Eviction 

Instigating eviction proceedings is often the most effective way to recoup unpaid rent, but it can be among the most expensive and time consuming. The eviction process varies by state but generally involves filing a formal eviction notice with the court.

If the tenant doesn’t vacate the property within a specified timeframe, a court order is issued, and law enforcement can then remove the tenant on your behalf.

Evictions are also typically reported to credit bureaus, which impacts a tenant’s credit score and demonstrates to other landlords that the tenant might not be able to pay their rent.

Collections Agencies 

Hiring a collections agency can be another viable option for recovering unpaid rent. These agencies specialize in debt collection and have the resources to pursue delinquent tenants. Keep in mind that there’s usually a fee associated with using a collections agency, and they typically receive a percentage of the recovered amount.

Rent Reporting Services 

Another avenue to explore is rent reporting. While not a direct collection method, it can incentivize tenants to pay rent on time. Some companies specialize in reporting rental payment history to credit bureaus.

Consequences for Tenants

Reporting unpaid rent to a credit bureau can have significant consequences for tenants. A negative rental payment history can:

• Lower their credit score: This can impact their ability to secure loans, credit cards, or even housing.

• Make finding future housing difficult: Many landlords use credit reports as part of their tenant screening process.

• Result in increased rental costs: Tenants with poor credit may be required to pay higher security deposits or increased rent.

Tenants must understand the importance of timely rent payments and their potential impact on their financial well-being.

Can they garnish your wages for a credit card debt if it means you won't be able to pay your rent?

Laws vary WIDELY by jurisdiction, so it will depend on where the judgement is issued and where you live.

In my US state, your rent is not the creditor’s problem and is not taken into account when the judgement is issued.

Once a judgement is granted to a creditor, and they have it enforced, law enforcement can garnish your wages, levy your bank accounts, and seize and sell your assets to satisfy the judgement.

BUT… if you’re in the US, your state may have limits on what can be taken.

In my state, for instance, if all your bank accounts (checking and savings, in all banks) total less than $2,000, nothing can be taken. If any account goes over $2,000, the overage will be immediately levied.

Your primary home and vehicle (ONE vehicle) cannot be seized if the equity in them is below a certain point.

My state has stricter wage garnishment guidelines than allowed by federal law. Wages can only be garnished the lesser of 25% of your NET pay OR $362.50 (equaling 50 times the federal minimum wage). And the less you earn, the less the creditor can take - it can be as little as 18% instead of 25% if your weekly income is low enough

Can a landlord sue for back rent after you've moved out?

Absolutely! Over the past 40 years of managing rental properties, I average taking at least one former tenant to court every year over unpaid back rent. It’s easy to do in small claims court and I’ve never had to use an attorney. I’ve always had my documentation in order and have won 100% of the cases. About half the time the former tenant does not pay after the court case and I then go back to court to have their wages garnished. Employers really frown on this and sometimes will fire the worker….. in which case I have to wait until they find a new job. 95% of the time they pay up at this point so as to not have a second garnishment.

Word of advice: Pay your back rent

EVICTION

How does eviction get done if tenants don't leave?

·         Once the judge has issued the eviction order, the tenants are given a specific date and time by which to vacate the premises.

·         The landlord may, if he feels there might be a problem, arrange to have law enforcement officers present at the appointed time. Here, the Constable's Office has officers who do nothing but evictions.

·         The officers will knock on the door and instruct the tenants to leave the property immediately. If they fail to do so, they will be removed, forcibly if necessary, by the officers. If they fail to go peacefully, the officers can - and often do - arrest them.

·         The landlord is expected to have a locksmith on-site during the removal. The minute their warm bodies are outside, the locksmith changes the locks and ensures all windows and doors are secured to prevent the tenants from returning to the premises without permission.

·         It is vital that the landlord know the state/local laws regarding any property the tenants must leave behind. You can NOT simply throw it away or pile it outside on the curb. In most states, the landlord is responsible for securely storing the property for a specific amount of time and to make reasonable attempts to notify the tenants of how to retrieve the items. Here in Nevada, the landlord can require payment of moving and storage fees prior to releasing the items. He can NOT require payment of past due rent. That is a separate matter and must be handled through small claims court.

