Eviction advice…

[Coronita]

So the story goes that…

General question. Said relative has rental property and has been dealing with a difficult tenant for some time.

Recently, relative raised rent by $200/month…Tenant doesn’t acknowledge rent increase and continues to pay old rent…Notices were sent via certified mail/etc…Still no response….

Can said relative begin eviction proceedings?

[urbanrealtor]

Pretty sure they can but they should not continue to accept partial rent.
It suggests that they approve of the lower payments.
If it were my client (and I were the property manager) I would refuse the smaller check and advise the tenant that it would be inappropriate to accept money when I am already scheduling a date for the sheriff to punch out the locks.

I have found that generally has the effect I look for.

My two bits.

[urbanrealtor]

Pretty sure they can but they should not continue to accept partial rent.
It suggests that they approve of the lower payments.
If it were my client (and I were the property manager) I would refuse the smaller check and advise the tenant that it would be inappropriate to accept money when I am already scheduling a date for the sheriff to punch out the locks.

I have found that generally has the effect I look for.

My two bits.

[urbanrealtor]

Pretty sure they can but they should not continue to accept partial rent.
It suggests that they approve of the lower payments.
If it were my client (and I were the property manager) I would refuse the smaller check and advise the tenant that it would be inappropriate to accept money when I am already scheduling a date for the sheriff to punch out the locks.

I have found that generally has the effect I look for.

My two bits.

[urbanrealtor]

Pretty sure they can but they should not continue to accept partial rent.
It suggests that they approve of the lower payments.
If it were my client (and I were the property manager) I would refuse the smaller check and advise the tenant that it would be inappropriate to accept money when I am already scheduling a date for the sheriff to punch out the locks.

I have found that generally has the effect I look for.

My two bits.

[urbanrealtor]

Pretty sure they can but they should not continue to accept partial rent.
It suggests that they approve of the lower payments.
If it were my client (and I were the property manager) I would refuse the smaller check and advise the tenant that it would be inappropriate to accept money when I am already scheduling a date for the sheriff to punch out the locks.

I have found that generally has the effect I look for.

My two bits.

[EconProf]

Assuming the rent increase was valid (proper advance notice, amount does not exceed local guidelines–as in City of San Diego, etc.), then relative should immediately cash proferred check and give 3-day notice to pay remaining due rent.
In general, never turn down offered rent, since it lessens the financial hole landlord is in if this develops into a pissing contest in court. At this point the tenant seems only to be $200 short, which is not a big burden for them to come up with.
However, if tenant has not complied with rent increase in the past and landlord has not been vigilant in enforcing the increase, then landlord has implicitly accepted old rent as valid.
BTW, a hefty rent increase is not a bad way to get rid of a troublesome or expensive-to-keep tenant. Puts the option to move on the tenant and fairly imposes the appropriate burden on them if they chose to stay. Obviously, first be sure you are a good landlord in every respect.

[EconProf]

Assuming the rent increase was valid (proper advance notice, amount does not exceed local guidelines–as in City of San Diego, etc.), then relative should immediately cash proferred check and give 3-day notice to pay remaining due rent.
In general, never turn down offered rent, since it lessens the financial hole landlord is in if this develops into a pissing contest in court. At this point the tenant seems only to be $200 short, which is not a big burden for them to come up with.
However, if tenant has not complied with rent increase in the past and landlord has not been vigilant in enforcing the increase, then landlord has implicitly accepted old rent as valid.
BTW, a hefty rent increase is not a bad way to get rid of a troublesome or expensive-to-keep tenant. Puts the option to move on the tenant and fairly imposes the appropriate burden on them if they chose to stay. Obviously, first be sure you are a good landlord in every respect.

