Feedback regarding delinquent tenant

[Chris R.]

Hello!

I have a tenant currently in the eviction process and I was hoping to get some feedback/advice/suggestions for dealing with the recent events. Here it is:

- October rent never paid.
- 7 day delivered on 10/6 (5 day grace)
- County backlog means court date not until 11/18
- Invoice w/October rent, November rent, atty fees sent
- November rent not paid
- All-in, tenant currently owes $1665
- Absolutely zero contact from tenant - no reply to emails/texts/phone calls
- 11/4 a deposit hits our account for roughly 1/2 of amount due. However, deposit was made with cash - we have no idea who actually made it, we are assuming it's our 'professional tenant'
- Called atty today, advised of my options, but didn't give me advice on which option to choose:
Option 1: Return money, proceed with 11/18 court date (keep in mind, we have no definitive proof this is her money)
Option 2: Keep money, deliver another 7 day and start over.

I'd be happy to get this tenant out, but, again, our assumption is that the money came from her but there is no proof and I'm not about to call other tenants to find out if they're paying their rent early (the amount does not equal any other rent due). We are speculating the tenant will show up in court with a receipt for payment and the judge will see that as good faith and let them stay.

I'm just hoping to get some insight on what others may do in this situation.

Thanks much!

Chris

[Ray W.]

Hey Chris. We've had a similar experience in the past. It sounds like your renter knows the game. 1/2 the rent means that one month was paid (October), with November deliquent. It may be tough for you to get a judgement. In most cases the tenant has to be at least 2 months in arrears to gain the judges attention. I would go with option 2.