Is this legal ? - I have a Non Paying Tenant on a month to month

[Rema W.]

Quick Question? I have a tenant who has failed to pay their September rent. Their lease waives the 5-day notice to vacate requirement.  Technically, I can post and schedule an eviction date today. September Rent was due on the 1st. I've communicated that their month-to-month lease won't be renewed and they need to be out by the 13th of Oct. 

Question: Can I pursue the eviction and non-lease renewal paths at the same time?  See the options below. 

As I understand it, eviction assures that the property will be vacated on the court-ordered date (Oct. 1st) while waiting for the non-lease renewal deadline to occur presents a situation where I could be out of rent for two months (Sept and Oct), while having to wait until November to make ready.

FYI - I'm managing these remotely. 

Option 1) If I evict, it'll cost me court fees and agent/property mgmt. representation. (e.g. $250) For discussion, the eviction date could be scheduled for two weeks (e.g. The 1st of the month)

If I evict now, I'll be out of the $250, but I'll be assured that the property will be vacated on the 1st or shortly afterward.

Option 2)  I've sent him/communicated this week the notice of non-lease renewal, with a vacate before the 13th of the next month (Oct. 13th). To me this covers me in the event they pay September's rent. They still would have to move. 

If I don't evict and assume that he'll vacate on the 13th of the month following the "non-lease" renewal guidance, he May Not leave, and I'll have to file thus putting the eviction date sometime at the end of the month Oct. (31st). In this scenario, I could be out of 2 months rent.

[Theresa Harris]

My guess is once you told them they needed to be out by Oct 13 (odd time of the month), they decided to stop paying rent.  Start the eviction, I don't know why you'd have to wait for Oct 1 for them to leave. Evictions are faster than that. Talk to them and tell them they need to pay now or you will start the eviction process.  While it may cost to evict them, weigh that against what it would cost in lost rent and what happens if they don't move out on Oct 13.