Should I evict my tenant?

Question

My tenant is consistently late on rent for the last 3 month. This month is even worse:

6/7- I sent out a 3 day notice to pay or vacate per law. She replied and asked to pay rent and late fees on 6/16 due to emergency. I said No. I let her know that I would file eviction suit on 6/14 if she didn’t pay or vacate.

6/14- she paid through apartments.com

6/16- payments failed because of insufficient fund. She said something went wrong with the portal. I gave her the benefit of the doubt. I told her it was okay with casher checks. At 0930 PM she dropped of her cashier checks and $400 short. I texted her that I wouldn’t cash the checks and would keep them as evidences for court. I also texted her that  If she moves out by Tuesday 6/20, I will give her checks back, and no eviction will be pursued. If not, eviction suit will be filed. I no longer accept any more payments from her.

6/18- she dropped off the remaining of the payment at 10:15 PM.

My questions are

1. Do I have a good eviction case against her? 2. Will it affect my case if I have the cashier checks in hand but not deposit yet?

Thank you so much for everyone’s input. I really appreciate all your time and help.

Konstantin Ginzburg · Answer

I agree with the comments that have been left so far. An eviction is something that any landlord should be ready to pursue but not something we should pull out unless its a last resort. An eviction will cost you both time and money and typically increases the chances of the unit not being left in ideal conditions which will cost additional funds in order to clean and repair. I would likely not renew this tenant if this much effort is required to get rental payments but I would try to get through the remainder of this lease in order to avoid an eviction. Possibly try to see if there are alternate payment schedules that would work for both of you such as splitting the rent payments to 2 dates each month. I know from experience, a large portion of what increases frustration with tenants not paying rent, is that they also tend to avoid communication when asked about it rather than giving direct feedback or answers. It's not ideal that property owners tend to have to resort to tactics such as initiating eviction proceedings to force tenants to honor their leases but this is often the quickest way to get a response.

Theresa Harris · Answer

I also agree with Donna. Also talk to your tenant and tell her it is clear she's struggling and if she wants out of the lease early, to let you know and give her a week to decide if she wants that option. If she decides to stay, let her know rent is due on time. Once people fall behind, it is hard for them to keep up. For one tenant I had who was paid twice a month, she paid half of the rent on the 1st and the other half on the 15th.

I would not renew her lease.

Chris Merchant · Answer

I have a policy to never accept partial payments, therefore by not depositing the checks you should be fine (depending on your area).  By depositing the check you have accepted it and accepting partial payment will in most cases deflate your eviction case as most courts look at that as an agreement to settle.  By you simply holding onto the check but not depositing it you have not "accepted it" as you can return it to her, but make it clear that rent is due in full at the date listed in the lease no exceptions, and let her know in writing that partial payments will not be accepted and will be returned until the full amount due is provided.  Being that she has already defaulted on a payment with insufficient funds I would also notify her in writing that only certified funds will be accepted from this point forward.

I would also send all notices via certified mail with return receipt requested to her don't let her say you never sent it.

And also keep copies of EVERYTHING.  <<Should go for all correspondence with any tenant in which business communications take place.

Paul De Luca · Answer

You should consult with a local eviction attorney about this and you should also try doing cash for keys before you go the eviction route since it can save you money.

James Hamling · Answer

@Trang Vo have you tried talking to the tenant like an adult vs treating like a toddler, and simply explaining your issues and concerns, and asking "what's going on?".

Yeah, it really can be that simple. It's what I do. Nobody want's an eviction, to have that on record, go through the situation and stress. And I say exactly that, and I say, "what's going on, is this just too much of a financial burden or what's happening?".

Sometimes life happens. Sometimes people get in over there heads. And yes, sometimes people are just dirt-bags. You need to find out which of these they are, is this just a bump in life, or something more. And then do yourself and them a favor and work to resolve it.

If it's not financially viable, make a plan for there move-out, to get into something they can afford.

This is a people business, your a cat herder, if you can't deal with people then find a PM who can.

Nathan Gesner · Answer

Why are you evicting?

Because she didn't pay rent.

Once she did pay rent, you should stop the eviction process. How will you justify eviction when you've collected everything owed?

When a Tenant fails to pay rent, I charge a late fee. If they still fail, I give them a 3-day Pay or Quit Notice and add a $50 charge to their account. If they still fail to pay, I file in court and add the court costs to their ledger. If the Tenant pays everything they owe, including late fees, notice fees, and court costs, then I have not lost anything and they are back in my good graces.

You will not be able to evict a tenant for non-payment of rent when they've paid the rent.

Judy Parker · Answer

Send a Cease and Desist for Habitual Late Payment. I trust your Lease also states that rent is to be paid by the fifth of the month, and if rent is late, there is a $100 Late Fee? Do not accept partial payments. Get an attorney and file for eviction.

Donna M. · Answer

I would just continue to g et through the rest of this lease with her.  You should get the late fees since she is always a little late. I would not want you go through an eviction and it sounds like she Is just struggling but still aware of her responsibilities. Stick it out but give 60 day notice that you won't be renewing.

Ray Hage · Answer

Based on the story, it sounds like tenant is really trying to pay rent and not live for free...and finally paid even though very late.. It is annoying to have the tenant pay late. As a landlord, I fully understand and I have dealt with my fair share of late paying tenants. If she is paying the late fees and rent late, I would probably go easy on her. I have had some tenants struggle from time to time but they always paid even late (especially during COVID).

Have a conversation with her and try to understand why she is paying late. Maybe she had some crazy unexpected bill pop up. Most likely, it is not worth going through the eviction process. You could now ask to move out by end of July. That gives her about 40 days to get her things together and maybe she will leave voluntarily. However, if she is otherwise a good tenant (maintains the property, respectful, good communication, easy to work with if there's an issue, etc), I would be a bit more patient since she is still paying even though late. If she is a pain in the...and pays rent late, well then it is a different story.

Should I evict my tenant?

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