·         After the mandated storage time, and assuming all notices have been properly made, the landlord can dispose of the items as he sees fit. Here in Nevada, there is no provision requiring the landlord to give any funds raised from the disposition in excess of the moving and storage fees to the evicted tenant. The vast majority of the time, what gets left is junk and doesn't even cover the storage costs.

·         Your landlord cant change your locks at all until they have received a judgement for possession from the courts. Your Landlord can change your locks, Its called an illegal eviction. Even if your 5 day notice has pasted your landlord can not legally lock you out. However it is a civil matter and not criminal. In order for them to change the locks legally they must file for eviction with the courts. then a judge will say if you need to move or not. Even then they can’t legally lock you out if you refuse to move. If you not out by the time the judge has given you, the must then file for an ejection. After the law comes and physically removes you and your belongings out and gives position back to the owner, then and only then may they lock you out legally. If you have been locked out without an eviction, you have a very good case for a law suit. Changing the locks without a writ that gives them back their unit would be a lockout and they're ALWAYS illegal.

A note taped to your door qualifies as reasonable notice, provided it was placed within the appropriate time frame. There are no requirements that you are actually spoken to. As long as proper notice is given, the landlord is within rights to access the property that he or she owns.

What does it mean when a landlord serves you with a 3-day to pay or vacate notice?

·         It means you should pay your rent in full in three days, or you should vacate the premises.

·         Failure to do so will be the reason for a second notice — Vacate or be Evicted. This usually has a one or two weeks to be executed, and you won't be allowed to pay your late rent once you get this notice.

·         Failure to leave after this time means the eviction process begin, and eventually the local law enforcement will remove you from the premises.

·         A Trepassing sign will be posted. And if you re-enter the premises without permission, you’ll be arrested. This arrest will remain on your record for 7 years. In addition, the judgement may also allow the landlord to enforce collection for back rent and costs via garnishment and or other collection means.

What are some eviction notices that can be ignored by tenants? What are the consequences of ignoring an eviction notice?

·         Ignore any of them you wish.

·         If you ignore the 3-day pay or quit notice, I will file to evict.

·         If you ignore the court summons, I will get a default judgement requiring you to vacate in 3 days.

·         If you ignore the judgement, the sheriff will politely (or in chrome bracelets if necessary) remove you from my place, permanently. Meanwhile I change the locks.

·         A Trepassing sign will be posted. And if you re-enter the premises without permission, you’ll be arrested and the Sheriff will relocate you to the local jail. Then, you will have a roof over your head and three meals daily, quite the deal indeed. This arrest will remain on your record for 7 years. In addition the judgement may also allow the landlord to enforce collection for back rent and costs via garnishment and or other collection means.

If someone moves out before the eviction hearing even if they hadn’t paid rent for months, can they still get an eviction judgment against them?

Absolutely! We did with a “tenant” we evicted earlier this month. She was actually a squatter, but because the legal tenant in the property had given her permission to sleep in the garage for a few days, she gained residency rights.

Due to the problems the squatter caused, the legal tenant had to terminate his lease and move out, but she refused to go. The police officers who responded to the numerous complaints on her (selling drugs, prostitution, noise, etc) said she’d clearly done this before (moved in and refused to leave). We had to evict her to get rid of her.

We don’t know when she finally left the property, but it was after we filed the eviction papers and before the Constables came for the lock out. We had already decided we were going to finish the eviction on her regardless.

How hard is it to rent after an eviction?

Very hard. None of our clients will even consider anyone with an eviction.

For our own properties, the boss is a little more lenient. If you had a really GOOD reason that you can prove (like losing a job or medical bills) and can give her a really GOOD explanation of why you allowed yourself to be evicted rather than moving or working out payment arrangements, then she’ll at least consider you.

If a tenant refuses to leave at the end of their lease period, what happens?

They generally either get evicted or become a “rollover tenant,” who has a month to month lease, depending on the terms of their initial lease.

There are some unknown variables here. Is the apartment rent controlled, rent stabilized or otherwise regulated? If it is then in most jurisdictions the tenant has the legal right to renew their lease unless they explicitly waive that right. What did the original lease say and what jurisdiction is this in? Did the landlord offer a lease extension, which the tenant refused? If the tenant indicated that they intended to move out, but now refuses to did the landlord accept rent?

