Lease is up 9/30. Not paying anyway. Should i evict($500.00+) or just hope she leaves

16 Replies

I have a "sometimes paying" tenant who hasn't paid July or Aug now.  Her lease is up 9/30.  If I evict it will take probably 6 weeks  and at least $500.00. 

I really just want her to leave, but I worry that she will stay after her lease is up. Is there any way to guard against her 'squatting'?

Should have started the eviction process when she missed rent the first time.

You should still go ahead and evict her now.
Why would she move if she can stay there for free with no threat of eviction?

You might want to try cash for keys and explain an eviction on her record will hurt her in her future renting endeavors.

I'd suggest two things:

1. Go ahead and start the eviction process now. Ask around and perhaps see if you can also do a money judgement/garnish wages.

2. In addition to the above, also go ahead and send her a letter to vacate (or whatever it's called in your area) stating that her lease ends on 9/30/2015 and you will not be renewing the lease. Reiterate that the unit needs to be vacated on that date and left in "broom clean" condition. 

Also include that she provide her new address so that you can mail any due security deposit to her. Obviously, she won't get any deposit back, but saying this will possibly get her to give you her new address so you can better go after her later for due funds (if you so decide it's worth it to do that).

Do it by the numbers and start the eviction process.

Thanks Nicole.  I sort of figured I needed to get the eviction going.   I was hoping not to because i'm pretty sure she won't be paying anything thru 9/30 and I didn't want to spend anymore money.  But, I really have to get her out so I can get a paying tenant in as soon as possible.

I appreciate you time in trying to help.

Thanks Carlos, Austin...

I would have started the eviction at some point in July.   If the tenant is living there for free now what makes you think she's just going to magically move out because the lease is up when she has no fear of being evicted for non payment.

I know now that I should have evicted in July.   

search crossland tenant eviction...long time pro in Austin outlines the procedure.  And you need to set a timeline and stick to it for all your rentals.  Even if they contact you and say they will pay...Late notice followed by certified letter on the 10th, or posted on door....can't remember, but some sort of pay and get out letter.  Read the post.   A template for the letter is online...one apartments use...there is specific wording required, I think.  Search template eviction.

@Alison Decastro I understand that you don't want to spend more money towards missing money. But check into the cost of eviction. It might not be that much but a small court fee! Besides, you might end up being pleasantly surprised that you get most, if not all, of your money back.

How much money will you have spent in lost rent when she doesn't leave at the end of the lease? "Sometimes paying" seems like you've been too soft the entire lease.  You should have had the eviction notice on her door the very first day your states laws allow.  

start the eviction process ASAP.

Could you offer her some money ($200?) to leave in a some short time frame?  Given the choice between eviction and money in her pocket, she might pick money in her pocket.  That would save you the cost and effort of eviction and get your apartment open sooner for an actual paying tenant.

I'm not an expert yet as I have just recently rejoined the family business, but one problem in NJ is that it costs a few hundred dollars to begin the eviction process, at least here in Elizabeth.  Then, the tenant has the option to just pay the rent and be allowed to stay.  This is one reason starting the eviction process may not be automatic as soon as rent is late.

Must start eviction process ASAP. Hoping they will leave never works. They will stay until you evict.

Originally posted by @Nicole W.:

I'd suggest two things:

1. Go ahead and start the eviction process now. Ask around and perhaps see if you can also do a money judgement/garnish wages.

2. In addition to the above, also go ahead and send her a letter to vacate (or whatever it's called in your area) stating that her lease ends on 9/30/2015 and you will not be renewing the lease. Reiterate that the unit needs to be vacated on that date and left in "broom clean" condition. 

Also include that she provide her new address so that you can mail any due security deposit to her. Obviously, she won't get any deposit back, but saying this will possibly get her to give you her new address so you can better go after her later for due funds (if you so decide it's worth it to do that).

 Nicole is exactly correct!  -that is what I would do also.

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