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What happens if my tenant doesn't pay the rent?
This is really a two part question: "What happens to the
tenant and what happens to me?" First off, here's what happens to the
tenant:
 | On the second day after the rent is due and unpaid, we
prepare and deliver the state-required "3-Day Notice" (this must
be posted or delivered to tenant before any legal action for collection or
eviction can be initiated). This grants the tenant 3 business days to pay
the rent or get out. |
| If the rent remains unpaid at the expiration of the
"3-Day Notice" we turn the file over to our attorney. The attorney
prepares a complaint and files suit in County Court for eviction. A summons
is issued and delivered to tenant or posted at the property by a licensed
process server. |
| The summons gives the tenant 5 business days to answer the
complaint or face removal. If the tenant wishes to contest the eviction,
State Law requires that he/she pay the rent due to the court at that time. |
| If the tenant fails to answer the summons and complaint
within 5 business days, the court will issue a Writ of Possession ordering
the Sheriff to remove the tenant and deliver possession to the Owner (or
his/her agent...namely us). |
| If the tenant answers the complaint and summons, a date is
set for hearing and mediation. If the tenant can pay the rent, the matter
can usually be disposed of in mediation in the form of a stipulated
settlement to the case, obligating the tenant to keep the rent current or
face immediate removal. If the tenant cannot pay or is being removed for
some other cause, the judge will try the case and, assuming the case is
valid, will order the tenant removed and the Clerk will issue a Writ of
Possession. |
| After the Writ of Possession issues, it is forwarded to the
Sheriff. The Sheriff's staff takes about a week to get around to posting it
on the property. The Writ, when posted, notifies the tenant that he/she will
be removed without further warning after 24 hours |
| Typically the sheriff will schedule the actual eviction
within a week or so of posting the Writ of Possession. |
Total time, therefore, depends on whether the tenant answers
the eviction summons. Of course, if the tenant does not have the rent money and
or does not intend to pay you, it is not likely he/she will defend the case
since to do so he/she is required to pay the money owed to the court.
The next question is: What does this all cost?
| Attorney's fees to prepare complaint and process
uncontested eviction $300.00 (average). |
| Filing fee to Clerk of Court $195.00 |
| Process Server (average) $35.00 |
| Sheriff fee to serve Writ of Possession $95.00 |
| Labor to remove personal property if tenant is physically
evicted (most move out). |
| Attorney's fees to appear in court if required $200/hour
(average) |
Last question: Who pays for this?
| Assuming you move quickly and are reasonably lucky on
timing, the tenant does since you will usually have a month's security
deposit and a month's advance rent collected when the lease is formed. These
monies will obviously be due to you if and when the tenant is removed by
court process. |
| If the tenant settles the case by means of a stipulation,
they do either by negotiated payment arrangement or by deduction from their
security at departure. |
Does this happen frequently: no, but it does become necessary
with some tenants. The choices are simple, you sell a "wasting asset",
time. If they are taking up the property and not paying rent, then that time can
never be recovered and re-sold. Most owners, unfortunately, fall victim to
various stalls, dodges and promises from tenants unable to make the payments or
are scared of the costs involved. But the longer you delay, the worse off you
are since the tenant then has no inducement to either pay or leave. At some
point he/she will owe you more than he/she would have to pay to obtain a new
place. At that point, you are doomed. Our program is designed to see that this
situation does not take place. We act while the tenant still has prepaid rent
and security at stake.
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