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Updated 3 months ago,
Late Rent Payments Keep Happening: How to handle this situation?
I'm a new landlord. I have had my rental property with tenants in it 7 months. Lease signed March 2024. I went against my better judgment and rented to a non-married couple. He had great income and a great credit score, she didn't, and I had been vetting potential tenants for a month and a half, and I was finally happy to see someone with good income and credit. I went ahead and accepted them, and in the lease they both signed, he is the primary, because her income and credit score would have disqualified her to rent alone.
Two months after they moved in, he called me and said they were having relationship problems and she kicked him out the house. I told him they signed the lease for one year so they BOTH are responsible. So, out of the past 7 months they have been renting, they have been late on the rent 5 months out of the 7 months, but they always end up paying with late daily fees.
On Oct. 1st I received a text from her asking if she could pay partial rent on Oct. 4th and pay the remaining rent on Oct. 20th. I went ahead and agreed because even though they are late, they always end up paying me. I'm trying to be more relaxed than I was in the beginning. Some posters told me I was too strict, and as long as they are paying, be happy.
The rent price is $1350 and she paid $675 on the 4th. I told her the total remaining would be $750 with late fees on Oct. 20th.
Oct. 20th came and went, no payment. She texted me today on the 21st and said her and her bf are separated and he won't help her. So, she quit nursing classes and took on another job to be able to pay bills. She has 3 children, and he bailed. She told me to only correspond with her from now on. Then, she asked, if she could pay the remaining $750 that is currently due for Oct. on Nov 1st. and pay the November rent in full Nov. 15th.
My questions are: What are the best ways to handle this situation. I am not sure how to respond to her request. It seems like the goal post keeps being moved, and technically with him gone, she does not qualify to live there anyways. He can't just leave when he signed the lease? He's still legally responsible for payment, right? Should I give a 5 day notice to pay or be evicted? (Required 5 day notice in Illinois). How would you experienced landlords handle this situation? I obviously won't be renewing the lease, and will need to find new tenants come March. I reached out to my attorney to see what my options are, but always appreciate the opinions of the Bigger Pockets community.
Thank you.