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Updated over 6 years ago on . Most recent reply

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Austin Purnell
  • Investor
  • Ocean Pnes, MD
6
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How long to wait until you file for eviction??

Austin Purnell
  • Investor
  • Ocean Pnes, MD
Posted
Fellow Landlords, The tenants of my rental property are currently 12 days late on July’s rent. I have made many many attempts to collect and even suggested that setting up and online pay would make things easier (I did that) and they still haven’t paid. I am getting frustrated because now they won’t answer the phone. I want to be a nice person, but I have bills to pay also, so my question is how many days late should you wait until I serve papers to them for a court hearing? Thank you as always for any advice!!

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The process a professional landlord would follow is to issue the pay or quit notice to a tenant the day following when rent is due, normally the second of the month. This begins the process and, based on your state landlord tenant regulations, sets the time lines for eviction. Grace periods have nothing to do with rent payment beyond establishing when fees kick in. Rent is due on the 1st, late on the 2nd and the legal process begins.

In most businesses, and especially land lording, nice guys will always finish last and usually with a eviction and often bankruptcy.

Following the legal process to the letter every time a tennat pays late until you ultimately non renew or evict has nothing to do with being nice or not. It is the state code regarding following a set process. You and your tenants need to learn this lesson very quickly since you are now a full 12 days behind in the process. Your loss and the tenants gain for not being professional.

Do not feel too bad as this site is full of hobby landlords that know nothing about operating this business. Your situation is one of the most common topics posted by hobby landlords. The solution is extremely simple, follow your state codes and become professional in dealing with tenants. Remember nice guys finish last and no good deed ever goes unpunished. Prepare to be punished by your tenants.

 Send notice today and prepare to either release your tenant from their lease or evict.

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