Once someone has had a valid lease the only way to get them out is through the legal process of eviction and in most jurisdictions if a landlord accepts rent then they’re agreeing to make the person a “rollover tenant,” regardless of whether or not they have a lease, which means that the landlord would need to send notice to vacate and stop accepting rent and then go through the eviction process, which can be costly and time consuming, but if they want to get the tenant out it’s the only legal option.

I have an eviction court date in 3 days. I was given a 30-day notice but my landlord wants a partial rent payment. Would making this payment prevent my landlord from fully evicting me?

Laws vary by jurisdiction, so you’d need to check the laws where you live.

In my US state, once we’re past the “Cure or Quit” notice period, the landlord can accept partial payments and still move forward with a non-payment eviction. During the “cure or quit” period, we cannot accept partial payments because that resets everything to square one and we have to start over to evict.

If you go into court on a non-payment eviction without proof that you have paid the ENTIRE amount due (including late fees) OR that you have a valid payment arrangement agreement with the landlord, you WILL be evicted. The only acceptable defense in a non-payment eviction is “Here’s my proof that I paid” or “Here’s my proof that the landlord agreed to let me pay on the 15th”.

What if I don’t answer my door to get served with eviction papers?

That depends on where you live and what, exactly, you mean by “eviction papers”.

In my state, you will be served multiple times during the eviction process.

First with a “cure or quit” notice.

Then with an “unlawful detainer” notice.

Then with a notice that the landlord has filed for eviction and you have 5 days to file a response or get out.

Then, once the landlord has won his case, the Constables will serve a 24-hour lockout notice.

If you don’t answer the door and accept the notices like an adult, it doesn’t matter. You were served. The case proceeds to the next step.

In the final step, the Constables return, make entry into the property by whatever means necessary, and remove you from the premises, by whatever means necessary, with just the clothes on your back. The locks are changed on the property, you are given a Trespass notice advising you that returning to the property without the landlord’s express permission you will be arrested and escorted off the property.

What happens if you ignore a notice to vacate?

It makes things much easier for the landlord, and much more entertaining.

I will go to court and get the AFFIDAVIT OF UNLAWFUL DETAINER or whatever they call it in your neck of the woods. I’ll arrange to meet a Sheriff’s Deputy and a locksmith at the rental the next day.

That morning, the Deputy will bang on the door. If you don’t come to the door, I’ll hand him the keys and he’ll enter. You’ll probably still be sleeping, or eating a bowl of Cheerios in your bathrobe and bunny slippers. “Grab your toothbrush and get out!” he’ll say. “But all my stuff is still here!” you’ll whine. “Tough shit,” he’ll respond, and out into the cold you will go, as the locksmith changes the locks. You can no longer access the rental.

The Deputy will then go through your place, to see if there is any contraband or drugs or weapons lying around, while I start taking pictures of everything you own. Meanwhile, you’re frantically calling your friends to see if they have a warm, dry corner you can sleep in.

As you’re dialing, workers are carting off your stuff before your unbelieving eyes.

The next day, on the advice of one of your “knowledgeable” friends, you will call and demand that I give you your stuff or you’ll call “your attorney.” 

I will advise you that I would be happy to arrange for you to get your stuff, as soon as you pay inventory, moving, and storage costs. But you have no money. “That’s OK, “ I say. “You have thirty days.”

But at the end of the thirty days, you haven’t lifted a finger to retrieve your stuff. The workers happily load everything into a trailer, driver out to the landfill, and push it off into the vast, stinking wasteland before they are crushed by a huge Caterpillar 836 Landfill Compactor.

I send you a bill for the back rent, late fees, eviction cost, inventory cost, moving cost, storage cost, moving again cost, and dump fees.

I need to speak to my landlord. He requested to be left alone. Now he's evicting us without listening to me. What should I do?

When you are served with the notice that the landlord has filed for eviction, file your answer. That will force a hearing in front of a judge. At that time, you will be able to provide your evidence to the judge that you did not (or did, depending on the cause of the eviction) do whatever you are being evicted for doing (or not doing). Nothing else matters. Only your proof of why the landlord is wrong in his reason for the eviction.

