Need landlord advise

I have a tenant that just filed for bankruptcy and he has listed me as a creditor, I want to evict him since he is late on rent and probably won't pay anymore. I would like to offer him cash to leave but since I am a creditor I am not allowed to approach him on the "pay him to leave offer" and also what if he doesn't want to leave and continues to be delinquent on rent. I really don't want him there any longer and need him out now. So how do I give him my offer?

 

TIA

 

 

How I have seen it handled in Miami:

 

Hire someone to go by with Boltcutters with thick rubber grips, and cut the power just under the circuit breaker....

 

Or you can cut the power to the air handler....

 

No air-no stay

The legitimate way is to serve him an eviction notice and check what the state laws are. If he is not out by X date, you come back with Police to evict him with force.

I have a tenant that just filed for bankruptcy and he has listed me as a creditor, I want to evict him since he is late on rent and probably won't pay anymore. I would like to offer him cash to leave but since I am a creditor I am not allowed to approach him on the "pay him to leave offer" and also what if he doesn't want to leave and continues to be delinquent on rent. I really don't want him there any longer and need him out now. So how do I give him my offer?

 

TIA

 

Advise is going to be dependent on what state this is in and what kind of lease agreement your tenant has signed with you if any.

 

 

Is he in breach of the conditions of the lease agreement he signed with you or are you working on the assumption that because he filled for bankruptcy he will not have sufficient funds to pay his living expenses?

 

If he breached the lease agreement follow the lease conditions which deal with the situation, if you are uncertain of how to deal with it best bet is to involve a lawyer to help you. Good luck.

What state? and CH7 or CH13?

 

Here in CA BK can essentially put a hold on a UD case for a quite a long time.

 

I'd be talking to an attorney that specializes in this sort of thing, this place isn't going to be much help.

It's here in Ca. other than not paying rent that the only breach as of now. I was trying not to hire a lawyer so I can keep the costs down for him to vacate but if it takes a lawyer then so be it.

Commercial or Residential?

It's here in Ca. other than not paying rent that the only breach as of now. I was trying not to hire a lawyer so I can keep the costs down for him to vacate but if it takes a lawyer then so be it.

 

Hiring an attorney will be cheaper than letting him live there rent free for 6+ months while his BK case proceeds.

 

You need to get on this yesterday, time is of the utmost importance here.

 

Dare I ask, what county?

It's here in Ca. other than not paying rent that the only breach as of now. I was trying not to hire a lawyer so I can keep the costs down for him to vacate but if it takes a lawyer then so be it.

 

Not familiar with lease agreements in your area but here you have to give them notice of the breach, you have to give him a certain amount of time to remedy (not sure how long exactly), after the statutory time passed you can obtain a permit to change the locks, you will then need to give him a certain amount of time to remove his belongings, if he fails to do so they are yours to keep/sell to hopefully recover your loss, read your lease conditions, if you can follow through with it yourself you might not need to involve a lawyer.

 

Are you holding and bonds/deposit/guarantees from the tenant?

 

 

Hiring an attorney will be cheaper than letting him live there rent free for 6+ months while his BK case proceeds.

 

You need to get on this yesterday, time is of the utmost importance here.

 

Dare I ask, what county?

OC

 

Not familiar with lease agreements in your area but here you have to give them notice of the breach, you have to give him a certain amount of time to remedy (not sure how long exactly), after the statutory time passed you can obtain a permit to change the locks, you will then need to give him a certain amount of time to remove his belongings, if he fails to do so they are yours to keep/sell to hopefully recover your loss, read your lease conditions, if you can follow through with it yourself you might not need to involve a lawyer.

 

Are you holding and bonds/deposit/guarantees from the tenant?

Yes we have a deposit

OC

 

 

Yes we have a deposit

 

Hopefully it will cover your losses should you incur any, read the lease conditions and follow through if he's in default, good luck.

Thank you guys

 

I evicted my tenant thru the court. They didn't show up on court date so I got a judgement by default. On e you get a judgement, just go to sheriff to kick them out

 

Not sure how bk works but I thought it prevents you from going after him. But is that for money owed or does that mean you have to continue to furnish your property.

