and change the locks on the doors downstair's, if it get's nasty, take out a court order on him preventing him coming on your property. We had a bloke downstairs and he done the runner owing us rent, but left his t.v and a few other things.So im keepin all of it to cover the money he owes us and to cover the fact we had to change the locks as he still has his key and we had to clean it all up, so we could let someone else move in. Im not sure about the 3 month part, you should check with the police, it seems you may not have a choice in the end.
Good luck with it all.
@icemanpro (37)
• United States
18 Dec 07
hey i have heard of similar problems with friends home. if he paid you cash in the first place and there is no paper trail that he ever lived in your house you call the cops. he will not have any proof he lived there long enough, this is a unethical way to get him out but he was wrong for not paying.
@oscarbartoni (2581)
• United States
18 Dec 07
We have been giving him rent receipts and they ended a long time ago. I am on disability and my girlfriend is disabled to so we are in fear that he might do something that will cause us great harm or even destroy the house. We are thinking abut getting a restraining order so that he cannot do this.
@xXxMikesWifeyxXx (3072)
• United States
18 Dec 07
You take him to court the judge will tell him to get out... just go to the local court house explain to them and they will tell u what u need to do... a leagal eviction should always go through a court heasring if the tenant does not comply with the original eviction notice:) goodluck
@Launicad3si (8)
• United States
18 Dec 07
he is a Grown Man, and you shouldn't have to listen to him, mainly because you are the Boss!!.. if he doesn't want to pay up! Kick him 2 the Curb, many other people will come to move in and pay, or just wait one whole month without bothering him && then when the three months are over, Take Action fast!
@oscarbartoni (2581)
• United States
18 Dec 07
I gave him verbal notice about 2 month ago. I have been listening to his excuses as to why he cannot pay including loosing his check, loaning money to someone and not getting repaid. The on excuse that he has not given is that the dog at the money because he does not have a dog.
@sedel1027 (17846)
• Cupertino, California
17 Dec 07
First off, I have never heard of the 3 month law. I researched your state and did not find anything regarding a time period. You can evict your tenant for non-payment of rent. See this link for more information:
http://doj.nh.gov/consumer/sourcebook/renting_security.html
@kareng (59128)
• United States
17 Dec 07
Give him a "formal" eviction letter that states since you have not paid rent since xyz, please remove all your belongings from the property located at __________ (address) by midnight on ________(list date).
Keep a copy. Better yet go down and get him to sign it and give it back to you...give him a copy. Evict him. Call the cops if you have to, you have a copy of the letter in hands.
@Kowgirl (3490)
• United States
17 Dec 07
If you go through the proper legal channels it will take about that amount of time to get him out.(3 months) You must fill out eviction notices at your courthouse. They will serve him papers and then if he does not leave you can take his belongings and put them on the side of the road. You will need a police officer there when you do that so he can see that you do not keep anything that does not belong to you. You can then change the locks so the key he has will not open any doors. Do not do this unless he has been served the papers or he can sue you. Yes, the law is very strange but this is the only legal way to get rid of unwanted tenants. Please check before you do anything, you must take legal steps to stay within the law.
Best of luck
@bbsr13 (4196)
• India
17 Dec 07
Hello oscarbartoni! if the tenant is not vacating your house in stipulated time you get in to the house bags and baggages and put on your belongings there,and thus he will be forced to leave the house.while doing so you please take help of some of your friends and well wishers so the morally he will be forced to leave.but before doing so you allow him reasonable time.that will serve your purpose.if still continue better lock the house yourself and don't allow him at any cost to get in to the house.thank you.all he best.