In a non-payment eviction, the burden of proof is on you. The landlord doesn’t have to prove you didn’t pay - you have to prove you did.

In all other evictions, the burden of proof is on the landlord. He must prove that you did (or didn’t do) whatever he is using as grounds for the eviction.

In other words, if you’re being evicted for non-payment, you provide copies of your rent receipts or written proof that the landlord made payment arrangements with you. If you’re being evicted for leaving your trash cans out, the landlord must provide the proof of his claim.

What is a Rent Collection Agency?

A rent collection agency, also known as a debt collection agency, is any company that specializes in collecting delinquent rent payments from tenants. Delinquent rent payments are rent payments that have not been submitted by the date that they are due.

These companies are typically the best choice for property managers. This way, they do not waste their own time or resources tracking down a tenant who has not paid rent. Agencies have debt collectors that are knowledgeable of all debt collection laws outlined in the Fair Debt Collection Practices Act (FDCPA).

This means that they will be much better at dealing with delinquent tenants in a completely legal way.  They also employ people like skip tracers, attorneys, private investigators, and professional collection agents. These teams of people can be very aggressive with their rent collection efforts, meaning you will probably get your payments.

Some agencies offer a flat fee program that allows the property manager to instantly report the delinquent tenant. Thus, the tenant will be reported to the three major credit bureaus and will receive multiple collection letters to the rental address. These credit reporting agencies can heavily influence the tenant's future ability to receive loans or rent properties.

A delinquent rent collection agency uses various methods to convince the tenant to pay their debts on all past due accounts. However, there are other methods that landlords can use to get their debts paid.

Below, we have listed some of these methods.

Rent Collection Agency Alternatives

Personally Claim Payments

If the landlord believes that the tenant may pay the rent if they are confronted, they can personally go and attempt to get their money back. This is typically the case when the tenant's lease agreement expires and they simply leave the property with unpaid debts.

In this case, it may be rather difficult to locate the tenant. This is because tenants will not always offer a forwarding address. This means that it is up to the landlord to figure out where the tenant is currently living and send them a notice to pay their outstanding balance.

The best way to start in this process is by sending a letter to the tenant's last known address, even if it is the rental property. When this is done, it is important to mark the front of the envelope with "Address Service Requested" or "Address Correction Requested". When this is requested and purchased, the United States Postal Service will research their database for the new address and forward the letter there.

Going through this process saves the time of finding and hiring a rent collection agency. However, if this doesn't work, the landlord may have to move on to other methods.

Credit Bureau Reporting

Another thing that landlords or property managers can do is report the outstanding debts to a credit bureau. This would usually be done by the rent collections agency if one is hired.  When the debt is reported to the credit bureau, it will stay on the credit reports as unpaid rent. To remove this debt from their file, a tenant must get it cured, meaning they must pay the debt.

Small Claims Court

Another way for landlords to collect money from their tenants is to file a small claims case. If all local court rules are followed, and the lease terms are adhered to, the landlord may be able to collect money for additional damages, late fees, and legal fees.

Although this method could end very favorably for the landlord, it also requires a ton of time and resources from them. For this reason, whether or not to file with the small claims court depends on the amount of money that your tenant owes.

Now that we know about the various methods to collect unpaid debts, let's go over some tips to not have to deal with tenants that do not pay rent.

How to Avoid Using a Rent Collection Agency

Although a rent collection agency is supposed to get a landlord all of his money back, it would be ideal to not have to rely on one to get paid. Below, we have included some tips to make sure your tenants pay their rent.

Tenant Screening

Conducting tenant screening is extremely important when it comes to finding tenants that pay rent. As mentioned before, unpaid rent can be reported on credit reports, which show up when a tenant is screened. This means that a landlord can find out whether the tenant has a positive or negative payment history through tenant screening.

Clear Rent Collection Policy

Having a clear rent collection policy is essential. A policy that is clear and easy to understand allows the tenant to know exactly what the lease terms are and what is expected of them. This way, the rent collection terms can never be disputed, as they were always included in the lease.

