Skip to content
×
Pro Members Get
Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 54%
$32.50 /mo
$390 billed annualy
MONTHLY
$69 /mo
billed monthly
7 day free trial. Cancel anytime
×
Take Your Forum Experience
to the Next Level
Create a free account and join over 3 million investors sharing
their journeys and helping each other succeed.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
Already a member?  Login here
General Landlording & Rental Properties
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated almost 7 years ago on . Most recent reply

User Stats

144
Posts
218
Votes
Brian Zaug
  • Lagrangeville, NY
218
Votes |
144
Posts

Can I evict with partial rent payment?

Brian Zaug
  • Lagrangeville, NY
Posted

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...

Most Popular Reply

User Stats

168
Posts
187
Votes
Jonathan Holmes
  • Investor
  • Warren, OH
187
Votes |
168
Posts
Jonathan Holmes
  • Investor
  • Warren, OH
Replied

I believe he is saying it’s still late on the first you fee just doesn’t hit until the fourth. So even if she pays on the third it’s still late just no fee.

The big issue is what is the tenant is lying or so incompetent that they still don’t get their paperwork sorted out. Sometimes a tenant will need motivated with a pay or quit notice to get them on the ball.

The downside of the happy story above is that sometimes a tenant doesn’t get a new job and doesn’t pay next month and then your eviction is pushed back and you still lose the full turnover cost. Give her the notice best case scenario she pays up, sorts her section 8 out and you can tell her how happy you are that you didn’t lose her as a tenant.

Loading replies...