Eviction

[Peter Mckernan]

Hey everyone, I had a quick down and dirty question about evicting tenants. I have a tenant that is in her first month of renting and before she moved in she gave one and a half times the rent for a security deposit; however, it's almost the middle of the month and no payment yet. So, I wanted to know how long someone will wait till a person. Should be evicted? Thanks, Peter

[Aly W.]

Unfortunately, this sounds like an expensive lesson learned. Never give a tenant the keys without a money order/cashier's check in hand for the full amount - rent and security deposit. Going back even further, consult an experienced landlord/tenant law attorney to draft your lease and learn the steps to file an eviction *before* you ever need to. Never wait an extra day...as others have said, you can always stop an eviction if the tenant pays up.

I had a husband and wife stop all communication when they only paid part of a month's rent. Up until the 5th, I was calling and emailing and texting. Husband's cell phone had been disconnected. I had my contractor stop by to verify if they were still living there. They were. A Pay or Quit notice from my attorney got a response the next day. An empty promise to pay the rent, no explanation for what happened. They didn't pay, the eviction went forward, they were out 4 - 5 weeks later. The longer you wait, the longer it will take to regain possession of your property. They may well have a family or medical problem, but that is not your problem. If you lost your job or had a medical problem, would they pay your mortgage?