Offer Payment Alternatives

Another way to help tenants get rent paid on time is to offer multiple payment options. By offering multiple payment methods, the tenant may have access to an easier method of payment for them which will result in more on-time payments for the landlord.

TENANTS RIGHTS: 

You can give a cease and desist notice to an abusive landlord who breaks the law and violates your privacy. Send it registered mail and require a written response within 3 days. Get both notarized and have the post office date stamp the letters before sealing. Priority mail is trackable and therefore registered by the tracking number. If they don’t answer send a registered certificate of nonresponse, then whatever terms you requested in the first cease and desist letter, becomes a contract by default and a court will uphold in your favor unless the landlord has the Judge in his pocket! You COULD file it with the clerk of the court. Now you have grounds to break the lease, documented, witnessed by the government, and filed in the public 

How do I rent with an eviction from 3 years ago? I'm homeless because of the eviction. What do I do?

Much will depend on WHY you were evicted.

Most landlords won’t even consider you, unfortunately, but your best bet will be a private landlord rather than an apartment complex.

Private landlords make their own decisions on who to accept, where an apartment complex manager often has a set of rules she must follow and cannot deviate from them.

You need to have a GOOD reason why you were evicted. What happened? Why didn’t you work out an arrangement with the landlord to avoid eviction? Why didn’t you vacate during any of the “cure or quit” notices to avoid eviction? These are all questions you need to have very good answers to because the landlord will want to know before agreeing to accept you. An eviction on your record makes you a bad risk.

Contact a realtor and explain the situation. Ask her to find you a landlord who will accept you even with the eviction. If you can pay an extra deposit, offer to do so. Or to pay X months of rent upfront. It will show that you are serious and that you have overcome whatever problem you had in the past and it won’t happen again.

What will happen if the tenant moves out before the eviction hearing without paying rent?

That depends on the landlord, exactly when the tenant moves out, and whether the tenant actually moves out properly or just scats in the middle of the night. Plus, laws vary WIDELY by jurisdiction, so what happens in my US state, may not happen elsewhere.

In my state, if the tenant leaves during one of the “quit” notice periods (“cure or quit” or “unlawful detainer”) then the eviction cannot proceed. The landlord simply takes his case to (hopefully) Small Claims Court for unpaid rent, damages in excess of the security deposit, legal fees, etc. In the meantime, he thanks his lucky stars he got rid of a bad tenant and gets the property re-let as fast as possible.

If the tenant does not move out during one of the quit periods, then the case moves on to eviction court so the landlord can legally get his property back. If the tenant fails to file an answer to the eviction notice or files but fails to show up for the hearing, the landlord automatically wins. He will then have law enforcement officers enter the premises to ensure no tenants are still skulking about, changes the locks, removes any abandoned property, and moves forward with Small Claims Court for unpaid rent, damages in excess of the security deposit, legal fees, etc.

Can I not give my Landlord permission to enter the property?

NO. You have the right of peaceful enjoyment - he has the right to inspect the premises with a 24 hour notice - unless there is an emergency. In case of emergency, no notice is required.

Does he need a reason to inspect? No - but your desire to lock him out of the premises and bar all access and call the police should he DARE to exercise HIS rights is reason enough for him to inspect the property at least once a month.

If you want to live somewhere where you can call the police on any and all who come without your permission - buy a house.

The lease does not eliminate the rights of ownership - it sets limits. The RTA sets limits. Yes, the landlord can go to his occupied rental property - after giving notice to the tenant. Not asking permission - giving notice.

What is required in this notice?

• The address of the property.

• A general time range (between 1:00 and 5:00)

• The date.

• The time range must start 24 hours after it was posted (not read, posted)

• The reason - could be as vague as inspection.

If you deny access, you are an obstructive tenant and must be removed. Obstructive tenants are high risk and some have essentially stolen the property.

Tenant rights do not violate landlord rights. Landlord rights are limited enough, but restricting them further will force people out of the profession.

I had tenants change the locks on me. I changed them - and some of those (if they were obstreperous or malicious) I evicted for lease violations.

I had a tenant call the police on me - it was embarrassing for the officer.

Not recommended.

Understand you declare war if you try it and will lose.