how far do you let your tenant get behind in rent?

Question

How far do you let your tenants get behind in rent before filing a complaint with the courts and proceeding with eviction. Also do you have last months rent as well as security deposit or only security?

Also how much does it cost you in your county to file a complaint? My county costs $160 if you do it yourself.

Also how much does it cost you in your county to file a complaint?  My county costs $160 if you do it yourself.

JD Martin · Answer

Technically, we require first/last/deposit from everyone. We just end up waiving or returning the last month for qualified applicants who sign the lease paperwork and prepare payment. Our lease technically requires all. We also do first qualified in, first qualified out (with numbered applications) so that no one could likely successfully claim discrimination. Have good standards and a good system and it will protect you in most situations.

Yvette M. · Answer

Zero. Rent is due on 1st.  On the 2nd tenant gets a 3-day pay or quit.  4th day I file UD.  Ive already been to that rodeo

JD Martin · Answer

5 days, as prescribed by state law here. We usually do first + deposit, but will occasionally do first+last+deposit if the tenant has some credit missteps but otherwise qualifies. Technically, if you have them waive their right to notice, you could just file on day 1 past due, but the state gives them 5 days to pay without further penalty, so we would just wait for day 6 anyway. If they don't waive their rights to notice it can take a bit to get them out, but if they do waive their right to notice (and all of our leases have that clause), which they are allowed to do, they only get a couple of weeks to be gone.

Deanna McCormick · Answer

Rent Due 1st

Late notice the 2nd

Late notice the 3rd saying pay or quit will be give on the 4th.

Pay or quit notice the 4th

File by the 6th or 7th. if no payment arrangement has been made.

Usually this get us a court date of the 20th to the 24th. We are able to personally do court without attorney.

Filing fees are about $350.00 Sheriff to serve is $50.00 plus mileage.

Sheriff to post 24 hour notice to vacate once court order is entered is $50.00 plus mileage.

Security deposit 1 month's rent.

Thomas S. · Answer

Our regulations are extremely pro tenant so we react immediately when rent is not received in full on the 1st. We give notice on the 2nd, without exception, and the tenant has 14 days to pay. If the tenant has not paid in full by the 14th day we file the eviction the next day. We do not use a lawyer. Our filing fee is $160 which the tenant reimburses to the landlord along with rent owed. Tenants can draw the process out with numerous delays and it is not uncommon for a tenant to live rent free for 3-6 months before the sheriff can do a physical eviction. Odds are if it goes to eviction the tenant has no intention to pay and as a policy we automatically have the landlord tenant board order processed as a Small Claims Court application.

We are not allowed to collect any damage deposits, only first and last.

John S. · Answer

For me it depends. If they let me know they will be late before the 1st, I will try to work with them. If they don't send any notice, I put out a text to them on the 5th to remind them that late fees are being charged. If still no word from them, I will post their 3 day notice on the 6th or 7th. I typically will file around the 10th.  Up here it takes 3 weeks to get them served and in court.

Matthew Paul · Answer

I already have the papers filled out for each tenant , the only thing I need to add is the date and amount owed .  On the 6 th day I file . I explain this to the tenant when I sign the lease . I tell them plain and simple , I dont care about excuses , I am an equal opportunity evictor .

Rosston Smith · Answer

Rent is due 5th, 7th Pay or Evict is issued, 10th Eviction is filed.

Russell Brazil · Answer

About a week later from whatever the late date is as prescribed by county law for the property in question. One county I own in, rent isn't late till the 10th of the month, so that one I let go to about the 17th.

John Thedford · Answer

Follow your state laws. I get 1st and security but I load up on security deposits. The longer you let a tenant get behind the lower your chances of collecting.

how far do you let your tenant get behind in rent?

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