Done with tenant. Send vacate notice & start eviction process at same time?

Question

I have an inherited tenant that I was putting up with because although her rent was always late... she did pay and I wanted to avoid the turn cost and headache of getting her out. Short story is that after a "reset" about paying on time last month it's 5/19 and I have half the rent and just had to send a plumber out to address a tenant caused water issue and I'm done at this point. I do not think she will go quietly and I'm trying to gameplan out process and wanted insight from other investors... when you're about to send someone notice to vacate and don't think it will be a clean process... do you also start the formal eviction process at the same time as you send the 30 day notice to vacate if they're behind on rent?

My assumption is that she'll say 30 days is not enough time to find a new place (if she can't promptly pay her under market rent, how will she come up with first and security deposit elsewhere), will not finish paying her May rent and won't pay June either so trying to see if it's best practice to have that eviction filing in process as an incentive for the tenant to move along quickly.

As a note to others in a similar situation, what I've read here in the forums that I didn't adhere to was "stick to the lease" and if someone is a consistent problem, they're not going to turn on a dime and get better, you have to protect your investment and part ways when things aren't working.

Any insight appreciated.

Eric Gerakos · Answer

George, never accept partial payment of rent. It sets a precedent as to what you will accept and delays eviction.

Amanda Lizana · Answer

You can accept a partial payment, but if you do, you should send a Reservation of Rights, which basically says the date and the amount of the payment, but still allows you to move forward with an eviction if not paid in full. I would have a conversation with them cordially and issue the 30-day notice to vacate. In my experience, most times they will leave. But if they don't pay in the meantime, I would certainly start the eviction process. I think our attorney only charges $300. Feel free to reach out with any questions.

Benjamin Aaker · Answer

If by 'starting the eviction process' you mean talking with an attorney, then yes, you should do that today. @Eric Gerakos wise advice. Never accept partial rent payment.

Send the 30 day notice today as well. You need to get that timer started. Make sure you follow your local laws and ordinances to the letter. Avoid any communication with this tenant that is not documented (like email). Keep it professional.

Bottom line is - talk to the attorney today.

Alecia Loveless · Answer

@Eric Gerakos Google “how to block someone on CashApp/Venmo”. The directions for blocking someone on Venmo were very simply. I would hope CashApp would be similar.

This should stop additional partial payments.

Eric Gerakos · Answer

George, I actually have in my lease that partial payments won't be accepted. It sets a legal precedent that moving forward the tenant can continue to string you along for the rent every month because they can show that you accept partial rent.

Theresa Harris · Answer

Assuming she's on a month to month and your local laws only require 30 days' notice, you have two options.  1) Give her notice and tell her if she finds something sooner (eg June 1) and wants to move before that, you're okay with it. 2) refuse payment for the rest of May's rent as she's already late and start with the eviction.

I'd start with option 1 and remind her she's already behind on rent and you're giving her the option to move out without the need for an eviction. Get her to sign the notice-one copy for you and one for her to keep for her records. Let her know if she doesn't move out, then you will start the eviction process.  I'd also do a quick check on any utilities that she's paying that remain with the house to make sure they are paid up.

If you have a full month's deposit, even if she doesn't pay for the second half of May and part of June, hopefully she leaves the place in good condition and you can use the deposit for unpaid rent after she moves out.

George Red · Answer

@Eric Gerakos this may be a silly question, but how do you deny partial payment... the tenant has been paying by Venmo/Cashapp (which may be a problem in itself) or are you just saying in terms of setting expectations with the tenant.

Per the original issue, circling back to confirm that I connected with a lawyer I've used before and they suggested to just issue a standard termination of month to month tenancy which requires 30 days. So if everything goes well tenant should be out by end of June (fingers crossed) and if she stays afterwards then proceed with eviction. If she does not pay moving forward I will have the option to file an eviction based on non payment which I may run concurrently during the process of the 30 day notice. Ohhhhh the fun part of land lording.

Melanie P. · Answer

@Benjamin Aaker @Eric Gerakos In some jurisdictions the landlord must accept partial rent payments. Failing to accept the rent is cause to lose your eviction case. Whereas where you are located (California) accepting partial rent prevents you from proceeding with eviction.

Any update on this? Looks like the last move was to serve the 30 day notice. I predict you've seen no more rent and no payment of the tenant caused plumbing call since serving the notice. How's my crystal ball working?

Done with tenant. Send vacate notice & start eviction process at same time?

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