Attorney Thomas Simeone, partner at Simeone & Miller, LLP, was recently
featured in an
Avvo story detailing the best ways to handle a tenant who is behind on paying rent.
The article details whether, as a landlord, you should threaten the tenant
with eviction, offer an option to break the lease, and what options you may have.
As a landlord, having a tenant who is constantly behind on rent can leave
you dealing with constant frustration. There are various laws in each
state that help determine how these situations should be handled. Landlords
should know that eviction is often costly to them and is sometimes a drawn
out process that only increases the stress of the situation. What should
you do if you have a tenant who is not cooperating and is holding out on rent?
First, consider how they are feeling and what could trigger them. Do they
fear losing the home? Would the threat of action cause them to pay the
rent, or would it cause them to rebel further?
If you threaten action, the tenant may decide to pay because they fear
losing their home. They may already be dealing with some financial problems,
and not wanting to put themselves in a worse position, may search for
alternatives to help make the payments. Sending out the Notice to Quit
gives the tenant a date by which they must pay or face eviction. This
triggers emotions and will force them to act one way or another.
Many tenants who go without paying do so because they are not motivated
to do so and eviction actions or options to break the lease may not change
that. They may feel they can stay and not pay anything because they have
been doing it for so long. An eviction would only prolong this situation
as the landlord goes through the necessary process and the tenant will
continue living in the home without paying rent.
For many cases like this, having a lawyer help you determine the most effective
options is helpful in securing the outcome you desire in the long run.
Landlords need to understand their options and take the steps necessary
to receive rent or evict the tenant without enduring the costly process
and losing more money than they already have.
Follow the link above to read the full text of the article. To speak with
Mr. Simeone or another attorney at Simeone & Miller, LLP, please contact us.