Month-to-month tenant just texted they'll be late. 1st week here.

[Richard Ladenberg]

This is in Georgia.

They texted me they can't pay October rent until they get paid on the 11th because of their car insurance deductible. I do not want to start off on the wrong foot and seen as a push-over and I obviously want to treat this as a business. I also don't want to start the relationship with them being spiteful because I follow the rules since this is a shared housing environment. So I will be posting an eviction notice. But what do I say to them? Do I not reply to the text and just talk to them in person? Suggesting they use credit cards or other means to pay their other obligations because I will post an eviction on the 1st. Can I suggest them using other means to pay their other obligations because I need the rent on the 1st through text, or will that count against me in court?

Evictions are always hopefully a last resort and this will be my first one I've ever done while doing this for 2 years. But I know it needs to be followed to the T otherwise it causes a nightmare in the long run. I've never had a late tenant either. They have only been living here a week and I can already see how they won't be a good roommate/tenant. Aside from a 60 day notice (Georgia law says 60 days from landlord, even tho it's a month to month lease) I don't need any just-cause to end the term, right?

[Kristina Heimstaedt]

If this is the first time, I wouldn't go down this rabbit hole. Most tenants aren't going to let you know that they're going to be late up front like this. I would be more forgiving if they tell you up front. I don't think it means that you're a pushover rather it means that you're realistic and accommodating. I would be of the opinion:

"I'm very disappointed to hear that you will not be paying rent on our agreed upon schedule per our lease agreement. However, I appreciate that you let me know that you will be late. Given these circumstances, I look forward to receiving rent on the 11th including a late fee, per our lease, bringing your grand total of x. Thank you for being up front about your circumstances. However, I look forward to this being our last conversation about late rent."

Everyone is different, but this is how I would handle the situation. I think it demonstrates that you heard their concerns, but that you're demonstrating flexibility. Obviously if your lease doesn't have a late fee clause, you may be up a creek without a paddle, but maybe a good lesson for next time as well.