Tenant wants to pay after eviction notice given

[Michell P.]

Hi All, 

Wondering if any of you have dealt with this (in Oregon - not Portland).  I have a tenant who pays late every month.  Could have filed eviction paperwork on him multiple times this year, but I've been trying to work with him.  

Now I'm done trying to work with him and have filed for an eviction - but I'm pretty sure he'll pay rent on the 18th.  It fits his history.  Last month it was on the 15th.  

This means we'll most likely be going to eviction court a week after he'll have dropped a check in the dropbox.  This will be my first eviction - so how does that work?  If I don't accept the payment, will the judge force me to?  I can charge them the court fees, but I can't evict them for not paying those.  Does this just turn into a monthly cycle of going to eviction court until a 60 day notice goes through?  

[Michele Fischer]

Is this a lease or month to month?  If they pay, I would work on getting them to agree to move out on a certain date and not pursue the eviction.  Eviction is lose-lose, try to work out a win-win with them.  Cash for keys, give notice to end the agreement at a certain date that is best for you, whatever it takes to try to move on to a better tenant.  Be firmer with the next tenant, have strong language in the agreement about late payments/late fees, and enforce them.