Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
General Landlording & Rental Properties
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated about 10 years ago,

User Stats

42
Posts
5
Votes
Handie Kunen
  • Rental Property Investor
  • Bedminster, NJ
5
Votes |
42
Posts

Tenant not paying rent; Moratorium on evictions during holidays; evict or wait?

Handie Kunen
  • Rental Property Investor
  • Bedminster, NJ
Posted

Hi all,

I have a situation where a tenant of 3 months has not paid his November rent.  Our property manager has called, emailed, and shown up at the door trying to hunt him down to get an answer but got no response. A note is on the door to call the property manager immediately.  The tenant did not pay on the first of the month, and then gave an excuse and a promise to pay last Friday, but never showed up with the money and has now not responded to us.

We'd like to file an eviction.  The property manager told us that if we file a ten day notice to pay rent or quit, we could then file with the court. 

However, due to the holidays approaching, the first hearing would be December 3rd.  After that, there is a moratorium until after the holdiays, and eviction could not be performed until January 2015.  We can handle the attorney fees, but we want to give the tenant as little time as possible to destroy the property. 

Question is, do we post the ten day notice now and proceed to evict? Or, do we wait until January, hope to collect for November and December, and eat the loss?  Any other options, like paying the tenant to leave?

FYI, the tenant doesn't have great credit history and gave us problems on the first month citing a water issue as to why he withheld rent. We want him out, help!

Thanks!!!

Loading replies...