Starting a eviction...

[Shonda Williams]

Hello everyone!

The lease says rent is due on the 1st and late after that, there is a grace period of 5 days before we add on $50 late fee.

I have a tenant who moved into the rental in November. Since then she has been late 3 times (car trouble, etc), she does a lot of 'around the mulberry bush' talking but she does end up paying the rent and adds the late fee to it.

She promised this month (April) she would be on time and was caught up on money. She dropped the check off on time and I was relieved.

She post dated a check without asking/telling me she was doing so, naturally I cashed the check since I figured she was out of her mess and now paying on time. 

Bank called said the check was going to bounce for NSF, I text her and told her this, she said her bank said it would be ok and push through.

Check bounced as I told her it would, she is out of town on a cruise and said she couldn't  pay until she gets back and got nasty about my bank pushing it through and she shouldn't (but would) pay the late and bounced check fees upon returning Wed.

She wanted to argue that she thought she had a 5 day grace and that's why she post dated the check.

At this point, I just want to be done! 

A Kentucky Attorney said to put a 10 day notice on her door (pay or quite), take photos and that will start the process. 

Looking for any feedback as this is our first eviction process. I have printed all material (text messages, bounced check, etc).

I feel guilty over doing this and keep replaying in my head that maybe she has some point on the grace period (even though she is late and bounced a check) The lease reads in two total different paragraph "rent is due on or before the 1st of month", Late fee is $50 after the 5 day grace. 

Looking for thoughts and any other advice on what we need to do?

Thank you, I hope I have explained this with enough information. Trying to keep it simple and short. 

[Thomas S.]

Start the eviction, withdraw when she pays and make it clear that if she is late again you will not accept payment and will evict. Also tell her that at this point in time you will not be renewing her lease and she would be advised to look for different accommodations now when the market is strong. Allow her out of her lease early with 60 days notice providing she co-operates with showings.

This is a tennat you must get rid of asap.

If you have issues with emotions in dealing with tenants you should consider hiring a PM. This is a business and there is no room for emotions ever. You should have broken her the first time she paid late. As of now she owns you whether you believe that or not.