How late before you evict?

Question

My single family home property is in Indiana.  My tenants (on a one year lease) have been late nearly every month with lots of excuses.  How far behind with no payment before I should evict?

Thanks,

John

Amy E. · Answer

So, these are what I call "looks good on paper" tenants.  I had tenants like this.  They paid late Every. Single. Month.!  Luckily, I knew this going in (I asked their previous landlord how late they paid and he said "as late as I let them").  They were in my property for 10 months and by the time they moved out I had collected an extra months' rent in late fees.  So, on paper, I made a killing on these tenants.  But while they didn't trash the house per se, every surface was filthy and there were roaches galore.  Not very expensive to fix, but I'd hate to think what would've happened to the house long term.

In my extremely limited experience (one data point), tenants that are habitually late also have other issues (people in the house not on the lease, more things broken, more calls, trashing the house, more trouble, etc.).  I guess I would say if they are paying late but are also paying late fees and you have NOOOO other issues with them, it's just extra money you may as well take it.

If you don't like the hassle of them being late, or you typically have other issues with them, pursue an eviction.  Or better yet, give them notice and tell them you'll release them from their lease if they'll just leave.

John Myers · Answer

Payment is due on the first and late on the 5th per my agreements.  I charge a 10% of the month's rent if they are late.  I then give them a 3 day notice and proceed to evict if they don't pay.  Check your state statutes to make sure you follow the law to the letter!!

Cheri Schaffer · Answer

My landlord right now is extremely lenient compared to most.  Rent is due on the 1st, grace period until the 10th, late fee of $40 after that.. and you can get 3 months behind on the rent!  I thought that was a little crazy as far as how long he'll go before evicting.  Though all the tenants in this building are extremely good.

Brian Tremaine · Answer

For my properties rent is due on the 1st and late after the 5th. If we don't have it on the 5th we contact them and there is a late fee. On the few cases we have had an eviction there was no response when we attempted to contact on the 5th. Next step is 3-day notice to start the eviction process.

Gavin Welch · Answer

John.  Rent is due on the 1st.  I give them till the 4th.  They mail it, I do not chase them.  If I don't receive the check, I post a "3-day notice of eviction" on their doors on the 5th.  That typically scares them to pay plus late, and it allows me to start the eviction process here in FL.   Some tenants love to pay late fees, although its annoying the extra money is nice..

Maybe put them on and online payment system that can break it down bi-weekly if they'd like.

David S. · Answer

Rent is due on the 1st and late on the 2nd, unless the 1st is a weekend or holiday.

You need to pick a date in the month when you file the eviction and stick too it, no matter what type of excuse they have. I would NOT let it go past the 10th.  In my jurisdiction, the judge frowns if you file too early in the month.  However, I can take back possession of the unit within 6 to 7 days after eviction is filed.

Elizabeth Colegrove · Answer

I don't put up with BS from a tenant. If you are 1 day late I contact you! The first time I nicely follow up. After that its here is the late fee and the amount due. Than I start eviction. I don't play around!

James DeRoest · Answer

We don't do late fees, we do a three day notice. Either way I'm not being paid.

If a tenant messes you around, personally it's whether you like them or not really. If you think they are just screwing around, by all means start an eviction next time it's late. If it's someone you can live with, well there's your answer. If you think they are genuinely having problems with the rent, do whatever you think is right.

Rich N. · Answer

Massachusetts - ouch is all I can say.1st - rent day, 2nd - serve 14 day notice, 16th - constable to serve summary process and either constable or you setup court date which is another 2 weeks, then if no delay and judge sides with you...another 2 weeks to get them out by themselves otherwise another few days for the court to say "hire the constable and movers", which takes another week.

Cheri Schaffer · Answer

@Rich Ng

That is rough, Rich!  How soon can you actually go through with the eviction process?  I really need to look at Connecticut laws for this as well

How late before you evict?

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