Ask Me Help Desk - How to terminate a lease early as a landlord wa, state

I have a tenant who has lived in my house for 2 and a half months. He paid the prorated rent in march plus deposit. April's rent was 2 weeks late with the excuse that he was going through the bank and the bank mailed the rent to the wrong address. I gave him the benefit of the doubt. Shame on me. Then May's rent was almost a month late. He had more excuses that his phone didn't work and couldn't call me. Never got my calls or texts. Didn't get my letter in the mail reminding him of rent until a week and a half after I mailed it. Served him a 3 day notice to pay or vacate. All of a sudden, he had rent the next day.

I have also been getting complaint from the neighbors (HOA comuunity BTW) that there is more than 1 adult living in the house. He denies this, but neighbors have complained to me. Also there is heavy traffic in and out of the residence causing issues with the neighbors. Again, he denies this saying he is in school every day and works almost every night.

Rent is due on the 1st of the month with a grace period to the 5th. On the 6th, there is a $15 late fee and $5 every day after. He still owes $145 late fee from May, and I have told him it is due before June's rent or it will be deducted from rent. We spoke a week ago about June's rent, he said by the 5th. Today is the 4th, and he is once again not speaking to me. I do not want to play these games every month. I'm betting that he will not pay by tomorrow, and if he does, it won't be june's rent and May's late fees.

Is there anything I can do to get him out of my house so I can get a stable renter in, besides the expensive eviction process? I know as soon as he is served with eviction papers, he is going to live there rent free until a judgment is ordered.

Quote:

Originally Posted by SynysterMystic

I have a tenant who has lived in my house for 2 and a half months. He paid the prorated rent in march plus deposit. April's rent was 2 weeks late with the excuse that he was going through the bank and the bank mailed the rent to the wrong address. I gave him the benefit of the doubt. Shame on me. Then May's rent was almost a month late. He had more excuses that his phone didnt work and couldnt call me. Never got my calls or texts. Didn't get my letter in the mail reminding him of rent til a week and a half after i mailed it. Served him a 3 day notice to pay or vacate. All of a sudden, he had rent the next day.

I have also been getting complaint from the neighbors (HOA comuunity BTW) that there is more than 1 adult living in the house. He denies this, but neighbors have complained to me. Also there is heavy traffic in and out of the residence causing issues with the neighbors. Again, he denies this saying he is in school every day and works almost every night.

Rent is due on the 1st of the month with a grace period to the 5th. On the 6th, there is a $15 late fee and $5 every day after. He still owes $145 late fee from May, and I have told him it is due before June's rent or it will be deducted from rent. We spoke a week ago about June's rent, he said by the 5th. Today is the 4th, and he is once again not speaking to me. I do not want to play these games every month. I'm betting that he will not pay by tomorrow, and if he does, it won't be june's rent and May's late fees.

Is there anything I can do to get him out of my house so I can get a stable renter in, besides the expensive eviction process? I know as soon as he is served with eviction papers, he is going to live there rent free until a judgment is ordered.

Since they are arrears on rent now technically... have them served according to state law in writing with a 30 day notice. If you give them a 3 day pay or quit they can make good on everything and the cycle starts all over.

You can also bring up that when they rented they agreed to abide by all of the HOA bylaws... but getting them out on that also requires the eviction process...

Your only other option is paying them to leave.

Which is more expensive and aggrivating... dealing with this every month... or getting them evicted in favor of someone who will pay the rent?

The POQ for May should have required payment of an amount to include all late fees within the 3 days. Since, evidently, it did not, serve him now with a new one, demanding payment of what he owes today. If he fails to pay that within 3 days, then immediately take him to court for eviction.

Quote:

Originally Posted by SynysterMystic

... I know as soon as he is served with eviction papers, he is going to live there rent free until a judgment is ordered.

And that is why landlords often require payment of first and last month's rent at the get-go.

First if you are going to be a landlord, ( not a charity) you got to get tough and collect your money. Any outstanding balance for late fees or penalties are paid first before the next months rents is paid.

Next if he has fees still due from last month, no he did not pay you the rent if you had did the pay or quit correctly. The pay or quit is to pay the rent and any and all fees. If not paid, he is evicted.

Now, what does your lease say about eviction for being habitial late ? Hope it does, if it does not, you will have to do that pay or quit on the 5th of each month every month.

But I actually loved it when my renters were late each month, do you know how much extra money you make. ** well you would if you have proper late fees, where did you get this copy of a lease from the 1950's ? A proper late fee should be 50 to 70 dollars at least, many are more and then 10 dollars a day additional.

So on new leases fit your fees and penalities to make them actually mean something.

But you can only do what your lease allows you to do, so read it word for word.

When I served him the 3 day pay or vacate notice, per the lease agreement, I included the current rent that was due and the late fees. Upon speaking to a lawyer about eviction, I was told that because I included late fees in the 3 day notice, it is void and the judge would throw out the case. And that if he did pay me rent with in the 3 days, that is satisfactory. However the late fees do still need to be paid before June's rent. He did pay the rent the day after he was served. He is in a 1 yr lease agreement. I have my documents ready to serve him another 3 day pay or vacate. Again, I was told by the lawyer that Washington state laws prohibit me from serving him a 30 day notice because he is not month to month. And a 30 day only applies to month to month leases.

I know he will not have the money to pay full rent plus last months late fees within the 3 day pay or vacate.

My question is whether there is another way to get him out of my house besides the expensive eviction process. I was told there were, however the majority apply to month to month leases.

YOU don't take a one year lease and make it a month to month... without the tenants approval. A lease is a legal contract bound by the terms within it... and BOTH parties are equally bound by them under the law.

And again I ask... where did you get eviction was expensive... more expensive than dealing with someone that owes you money every month and doesn't pay?

He's not legally entitled to live there for a full year without paying lease or no lease... and you aren't legally required to accept less than the full amount due each month.

Repeated failure to pay the rent on time is a breach of lease... and a breach of lease IS grounds for eviction...