"Cash for Keys" vs. Eviction

[Christian Hall]

Hi BP,

I've had a tenant for about six months who has typically paid on time. However, she has run into some hard times and is now behind on rent by $1,890. ($840 remaining for Dec 2019 + $1,050 owed for Jan 2020 = $1,890 total owed as of this posting date 1/3/20).

My lease uses a progressive late payment system. Rent is due on the 1st. Grace period on the 2nd. $50 on the third. +$5 per additional late day.

She has promised to pay several times in the past five weeks but has only paid $350. I have not posted a 7-day court notice or eviction notice. I'd like to avoid an eviction for both my sake and hers. She has promised to pay by the 14th and says she by then she will be caught up to pay February rent on time. However, she is willing to peacefully move out if that's what I decide needs to happen.

My other properties always pay on time and I've never been here before. Should I wait until the 14th? Or request that she move out within 30 days? Lastly, should I keep her security deposit? Or offer a "cash for keys" situation where I tell her "I'll give you x amount in cash if you can give me keys by the end of the week."

Any advice is appreciated. Thank you!

[Greg Scott]

It sounds like you really want to try to work with her and not evict, if at possible. Even given that, why are you NOT sending the 7 day notice?  Sending the 7 day notice does not require that you start eviction proceedings immediately, but it gives you the option to do so.  

Send her a 7 day notice today.  If she doesn't keep her promise to pay on the 14th, start eviction proceedings immediately.  By the time you get a court date you are going to be into February anyway.