When should I start the eviction process for a tenant with consistent late payments?

Question

I have a tenant who pays half of the rent at the beginning of the month and then the other half at the end of the month, without a valid excuse or reason. I have allowed them to do this for the past six months, and I haven’t really received a valid excuse or reason why it’s happening besides a simple “sorry.” The unit is free-market, and I haven’t raised the rent since they moved in back in 2021. At what point do I tell them I’ve had enough and start the eviction process? I make all necessary repairs as soon as possible, too.

Mohammed Rahman · Answer

They're doing this because you've trained them to believe it's ok to do so.

Or, if they're great tenants otherwise, they might just be paying you as they get paid (bi-monthly).

Worth having a conversation about it with them to figure out what's going on.

Otherwise a simple $50 late fee penalty in the lease should cure you of this issue @Phil Shelton

Denis Ponder · Answer

Probably should have done it the first time.  But, if you want to be nice, give them a warning after the first one then start the process the next time it occurs.  6 times in a row means it's probably time.

However, if they pay every month and you are collecting your late fee as well...  Maybe there is a silver lining.

Kevin Epp · Answer

Should have evicted immediately.

Looks like you're in NYC.

Take a look at your laws but I would do a non-renewal of their lease (if NYC allows that) at the end of their term. You need to get in writing the delinquencies on rent. Start a paper trail.

Otherwise, as long as rent is coming in, just hold on (hopefully) until the lease is up.

It is your obligation as the landlord to make necessary repairs in a timely fashion. You cannot withhold repairs for lack of rent. They cannot withhold rent for lack of repairs.

Tiffany Francis · Answer

Hi @Phil Shelton,

They believe it is okay at this point especially if "sorry" is not said with action to rectify the situation. The best option is to sit and talk about the situation.

Julia Lyrberg · Answer

It might be time to have a firm conversation with the tenant, letting them know that going forward, rent needs to be paid in full on the due date as stated in the lease. If they still don't pay on time then you have more then enough reasons to evict them if that's what you'd like.

Kevin Sobilo · Answer

@Phil Shelton, a couple thoughts:

1. Check with a real estate lawyer before taking action! By accepting this payment plan for so long you may have created a situation where it is considered an agreement between you and the tenant to pay this way.

This will depend on state law. You may need to give them a notice changing re-iterating/changing the payments back to being due as stated in the original lease and then allowing them to not pay before moving to evict.

2. Why evict a paying tenant? Assuming the tenant is acceptable in every other way this is a decent paying tenant. Perhaps work to manage the situation into a better place.

3. If you evict, how much money will it cost in legal fees, court costs, lost rent (because the tenant will probably stop paying), and vacancy while you prep and fill the vacancy? Compare that to what you are losing now which appears to be nothing except the inconvenience of a less than ideal payment pattern.

4. Their lack of excuse really doesn't change anything because this isn't or at least should be personal to you.

Charles Perkins · Answer

After 6 months it will probably be difficult to change their behavior.  At this point talking to the tenant is your best path unless you want to pursue an eviction.  Some states allow an eviction for repeated violations of a rental agreement.

It is also not a good practice to wait to long to raise rent to market rates.  Large rent increases are much harder and than smaller yearly increases.

When should I start the eviction process for a tenant with consistent late payments?

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