evict now vs evict next month?

Question

My tenants have been 3-4 weeks late every month since lease started 6 months ago. I have filed 4 failure to pay rent forms with District Court of Maryland. The 4th failure to pay rent form (March) was filed at the end of March, which allowed me to ask for Aprils rent as well since the due date of April 1st would fall before court date (April 8). The tenants have since paid the balance of March rent but have failed to pay anything for April. I filed the Warrant of Restitution last week to start eviction. If my tenants pay Aprils rent before the Sheriff and I decide on a party date, the eviction is cancelled. On May 2nd, I believe I can file my 5th failure to pay rent form (even tho they have told me for the 5th time that next months rent will be paid on time), asking for No Right of Redemption which does not allow them to stop an eviction even if they pay.

Would it be wrong of me to start a 2nd eviction process on May 2nd (No Right of Redemption), which will be only 1 week after they pay me Aprils (fingers crossed)?

Rick H. · Answer

I have no clue about eviction laws in your state. However, if you don't want them, get them out now. Best time to find a better tenant is coming up soon.

I also suggest you create a policies and procedures manual for your operation. It's a lot easier to evict when you've made the policy in advance and just follow the manual. Decisions are a snap.

Here's the conversation you have with the tenant:

"Sorry, it's just not working out."

The definition of maturity is learning how to say 'no' in one word.

Steve Babiak · Answer

That is something you should be able to identify at the time of tenant application; such legal obligations could be identified by looking for legal actions involving any applicant.  I always do searches for applicants in all of the various court records in my area; I even identify traffic violations for anybody who has driving as part of their occupation.  There would be a legal action in the court record for the child support, and you would then add that to the applicant's monthly obligations in determining their "DTI".

Rica Greenwood · Answer

in central Texas, best way to evict is not to accept payment.  once accepted, it proves to the court that tenant made good faith to pay and as such, does not need to be evicted.  your lease agreement should have stated for additional fees for every day it's late.  in addition, it should also state as to how often you would allow for late rent and repercussion.  evictions vary by state and local so you should refer to your laws.  all the best.

Wallace Audena · Answer

@Jay S. : it sounds like to me these tenants are professionals. Before you evict them, you might want to find out from their previous landlords on what condition they left their property....meaning they could end up trashing your place if evicted, which could cost you more in the long run had they stay in and finish out their lease; then afterwards, maybe you can decide not to renew their lease.

Joel Owens · Answer

Hi Jay,

You can just tell the tenant the rent has to be paid. You have to pay the bank and they do not care about your tenants problems.

You didn't create the tenants life's issues but they now want you to suffer monetarily for them. Your run a business period. This is why I do not like pro-tenant states or long eviction time line areas. It makes it  really hard to go a long time and eat up your reserves versus areas where it is 30 days and they are out. The tenants know this in those areas and most of the time will not pull such things.

You have to be able to evict them on Christmas as a landlord if they do not pay. It's either you or them that will pay the price.

No legal advice

Jay Shepherd · Answer

Sorry ... That's 'right of redemption' .... its 'warrant of restitution' ...... these legal terms are so confusing.

Jay Shepherd · Answer

.............. that was 1 week ago  ... sorry, my saga is written intermittently.

So today ...I received a check for Aprils rent, thank the gods, because I don't think the sheriff was ever going to return my call .....

I did of course have to spend a few hours on my rental fixing a leaky roof ... which I think was a spectacular job by Me, Myself, and I. Of course we will not know of my roofing talents until it rains again. May 2nd is right around the corner which allows me another opportunity to try my best to get the rent paid on the 1st of the month as opposed to the last. Has the euphoria of being paid Aprils rent today somehow clouded my judgement as to what I should do on May 2nd? ..... which is file my 5th failure to pay rent form without right of restitution?

Jay Shepherd · Answer

Thanks for the feedback.

Met with one of the tenants today (boyfriend-girlfriend). A 6 year old answered the door. I am not exaggerating when I say that this meeting was as scripted as any play on Broadway. She tells me she lost her job, they turned off her cable, maybe turning off electric soon, her boyfriends truck broke down so he had to drive her van to work, she pays 1000.00 a month in child support for a kid I had no idea she had, they can barely buy food, shes cashing in her IRA so 'Mays' rent should be on time. She's already spinning the May rent story line even before Aprils is paid! And to top it off, the 6 yr old brings her piggy-bank in to show me how much money she has. It was surreal!!

And I was actually feeling bad until I started to wonder if Bankruptcy was not in my tenants immediate future. Any thoughts?

I just joined BiggerPockets recently and am sorry to add yet another 'pay me the damn rent' story. I appreciate you listening. I hope to some day spend most of my time reading forums on how to handle 10 properties or investing in another state.

Andrea M. · Answer

In my state, if the tenant pay the rent late twice within a calendar year, I can still accept the rent payments and proceed with eviction.

Have you tried to meet and speak with the tenants to find out what's going on with them and so many late payments so often?

evict now vs evict next month?

Most Popular Reply