[EconProf]

Assuming the rent increase was valid (proper advance notice, amount does not exceed local guidelines–as in City of San Diego, etc.), then relative should immediately cash proferred check and give 3-day notice to pay remaining due rent.
In general, never turn down offered rent, since it lessens the financial hole landlord is in if this develops into a pissing contest in court. At this point the tenant seems only to be $200 short, which is not a big burden for them to come up with.
However, if tenant has not complied with rent increase in the past and landlord has not been vigilant in enforcing the increase, then landlord has implicitly accepted old rent as valid.
BTW, a hefty rent increase is not a bad way to get rid of a troublesome or expensive-to-keep tenant. Puts the option to move on the tenant and fairly imposes the appropriate burden on them if they chose to stay. Obviously, first be sure you are a good landlord in every respect.

[EconProf]

Assuming the rent increase was valid (proper advance notice, amount does not exceed local guidelines–as in City of San Diego, etc.), then relative should immediately cash proferred check and give 3-day notice to pay remaining due rent.
In general, never turn down offered rent, since it lessens the financial hole landlord is in if this develops into a pissing contest in court. At this point the tenant seems only to be $200 short, which is not a big burden for them to come up with.
However, if tenant has not complied with rent increase in the past and landlord has not been vigilant in enforcing the increase, then landlord has implicitly accepted old rent as valid.
BTW, a hefty rent increase is not a bad way to get rid of a troublesome or expensive-to-keep tenant. Puts the option to move on the tenant and fairly imposes the appropriate burden on them if they chose to stay. Obviously, first be sure you are a good landlord in every respect.

[EconProf]

Assuming the rent increase was valid (proper advance notice, amount does not exceed local guidelines–as in City of San Diego, etc.), then relative should immediately cash proferred check and give 3-day notice to pay remaining due rent.
In general, never turn down offered rent, since it lessens the financial hole landlord is in if this develops into a pissing contest in court. At this point the tenant seems only to be $200 short, which is not a big burden for them to come up with.
However, if tenant has not complied with rent increase in the past and landlord has not been vigilant in enforcing the increase, then landlord has implicitly accepted old rent as valid.
BTW, a hefty rent increase is not a bad way to get rid of a troublesome or expensive-to-keep tenant. Puts the option to move on the tenant and fairly imposes the appropriate burden on them if they chose to stay. Obviously, first be sure you are a good landlord in every respect.

[PCinSD]

Is there a written lease? Verbal lease? What are the terms? Month to month or a fixed period?

If you want to make a case for non-payment, DO NOT CASH/ACCEPT the check for the lesser amount. The future Defendants will use your acceptance of that amount as contractually agreeing to the next month at that rate. Once you cash it, you’ve basically agreed to that rate.

If your goal is to get rid of that tenant, do not cash the check. Give the 3 day notice. Use the expedited procedure that exists for unlawful detainer cases.

[PCinSD]

Is there a written lease? Verbal lease? What are the terms? Month to month or a fixed period?

If you want to make a case for non-payment, DO NOT CASH/ACCEPT the check for the lesser amount. The future Defendants will use your acceptance of that amount as contractually agreeing to the next month at that rate. Once you cash it, you’ve basically agreed to that rate.

If your goal is to get rid of that tenant, do not cash the check. Give the 3 day notice. Use the expedited procedure that exists for unlawful detainer cases.

[PCinSD]

Is there a written lease? Verbal lease? What are the terms? Month to month or a fixed period?

If you want to make a case for non-payment, DO NOT CASH/ACCEPT the check for the lesser amount. The future Defendants will use your acceptance of that amount as contractually agreeing to the next month at that rate. Once you cash it, you’ve basically agreed to that rate.

If your goal is to get rid of that tenant, do not cash the check. Give the 3 day notice. Use the expedited procedure that exists for unlawful detainer cases.

[PCinSD]

Is there a written lease? Verbal lease? What are the terms? Month to month or a fixed period?

If you want to make a case for non-payment, DO NOT CASH/ACCEPT the check for the lesser amount. The future Defendants will use your acceptance of that amount as contractually agreeing to the next month at that rate. Once you cash it, you’ve basically agreed to that rate.

If your goal is to get rid of that tenant, do not cash the check. Give the 3 day notice. Use the expedited procedure that exists for unlawful detainer cases.

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