Filing an eviction a month after notice

8 Replies

I put an eviction notice on the door of a tenant on July 7.  I was stupid and believed her excuses (and I had several vacancies coming up) so I didn't file the eviction.  Now it's August 17 and it's clear that she's not paying, so I will be filing the eviction.  I have not accepted any rent since giving the notice.  Do I have to put another notice on her door or am I free and clear using the one from last month?

From what I understand, you have to also mail her a notice by first class mail, and I would do one certified as well.  I read a post here that said if the certified came back (refused), but the first class didn't, then she got it.  I like that suggestion.  Also, since you didn't personally serve her, who's to say that someone else didn't tear it off the door and she never knew?

I would start at the beginning and do it by the book.  You'll lose three days (and maybe a weekend) but you'll know it was done right.  Then the eviction can begin.  I read here also that an owner shouldn't try to do the eviction phase themselves.  Hire a pro?

Hello Stone,

I would restart it, and follow the exact procedure outlined by your state or county.  Here we can't post a notice on the door, we must serve it in person or send first class mail.  I use the mail option, you have to give them one more day to allow for it but then I am not wasting my time trying to track them down.

I haven't been through an eviction yet, but one thing I learned after filing for one last month (and almost filing again on the same tenant this month) is that you can't believe a word they say about when will pay until you have the rent in hand or in the bank.  I got the "I didn't pay since I can't find my room mate (who works with him), I have the money and am sending today, I didn't send it yesterday but will send it overnight mail today (the day it was due), I sent it overnight mail but don't have the receipt (it didn't arrive in my PO box), and it finally came 2 days after it was sent and a day after I filed at the court for eviction.  This month was more excuses and run around, but I did get my money plus the filing fee and his lease ends Thursday!  Sounds like you learned the same lesson I did about believing the tenant when they say they will pay!

Kelly

I agree.  The good tenants may have a late payment once every couple of years due to illness or change in job or major medical or major car....and I mean like 2-3 days waiting on their most recent paystub.

Then there are the others, always late and not realistic reasons (not that you need to hear it), but you can sense it.  Examples for no rent are they have a nice new TV, clothes, trip, I ran out of checks, its in the mail, had a family emergency....etc etc.  Repeatedly 3 plus times a year.  These are the ones I monitor closely and once day 3-5 rolls around BAM 14 day notice for eviction in hopes of smarting them up.

@Stone Teran Don't get caught up in what others say they do for eviction as they are in different areas than you. If you don't already know all the rental eviction laws, you need to learn them now. 

Research online. Call and chat with a rental attorney as they might/sometimes share this info for free. Visit the courthouse and ask there! 

You might find you're still within your window to move to the actual eviction stage. Find out. If not, start over and file for all your missing months.

Originally posted by @Nicole W.:

@Stone Teran Don't get caught up in what others say they do for eviction as they are in different areas than you. If you don't already know all the rental eviction laws, you need to learn them now. 

Research online. Call and chat with a rental attorney as they might/sometimes share this info for free. Visit the courthouse and ask there! 

You might find you're still within your window to move to the actual eviction stage. Find out. If not, start over and file for all your missing months.

 This.  That.  And that, too.

I've done 10 or so evictions, so this isn't new for me.  I just haven't ever used a 5-week old notice before and I fear the judge might dismiss my complaint saying I waited too long.  I played it safe and put a new notice on the door. 

Originally posted by @Rich N. :

 Examples for no rent are they have a nice new TV, clothes, trip, I ran out of checks, its in the mail, had a family emergency....etc etc.  Repeatedly 3 plus times a year.  These are the ones I monitor closely and once day 3-5 rolls around BAM 14 day notice for eviction in hopes of smarting them up.

My current non payer has a large nice boat in the driveway!  No shame.  My PM said it belongs to the tenant and he had it stored but can't afford the storage so brought it home.

Storage facilities don't play around.  They'll keep your stuff and sell it.  We landlords are easier to play games with.

hehe, yup, some late-paying renters definitely seem to find money for everything else. They also tend to find money for their other bills because they know the other billers won't play games and shut off the electric, phone, etc while the landlord could be a softie.

I recently had a tenant not pay on time. Promised it with the late fee by certain date that came and went. Then their aunt was on life support. Sorry, I understand how terrible that is, but I still paid my mortgage even when my own mother was dying.

A day later at 9PM, I get a text saying "it is important that you contact me asap." Pretty sure you can call me yourself (during normal hours!) or text/email me what you want to say. I've done my part of filing the Failure to Pay Rent. ;-)

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