I spoke with my PM today and she tells me that on Monday, my tenant paid $550 of the $750 rent due and he promises to pay the remainder by the end of the week. She told him he better or she will be at the courthouse on Monday starting eviction procedures. I agreed that I want him evicted if he hasn't paid by then. From everything I've heard, it's bad practice to accept a partial rent payment and, if it were me, I wouldn't have accepted it. However, I am going to defer to her judgment, since she does this for a living and I don't.
I also found out the repairs the tenant asked for are relatively minor: caulking around a sink, once of the electric stove burners doesn't work, etc. Nothing too major.
Thursday, May 17, 2007
Partial Rent Received
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5 comments:
In many areas, accepting partial rent will preclude a judgment for eviction.
Yup. This is why I am leaving it in the PM's hands. I am assuming she knows the laws of Oklahoma. (I know, I know... assuming is not a good thing..)
How much will it cost evict in Ok? Does the pm cover that cost or do you?
Good question. I know here in AZ, I have a company that will do it for .. I think it was under $200.. I'd have to check, but $75 comes to mind. Anyway, my lease here stated the tenant pays for all legal costs associated with eviction, so the tenant pays. I just checked my Oklahoma lease and it states, and Oklahoma law provides, that in the case of default, the lessor (me) is entitled to all attorney's fees and costs associated with legal action. So if I do have to go to court to evict, the judgment will include that the tenant has to pay legal fees.
Wow... I'm jealous seeing those eviction costs... The last eviction I performed here in NJ cost me approx $5000 in legal fees. And that was about average. Damn tenant friendly NJ!!! And on top of that, I had to give them 3 months to move out...
However, I had a multifamily in Memphis, TN where the attorney charged a flat fee of $250.. That was more like it. And as soon as the judgement was made in court, I had my property manager move all the tenants belongings out to the curb. Funny how different things are in different parts of the country...
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