 

Courts are a pita. Lawyer makes it easy but pricey

I have a tenant that just filed for bankruptcy and he has listed me as a creditor, I want to evict him since he is late on rent and probably won't pay anymore. I would like to offer him cash to leave but since I am a creditor I am not allowed to approach him on the "pay him to leave offer" and also what if he doesn't want to leave and continues to be delinquent on rent. I really don't want him there any longer and need him out now. So how do I give him my offer?

 

TIA

 

 

get a lawyer who specializes in real estate landlord law asap and they will file a relief from the automatic stay (11 United States Bankruptcy Code Section 362(d).)

You can't touch him. He's now covered by whatever the bankruptcy judge decides. You can start eviction proceedings but don't expect that to move quickly. He'll get stays etc so he can "get his life together to pay creditors"

 

Been there done that. I ate a years worth of rent for some jerkwads

You can't touch him. He's now covered by whatever the bankruptcy judge decides. You can start eviction proceedings but don't expect that to move quickly. He'll get stays etc so he can "get his life together to pay creditors"

 

Been there done that. I ate a years worth of rent for some jerkwads

 

Yeah that is my worst case scenario, Honestly I am tired of the rental BS and after this shit I probably won't lease out again.

 

 

 

Yeah that is my worst case scenario, Honestly I am tired of the rental BS and after this shit I probably won't lease out again.

 

It's not for everyone and a little operating capital goes a long way.

 

You generally don't have to deal with this Shit in section 8 tenants, just other forms of bullshit.

 

Unfortunately those situations usually generate the best returns. Ask MODO

Does he owe you any back rent? that is really the only way that he could list you as a creditor. Bankruptcies are to take care of old debt not to service existing debt. He is going to continue to need a place to live.

 

I would first off call him and find out what his intentions are. If he says that he intends not to pay then start eviction proceedings. if he says he still plans to pay, I wouldn't believe him and if he doesn't pay then I would start proceedings.

 

the thing you and he have to realize is this. He needs a place to stay (unless he has other arrangements like mom). It will me MUCH more difficult to find another place to stay after he has filed for bankruptcy and stiffed you a bunch of money and potentially trashed your place. so it would be in his best interest to continue to pay you regardless of the outcome of his bankruptcy.

Does he owe you any back rent? that is really the only way that he could list you as a creditor. Bankruptcies are to take care of old debt not to service existing debt. He is going to continue to need a place to live.

 

I would first off call him and find out what his intentions are. If he says that he intends not to pay then start eviction proceedings. if he says he still plans to pay, I wouldn't believe him and if he doesn't pay then I would start proceedings.

 

the thing you and he have to realize is this. He needs a place to stay (unless he has other arrangements like mom). It will me MUCH more difficult to find another place to stay after he has filed for bankruptcy and stiffed you a bunch of money and potentially trashed your place. so it would be in his best interest to continue to pay you regardless of the outcome of his bankruptcy.

 

Sadly people are anything but rational while dealing with this stuff and never think about damn, who will rent to me when I have a BK and Eviction on my record from three weeks ago?

 

Hell you would be surprised at the applications I get from people with 2-3 evictions inside of 18 months and wonder why I won't rent to them for any price.

Sadly people are anything but rational while dealing with this stuff and never think about damn, who will rent to me when I have a BK and Eviction on my record from three weeks ago?

 

Hell you would be surprised at the applications I get from people with 2-3 evictions inside of 18 months and wonder why I won't rent to them for any price.

 

 

Sometimes. If you are open and honest with them, sometimes you can get them to talk. I have 168 units and I have seen just about anything you can see.

I was advised that I can not have any contact with him since a was listed as a creditor.

 

I was advised that I can not have any contact with him since a was listed as a creditor.

 

That isn't true. If he owes you old debt you can't talk about that, but current and existing debt you can. What are you going to do if the AC breaks - not talk to him?

That isn't true. If he owes you old debt you can't talk about that, but current and existing debt you can. What are you going to do if the AC breaks - not talk to him?

 

Break it for him!

 

this post is for comedic purposes....pockmark urges all to follow local, state and federal laws.

Sometimes. If you are open and honest with them, sometimes you can get them to talk. I have 168 units and I have seen just about anything you can see.

 

168... Holy Shit man that's fcuking impressive.