Rental Property Investor · Jersey City, NJ · Member since 2013 · 88 posts · 7 votes
I have a tenant who was paying on time. Now the tenant paid late the last 5 out of 7 month. I charge about 10% late fee after the 5th of the month. and a flat rate fee each day after.
This month I still haven't recieved the rent. I'm constant contact with the tenant via text and the tenant has an excuse everyday for the past week. everyday I'm told wait until tomorrow morning, in the morning I'm told I will bring it at night etc.
Today I filed a complaint in court but it will take 3-4 weeks for a hearing.
My question here is:
Can I still evict the tenant or end the lease since almost each month the rent is late?
Another question: When the lease ends can I kick the tenants out?
Rental Property Investor · Denver, CO · Member since 2013 · 4k+ posts · 2k+ votes
12y
@Mina G. be very careful of the advise you get regarding this issue. EVERY state is different. Generally the rules are different if you live in the property you rent so the conflicting information could all be true. I know there are some states that have special notice requirements and have weird (to me) rules about continuing a lease. GENERALLY once the lease ends, unless it is renewed, it's over (tenant moves out and you get your property back) GENERALLY you have say in whether or not that lease is renewed or the whether the tenancy can continue. You would then have to evict if they stayed without a lease.
Seems like being 13 days behind this month that would be a moot question. Follow through with the eviction for non payment.
If I was in your shoes I would press hard to get paid while working the eviction as fast as possible. If they pay and stop the eviction, I would approach them about moving, changing the payment schedule to line up with their pay check or something to get them to pay better. Beating them over the head with the lease won't work so you need to be firm but flexible. Offer biweekly payment, payday payment plan, you should charge a bit more for these but it might help the tenant manage their money better. Right now it's obvious that you are not a high priority. The key is to convince them you need to be a high priority and to make it as easy as possible to be 1st priority.
Real Estate Consultant · Brighton, MI · Member since 2013 · 607 posts · 251 votes
12y
You can evict a tenant for consistently paying late, so long as it is in your contract. Also, I hope you have a copy of each check submitted, proof of dates and written notifications sent. You did send written letters via registered mail, right? If not, I suggest you do so very quickly. Check with the laws in your state as to evictions process and requirements. Perhaps meet with a real estate attorney who can give you some tips.
Similar topics like this have been discussed here on BP before, Do a search forum search and look through the archives here. Lots of good info. Good luck!
Real Estate Agent · Virginia Beach, VA · Member since 2012 · 2k+ posts · 1k+ votes
12y
I had this happen to me, later and later payments, and I tried -- unusual for me -- to be nice as she was a single mother with 2 kids. It just got worse. I ended up just letting her out of her lease early (she'd already been there almost 3 years, anyway), as I figured if I didn't, I'd be forced to evict and she wouldn't have the money, anyway. I'm much more careful about choosing tenants now, but I do feel like I was lucky that she just agreed to go so I was only out about 3 weeks' rent. Your tenant may be happy to just leave if you let her out of her lease now, especially if she has family or somewhere to go that's less expensive. If not, just make sure you follow the terms of the lease as far as giving her proper notice to leave.
Rental Property Investor · Jersey City, NJ · Member since 2013 · 88 posts · 7 votes
12y
I'm finding conflicting information online. 1 says landlord cannot evict when lease ends. another states that there is an exception to landlord occupied properties.
Rental Property Investor · Denver, CO · Member since 2013 · 4k+ posts · 2k+ votes
12y
@Mina G. be very careful of the advise you get regarding this issue. EVERY state is different. Generally the rules are different if you live in the property you rent so the conflicting information could all be true. I know there are some states that have special notice requirements and have weird (to me) rules about continuing a lease. GENERALLY once the lease ends, unless it is renewed, it's over (tenant moves out and you get your property back) GENERALLY you have say in whether or not that lease is renewed or the whether the tenancy can continue. You would then have to evict if they stayed without a lease.
Seems like being 13 days behind this month that would be a moot question. Follow through with the eviction for non payment.
If I was in your shoes I would press hard to get paid while working the eviction as fast as possible. If they pay and stop the eviction, I would approach them about moving, changing the payment schedule to line up with their pay check or something to get them to pay better. Beating them over the head with the lease won't work so you need to be firm but flexible. Offer biweekly payment, payday payment plan, you should charge a bit more for these but it might help the tenant manage their money better. Right now it's obvious that you are not a high priority. The key is to convince them you need to be a high priority and to make it as easy as possible to be 1st priority.
Can I still evict the tenant or end the lease since almost each month the rent is late?
Another question: When the lease ends can I kick the tenants out?
Depending on your local laws both of these may be possible with the proper notifications.
In my area if they are late 4 months in a row I can evict the 5th month whether they pay or not. Also If you want them out at the end of the lease you just have to give proper notification prior to the lease ending (This is why I do month to month so I can give them 60 day notice anytime I want). If they're still there after the lease ends then you can start the eviction proceedings.
Investor · Winston Salem · Member since 2014 · 114 posts · 26 votes
12y
Evictions can by tricky. I have had to evict tenants before. Having records of late payments and notifications is a must regardless of where you live. However, the procedures for eviction do vary by state. You may have already been to following site, but I thought it would provide the most accurate information.
Investor · Middletown, NJ · Member since 2008 · 2k+ posts · 1k+ votes
12y
We just evicted a tenant for non payment after offering to let her out of the lease early. She agreed, but simply refused to leave or pay the rent. I filed a Pay or Quit on the 7th day (should have done it on the 3rd) and she was evicted and out almost exactly one month after the Pay or Quit notice was posted. This was in Broward County, FL.
Offering to let a tenant out of the lease early is fine, but follow up with the Pay or Quit anyway because if you let that month go by and they refuse to leave, you then have to start the clock at the beginning and they've just gotten at least another month of free rent. The money they save is for their next place.
Investor · Baltimore, MD · Member since 2014 · 1k+ posts · 688 votes
12y
@Chris K. "In my area if they are late 4 months in a row I can evict the 5th month whether they pay or not." are you referring to 4 judgements in a 12 month period = nrr or is this something that ive never heard of???
Rental Property Investor · Jersey City, NJ · Member since 2013 · 88 posts · 7 votes
12y
thank you everyone for your reply.
In my state: I have to send out letter to cease late rent payments. Then I have to wait for 1 or 2 more late payments (conflicting information online) after that to file for eviction based on habitual late payments.
Rental Property Investor · Jersey City, NJ · Member since 2013 · 88 posts · 7 votes
12y
The tenant paid me the rent for this month 20 days late. Now we have court on the 1st (Thank God it fell on that day). Since the court documents says if it falls on the 1st or after she will have to pay me next month as well to get this dismissed.
Now the issue is the tenant is claiming she didn't get anything from court. I told her I will contact the court on monday to find out what happened.
I also recorded the tenant conversation with me for my safety and just in case I need to use it in court. This is legal right? since I'm involved in the conversation?
Investor · Thermopolis, WY · Member since 2012 · 4k+ posts · 4k+ votes
12y
@Mina G. the laws on recording telephonic communications vary from state to state. In some states as long as one party to the call consents it can be recorded legally, in some states all parties must consent for it to be legal. You may have seen that in the Monica Lewenski case.