Evict or wait until lease expires?

Question

I have a tenant that is refusing to pay the last two months of rent. She claims it was paid up front (it wasn’t). We’ve given a 3-day notice to pay or quit and she hasn’t paid, which means we can now start the eviction process. However, her lease expires on July 31 and obviously we won’t be renewing. Is it even worth it to do an eviction at this point? Or do we just cut our losses and keep her deposit?

P.S. For those wondering, the 3-day notice took longer than anticipated as we are out of town and the tenant refused to accept the certified mail we sent. We had to travel to the unit and post the notice instead.

Melanie P. · Answer

Absolutely, 100% continue the eviction process. File and serve ASAP (hire a process server to file your paperwork over the counter and take it directly from the court to the tenant that same day).

First, Nick is likely correct that the tenant is not paying because they have no money to pay. In which case, they are not going to move into the street voluntarily when their lease expires. You don't want to be starting this process over on August 1.

Second, the New Mexico court will award you monetary damages for your unpaid rents, court costs, etc. You can file a Writ of Garnishment to seize their wages and bank accounts. Hopefully you have kept track of where they work and bank.

Try to get this done today. Good luck.

Paul Evans Jr · Answer

Thanks everyone for the advice. We are going forward with the eviction process and the tenant should be served tomorrow. I’ve actually been wondering if this is something she’s done in the past, but there’s just no record of it. So, yes, it will be helpful to future landlords.

Nathan Gesner · Answer

Yes, I would proceed with the eviction. They will only win in court if they have proof that they paid the last two months of rent in advance. Without evidence, you will win and get a judgment for the money owed. If they refuse to pay, send them to collections.

Tim Baldwin · Answer

You may still have to evict anyway if they don't move at the lease expiration. Not unusual. If you don't file, they may never take you seriously and essentially force you to have to file. Why not get that process started?

V.G Jason · Answer

Evict. Set precedent for this, and let future landlords know this problem child. I am sure you would like that intel on the flip side, no?

Nick Krolczyk · Answer

I don't know the rent amount or security deposit amount but if they're not paying, many times they don't have the money. Evictions can be expensive and you may not get anything from them. If you're doing it yourself, less expensive but very challenging.

My fear is they stay in the property after the lease runs out.

Joe Villeneuve · Answer

Evict now.  How long before you get a court date set?  Once you are officially evicting, that means start the process with the city, you can get the Federal Marshal to present, and eventually get them out for you.

Theresa Harris · Answer

What proof do they have that they paid for the last two months' rent? Even if they paid the last month's rent in advance, the only other money would be a damage deposit and that can't be used for rent.  I agree with starting the eviction, you can also tell them they can move out early if they don't have the rent.

Jake Knight · Answer

Proceed with eviction, even though they intend to vacate they may not.  You can't go on their word so best to follow legal processes.

Nathan Gesner · Answer

In my experience, most tenants will play ball when they deal with a landlord who acts like a professional and sticks to the policies. When I start the eviction process, most of them will pay what they owe or leave. It's rare for one to stick around and continue the fight when the evidence is clearly on my side.

Evict or wait until lease expires?

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