Failure to pay?!?!?!?! Should I start the eviction process????

[Daniel Grimsley]

So I have a tenant who has not paid their rent on time since the beginning of the lease in Jan. and also has not paid rent for May at all. They have now stopped repling to our commications since I told them that they would not have the option of extending their lease at the end of the six month term [option to extend was contingent on 6 on time monthly payments]. The lease terminates on June 30 but I'm thinking of starting the eviction process as they havent paid rent and is not responding to communications. What are your thoughts?

[Laci White]

As a property manager, I would wait until 7/1 to start the eviction process so you can check to see if they have vacated prior to spending the time and money to file an eviction. If you go to do the move out inspection on 7/1 and they are still occupying the home, then start the eviction process and include whatever holdover charges the lease allows for in your petition.

I know everyone is in favor of you starting the eviction process now, but given their move out date is so close, I would wait. You'll kick yourself if you pay to file everything and they actually do move out on 6/30. If they do move out, you can sue for rent in civil court, which moves a lot faster than the magistrate court.