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Real estate rental question: Eviction
Posted on 7/8/15 at 3:18 pm
Posted on 7/8/15 at 3:18 pm
Can you kick tenants out for partial payment of rent? Let's say they pay only half and a week go by and they can't pay the other half.
5
Posted on 7/8/15 at 3:23 pm to PeteRose
I want to say the answer is no based on one thing.
There is an apartment management company in Birmingham that will not let 2 roommates pay with separate checks. Their reasoning according to them is they can't evict you if they accept partial rent (accept check from one roommate and the other doesn't pay).
Not a real estate lawyer.
There is an apartment management company in Birmingham that will not let 2 roommates pay with separate checks. Their reasoning according to them is they can't evict you if they accept partial rent (accept check from one roommate and the other doesn't pay).
Not a real estate lawyer.
This post was edited on 7/8/15 at 3:24 pm
Posted on 7/8/15 at 3:36 pm to PeteRose
LINK
If in LA
LINK
quote:
Defenses
A Louisiana tenant has a number of affirmative defenses in a Rule of Possession hearing including the following:
The landlord accepted the rent at some point or accepted partial rent and has waived his or her right to continue the action.
The landlord violated the implied covenant of quiet enjoyment.
Retaliatory eviction: the tenant is being evicted for having complained about the premises to a governmental agency or for having joined a tenants’ rights union.
The complaint was filed before the notice period expired.
The notice to vacate was defective.
The notice was not properly served.
Unlawful housing discrimination–the eviction is primarily based on the tenant’s religion, gender, national origin, race, family status or disability.
If in LA
LINK
This post was edited on 7/8/15 at 3:41 pm
Posted on 7/8/15 at 4:42 pm to PeteRose
Don't ever accept partial payment.
Rent is due on the 1st
Late on the 5th with a $25 late fee
$75 late fee on the 10th
Eviction notice on the 12th.
Rent is due on the 1st
Late on the 5th with a $25 late fee
$75 late fee on the 10th
Eviction notice on the 12th.
Posted on 7/8/15 at 5:05 pm to I Love Bama
quote:
Don't ever accept partial payment.
This. Bad business 101
Posted on 7/8/15 at 9:18 pm to ItNeverRains
Never accept partial payment. $100 late fee on the 5th, eviction filed on the 7th.
Posted on 7/9/15 at 8:44 am to theoldwiseone33
quote:
$100 late fee on the 5th, eviction filed on the 7th.
Posted on 7/9/15 at 10:09 am to PeteRose
You should consider whether or not it's worth working with them on getting back on track with the rent. Sometimes it's better to work with a tenant a little bit than to kick them out and have to worry about re-leasing the property.
Posted on 7/9/15 at 10:26 am to theoldwiseone33
quote:
Never accept partial payment. $100 late fee on the 5th, eviction filed on the 7th.
I like this. I'm $50 and $5 for every additional day.
ETA: on our last rental, we moved the due date to the first and late fee starts the 2nd. Was tired of everyone paying rent on the 5th.
This post was edited on 7/9/15 at 10:29 am
Posted on 7/9/15 at 11:07 am to funtimes
quote:
You should consider whether or not it's worth working with them on getting back on track with the rent. Sometimes it's better to work with a tenant a little bit than to kick them out and have to worry about re-leasing the property.
Agreed. I talked you her and she said she would have the other half my the 15th. I said ok but this is one time favor. I think it's better risk/reward option to give her till the 15th. If I kick her out, there's no telling how long it'll take to get a new tenant in.
Posted on 7/9/15 at 11:15 am to PeteRose
or you could ask for a "special" payment...
Posted on 7/9/15 at 11:33 am to PeteRose
I'm in TX so might be a bit different, but in the contract it specifically calls out that partials are not accepted. I also hit them with $50 late fee on the 3rd then $15/day (this is also in the contract). I slap a "3 Day Notice to Vacate" on their door on the 3rd. This is a requirement for eviction in TX, but it's amazing how fast that rent shows up when this notice is handed to them.
Just FYI, the last tenant I had to evict had a partial payment. It didn't stop the judge from kicking their arse to the curb.
Just FYI, the last tenant I had to evict had a partial payment. It didn't stop the judge from kicking their arse to the curb.
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