Can I Evict the Tenant because of Partial Rent Payment

Question

Hi,

My rental was in Anne Arundel County, MD. Since the tenant moved in this March, he was always late for rent payment. This month, he was $400 short of a full month's rent ($2400/month) and already 13 days late. Can I file an eviction notice?

Thanks

Patricia Steiner · Answer

@Jack Quin

The #1 reason why landlords fail - according to the American Apartment Owner's Association - is failure to manage to the lease.  The first time - the first day - a tenant is late, act.  Partial rent is not rent and in many states it negates your right to evict (it does in mine).

And, having said all that, the tenant's failure to pay rent isn't your fault but it doesn't have to be your issue either.  Bet he's paying his car payment and his cell phone bill.  Time for him to understand that paying you on time isn't an option...he will have to choose someone else to late pay.  Hopefully your notice will let him know that he's misinterpreted your patience and kindness - game over.

May the force be with you...

Andreas W. · Answer

@Jack Quin

That addresses the late fee. From what I read in your post, you can only charge 5% of the amount that is late. I am currently discussing this question in a different conversation.

The other item to look for is when is rent considered late? In my lease for NC it says that unpaid rent is late the day after due date. Due date is the first of the month. Only when rent is considered late can I send out the 10 day pay or quit notice.

Your state statute might also give you guidance for that.

Jack Quin · Answer

@Andreas W.: Here is the verbiage in my lease: "Tenant agrees to pay the rent when due without any deduction or setoff. If the rent is received five (5) days after the due date, Tenant agrees to pay as additional rent a late charge equal to five percent (5%) of such overdue amount for the rental period which said payment is delinquent."

Do you think I should add "no partial payment"?

Jack Quin · Answer

@Bud Gaffney, yes, there is a lease

@Russell Brazil, I text / email / call him yesterday. No response. I decide to send him a Notice of Failure to Pay Rent today by certified mail. I checked www.mdcourts.gov and it would take 10 days after the notice until you can file eviction in district court.

@Richard F. His FICO score was over 700 and monthly income was 3 time over $2400. No eviction history and criminal records. I guess he loses his job. But, I finally get a chance to learn how to conduct an eviction after 10 years putting this house for rent.

Russell Brazil · Answer

Yes you can still evict in Anne Arundel MD.  Go to the courthouse and file the Failure To Pay Rent form.

Bud Gaffney · Answer

@Jack Quin is there a lease ?

Nathan Gesner · Answer

Start with a discussion. If he can't afford the place, see if he'll move out. Use the deposit to make yourself whole and start fresh.

If he refuses to leave, start the eviction.

In the future, I recommend you not allow partial payments. Some courts will not let you evict if you accept a partial payment, even if it's just $1.

Jack Quin · Answer

@Chris Seveney:

Thanks for advice. Unfortunately, I already accepted the partial payment but learned a lesson.

@Theresa Harris:

That is good point. I will reach out to him. Thanks

Can I Evict the Tenant because of Partial Rent Payment

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