Can I evict with partial rent payment?

Question

So this duplex I have is rented with section 8 tenants.   I  received a call the other day, as well as a letter,  from the Sect. 8 dept. saying that my tenants voucher has been reduced from $1100 (full rent) to $800 due to the tenant getting a job.  So now the Tenant is responsible for 300 a month.  Her and I both received this letter and call.  A day later, my tenant called me saying that the job was temporary and that she will be receiving the full rent reimbursement again.  I called the sect. 8 office to confirm this and they said that she never handed in the paperwork necessary for this to readjust back to the full rent reimbursement.  This is typical of this tenant.

I called her 2 days ago to give her the heads up because rent will be due soon and she already says she doesn't have the money.  I do have a grace period in the lease of 4 days so if she doesn't pay her portion ($300) of the rent by then, I'll add the late fee but could I also hit her with the Pay or Quit notice?   The $800 from sect. 8 gets direct deposited on the 1st.

Could I accept the $800 and still file for eviction due to her not paying her part ($300)?

Is there a better route I should take?

She's been an ok tenant.  Would take a good amount of work/money to clean that apartment up so I'd prefer not to kick her out...

Thanks in advance...

Jennifer T. · Answer

I see the conundrum.  If she's telling the truth and the S8 goes back to paying 100%, you don't want to go through the hassle of evicting her over $300.  Though, probably more like $600 after all the paperwork gets sorted out.

But that's a big IF.  Tenants lie and desperate, irresponsible tenants lie even harder.

Definitely serve the Pay or Quit notice.  That's the best way to (hopefully) get her butt in gear.

Where I live, I could definitely still file for an eviction for the unpaid portion.  However, I'm not in NY so, alas I can't speak for your state/county.

Frank Chin · Answer

If it was me, I would suffer the delay. I don't know your area, but even here in NYC, a hot market, it takes at least 30-60 days to re-rent. If the market rent is $1,100 a month, you'll be out one to two thousand dollars, plus the cost of repairs, painting etc.

I owned a triplex once, two doors down, the owner lived there, and a long term tenant lost his job, and struggling. Instead of pay or quit, and adding late fees on top, for a guy who just lost his job, he offered to waive the rent for a month so the tenant can get back on his feet sooner. He explained that if he kick his tenant out, the cost of a vacancy, plus cost of fixing the place, he won't make it back for at least 18 months, that's even with a rent increase. He say his tenant is a go getter, and sure he will find a job soon.

I ran into this tenant a few weeks later, and the good new is, he found a new job, He couldn't be more thankful, saying his landlord is so wonderful. The way I hear his side of the story, if he got kicked out, he had no place to move to, and he had to discard all his belongings, costing him a few thousand dollars.

I thought about it, it's a win/win for both of them. The landlord is still ahead even waiving the rent, and the tenant is ahead without losing everything. In your case, it's just a paperwork thing, and the tenant will get things back to normal, not like he'll have to find work. You even got part of the rent, so eviction is not so clear cut. In the case of the next door, the landlord and tenant didn't even know how soon he'll find work. And the tenant admitted that if the owner didn't waive the rent, it'll take him a year or two to catch up, with the landlord breathing down his neck all this time.

At the time this happened, I had a tenant who lost his job, voluntarily moved to his friend's place, and had to discard all his belonging's after failing to sell it. His stuff was all out on the sidewalk on moving night and I even picked up a few chairs, a TV set, and microwave, after turning down his offers to sell me some of the stuff, before neighborhood scavengers got to it.  Back then, I had a collection of working microwaves that tenants left behind on moves.

I don't rent to section 8 tenants, because generally speaking they're not the type that can draw on an IRA if something comes up, so having this problem comes with the territory IMHO.

Brian Zaug · Answer

@Frank Chin

Thanks for that story and you made some great points.  It'll cost me quite a bit of money to get her out, clean the apartment, and find a new tenant.  All over $300...Certainly doesn't seem worth it.  My guess is that she will be back on full rent reimbursement next month.  I'm thinking of setting up schedule with her for the next few months to pay this back...Maybe 100 a month for 3 months...

Brian Zaug · Answer

@Thomas S.

I was under the assumption that the grace period didn't include any late fee's.  Kind of like my mortgage on my house.  It's due the 1st but I can pay it up until the 15th without any late fee.  I have to check the language in my lease.

Thomas S. · Answer

Your 4 day grace period only applies to the late rent fees. Her rent is legally late at midnight on the day rent is due. Legally, and to protect yourself, you should be issuing a pay or quit notice on the morning of the 2nd (the day following rent due). This is the proper procedure to follow and is designed to protect the landlord in the event that rent does not end up being paid. Time is of the essence. Issue the pay or quit on the 2nd and this will assist your tenant in having their full welfare payment reinstated. The pay or quit notice will assist the tenant in getting her handlers moving.

If your tenant is lying, which is always a possibility, regarding the employment being temporary moving quickly will save you time and money in the event you end up having to evict as well.

Issue the notice.

In regards to accepting partial payment...read your state specific landlord tennat regulations.

Can I evict with partial rent payment?

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