Should I evict in the last month of the lease?

Question

My tenant (inherited from last landlord) is late with rent for the second month except this month they are unresponsive to text and phone calls. I went by one day and nobody came to the door. They already told me they would not be staying due to the proposed rent increase. Now, do I start proceedings to evict? Do I need to worry about them trying to stay past the termination of the lease? If they did stay over I would have to start eviction anyway right? Any advice would be great!

Thanks!

Patrick L. · Answer

You absolutely need to start the eviction process.  If they aren't honoring the lease by paying what makes you think they will honor the end of the lease by leaving?

Alexander Felice · Answer

this is NOT what I would have recommended.

you basically called and threatened someone who has the access to destroy your property, or at least drag this out for a while if they desire.

and you waited another day to file for eviction.

My advice next time would be to just follow the process. they don't pay - start the eviction, they know the rules, no dialog needed. If they pay you can always stop the evicition.

Russell Brazil · Answer

@Dan Miles Since they are already late, and they have indicated they are not staying because of the rent increase....I would absolutely move to evict.  If they are planning on not having to deal with you in the future, they may try to screw you over and try and get as many free months of rent out of the situation as possible.

I may start with the threat of eviction first to see if they will pay though. They may be smart enough to fear the eviction showing up, thus creating a situation where it will be harder for them to find new housing.  So threaten eviction, if they dont pay, then move to evict.

Aly W. · Answer

Post the Pay or Quit right away. I had a previous tenant who insisted she could use her security deposit as the last month's rent, despite what the lease said. I posted the Pay or Quit on the 4th day of the month that she said she was leaving, and she paid the rent the next day and even moved out early.

The longer you wait, the more you lose.

Mike H. · Answer

I would agree and disagree a bit there.

1) I would agree that waiting to send them the 5 day notice (or is it 3 in your state) wasn't necessary. I would have just given them the 5 day immediately.

2) But I would disagree that informing the tenant of the repercussions was the wrong way to go.  Sometimes I think it helps to point that out to tenants and will be a much stronger motivator to getting the money.

Ultimately, I don't think you had any choice here but to start the eviction process.  Bottom line is that you can never trust a tenant that isn't paying. They may very well tell you that they will be moving out at the end of the lease but that gives you no guarantee. And who knows how much damage they've already done so using the security deposit is never a good option.

Give the pay or quit notice and if they don't pay by the deadline, start the eviction. You'll save yourself more money over the long run and when they get the sheriff's notice to appear in court, you'd be surprised at how much more willing to pay they will be.

But I definitely think a quick reminder on the eviction and their credit/rental consequences was a good way to go. That reminder might help nudge them to paying as well. I would just suggest that delivering the pay or quit notice the same day as the call would have been an even better one two combo.....

Carlos Enriquez · Answer

If they are the type to destroy property, they will do it anyway, whether from the eviction process or a phone call.

My PM tells them about evictions getting on record, more like counseling, so it's not really a bad thing unless done menacingly.

Mike Moreken · Answer

You could mail a certified letter.  If it gets returned with no signatures do not open letter, and use for evidence.

Dan Miles · Answer

Thanks for all the great advice.  I called and left a message mentioning how it would tear up their credit having the eviction and seeming as they want to but a house that would suck.  If i get no response, eviction starts tomorrow.

Carlos Enriquez · Answer

Yes, do it by the book.  Post and Mail the 3 day notice to let them know you started.

When that term passes, start the eviction.  Show them that you aren't going to let them stay longer than legally possible without paying, even if it costs you the attorney fees now.  My tenant told me the same thing, then paid just before the eviction deadline.

Jeff Sechrest · Answer

Start the eviction process today!

Should I evict in the last month of the lease?

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