Periodic 2 month Lease vs 2 year lease

[Wilco Ravestijn]

Let me start out with saying I know I should probably replace the tenant however, I'm curious about my short term options.

We're 6 months in to a 2 year lease. He's paid late every month and always in 2 installments and currently I have not charged him late fees. I'm thinking about making him a deal and writting up a new lease agreement where we split up the rent into 2 payments. 60% by the 3rd or there will be late fees and 40% by the 16th or there will be late fees. Also the new lease will be a periodic lease of 2 month intervals. 

In this manner, will it give me an advantage if he defaults on lease payments because I can simply not renew basically discharging the agreement and have him out by end of lease? As a posed to him defaulting and then I have to perform eviction proceedings which is costly and probably takes longer. What do you think? Thanks for your help.

[Jeff Rabinowitz]

Originally posted by @Wilco Ravestijn:

Let me start out with saying I know I should probably replace the tenant however, I'm curious about my short term options.

Do not let your tenant train you. It will not end well. I assume your tenant is in violation of the lease every time they pay late. You should begin to enforce the late fee provision immediately. It seems you are willing to accept this payment pattern and even accommodate it. Personally, it seems like that would be much too much work but that is your prerogative. If you tire of the exercise you should be able to evict based on repeated late payments. (Enforcement of the late fee may change the behavior.)

I don't see what you hope to gain by modifying your lease to fit your tenant's poor payment pattern. If they don't pay and do not voluntarily move after you terminate the modified lease you will still have to evict them. Modifying the lease will set an extremely poor precedent if another issue arises.