I can use a little advice here. I'm a semi new landlord, but this is my first situation with a constantly late tenant. She is a single mom who I inherited with the last rental property I purchased. I've gotten a lot of the "down on my luck" stories so I've been a bit too lenient with her until now when her rent payment check bounced. She is going on now almost a month late, and I keep getting the run around. I never gave her a 5 day late notice as is required here in Will County IL.
My question is at this point do I need to first serve her with a 5 day late notice since that was never done before any eviction process can be started?
Any advice is greatly appreciated!
Just saw this post right after reading this article.
Look for your state and read the pdf. Pretty informative and will help you make the best decisions.
As for her down on your luck stories, ask yourself, "Do I really want to pay her rent?"
@Mike Barry View this as a positive and a valuable lesson learn. Look at your state laws and follow them. It's better to make these 'mistakes ' now early in your landlord career..
Get a lawyer and start the eviction process NOW, or end up like I did out THOUSANDS, I'll say it again, out THOUSANDS.
Try Cash for keys, 7 days out $500, give her 48 hours to reply, if no reply get a lawyer and get her out........
I was told by a BPr when I went through my 1st eviction, you cant be a nice guy in this business, it's pay your rent or move...........
Get started on the eviction asap.
Unfortunately I can't answer your question accurately so I won't try. But I would like to suggest you find out when eviction hearing are held in your investment county, and sit in on them. In my area they are in the same room of the courthouse, same day, and time of the week. You'll pick up a ton of info and insight just sitting in on one session. They usually run through the whole docket in a couple of hours.
BTW, where I am in VA, when you do follow through with the evection process, the court only issues a "judgement", that they have to pay the fees(back rent, legal fees, etc..) and the gives you the right to evict. You still have to decide to and follow-up with the sheriff to have them vacate the premisis, the county doesn't do it automatically. I say that to say this, be ready for the tenant to pull on your heart strings yet again and try to negotiate staying in the home.
Sorry I didn't answer your question directly but I hope this helps.
Thanks for all the advice everyone. @Nick Britton Well said, every experience good or bad is a learning experience.
Even if I'm able to get rent paid on this tomorrow I really do not want this person any longer as a tenant. Her excuses have turned into lies and this is not someone I'd like to do business with any longer. I'm not sure if this is still grounds for eviction or not if paid...I will have to research a bit more on IL law
I remember reading somewhere in the land lording forum about stating what fees get paid first and making rent last so that you can still evict, but it has to be in the contract. So if they just pay the rent amount, you apply that to late fees, then rent so that with unpaid rent you can still move forward with the eviction process. I would double check that though or have someone less green than me validate that. Wouldn't want you getting in trouble over it bud.
I feel like I've read the same thing once before makes sense at protecting myself
Thanks again @Justin Fernandez
This is the ugly underbelly of our business. Humans. I had a mother of three late during Christmas about TEN years ago. I gently asked her when she would pay, and she freaked out on me saying how could I throw her out during Christmas with three kids..... I mean I gently asked her. Ten years later her then boy friend tells me she died and remembers how I was going to throw her and the kids out during Christmas! Small town. This business is not for the weak. She left owing me about 3K that spring. No evection no cops just left.
If you don't want her as a tenant anymore and she is behind, then evict. You mention she might pay her rent tomorrow, but if you want her out anyway, then start the process and DO NOT accept her payment tomorrow. If you receive her payment, you may shoot yourself in the foot.
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