When can I start giving eviction notices?

Question

So I have my first tenant who hasn't paid her rent for the month yet. She is over two weeks late. Unfortunately, our contract doesn't say anything about evictions and it only says I can charge her a $20 late fee, but it doesn't specify late charges per day. She's blown me off for the last two weeks but giving me a bunch of excuses why she hasn't paid (I.e it was MLK day yesterday so the banks were closed and she couldn't pull out cash, even though she's always wrote me a check in the past). My question is: how much can I hound her for payment before it's considered harassment? And when I can I start posting eviction notices? And before I do that, are there any supporting legal documents I need before I can give her eviction notices? That might sound like a dumb question but I'm just making sure I am not breaking any law by giving her an eviction notice. Thanks so much! This is the first time I've been dealing with this!

Mindy Jensen · Answer

@Ralph Miller , Rent is due on the first and it's late on the second, no matter what your landlord tenant laws say. You may not be able to charge a late fee for a specific number of days called a grace period, but when rent is due on the first, it is late on the second. Read your state's eviction procedure, and be prepared for February, when she will almost assuredly be late again. Unless you want this to become a monthly occurrence, you will want to pursue an eviction and get a better tenant in there.Your best defense is to follow the law to the letter, and to document every single thing. Go document this month's debacle now, while it is still fresh in your head. Days, times, when you tried to contact her, when she finally got back to you. No detail is too small to write down - it shows you are methodical and organized.Also, look up what methods of notification are considered legal notice in your state. In my state of Colorado, text is NOT a legal method of notice. USPS is always a legal method of notice, and email is legal in my state but I'm not sure about all states.Brandon Turner wrote a great article about the Eviction Process .

Kim Tucker · Answer

there are a lot of resources on http://mokslaw.com/our-resources/ a website for a local Kansas City area attorney (Julie Anderson Clark) who does evictions - she has info mation on when and how and forms to use to demand payment.I would also suggest locating the landlord group in Columbia and connecting with an attorney who is familiar with eviction court judges in your area as the nuances from court to court in the individual state can vary.Julie also teaches on the topic of dealing with tenants. She spoke at a local Landlord group last night, she might be able to recommend a Columbia area attorney for you.

Shane Baganz · Answer

Ralph,I've been in your position. Nobody likes it.I do two things:1) I post the 5 day pay or vacate on their door, then take a picture of the notice. (WI law)2) I send a certified letter with the notice so that I have proof of mailing. I also receive back a returned copy of their signature for proof of their receipt.It's over-kill, but the judge looked at what I did and immediately ruled in my favor. Finally, I set up my rents like this:$750 if paid on or before the 1st.$800 if paid on or before the 1st.$850 if paid the 2nd through the 15th$900 if paid after the 20thI have them initial next to each dollar amount to prove they understand.Sometimes I don't mind them being late.Hope it helps!Shane

Account Closed · Answer

https://www.landlordology.com/missouri-landlord-tenant-laws/

Ralph Miller · Answer

Thanks everyone! She ended up paying before I put an eviction notice on the door but this was very informative about the eviction process!

Greg H. · Answer

It appears you need to give a 5 day notice in Missouri before filing the eviction. If you are not familiar with the process I would suggest using the services of an Attorney In my experience you are past the point of contacting the tenant repeatedly for rent. Once it gets to this point action in the form of a Notice to Terminate is the way to get your point across

Kim Meredith Hampton · Answer

@Ralph Miller as everyone has stated, each state is different, so look up your landlord tenant laws for wherever your property is located. You serve the proper notice on the door or by personally handing it to the tenant. Make sure you have the date and time on the notice. Make two copies before you leave the house; one is to put on the front door and the other is for you (make sure your copy States date and time too. I always recommend taking a photo with your phone of the notice on the door, you wouldn't believe people that say "I never got the notice"!!! Once the price has expired, then you can file for eviction. I always use an experienced Lanldord tenant attorney, they know the laws and judges. Most of the attorneys will ask for your notice that you served, copy of the lease, copy of their tenant ledger, copy of their rental application.Please remember, that any notice, whether it is a ; 3 day, 5 day, 15 day, don't include the day you posted, weekends or holidays . Good luck

Thomas S. · Answer

You need to take the time now to learn your state landlord tenant regulations. You will find them on line.I would not advise you do anything until you learn the codes and procedures to be followed otherwise you may do it wrong and have to start all over.In the future, once you know the regulations, you will never hound tenants again you simply serve the notice as soon as legally possible.

Rich N. · Answer

Each state has their own laws on how fast you can serve the eviction notice. Some states can be done as early as 3 days late others you need to serve a 14 day notice