How long do you give a tenant before you start the eviction proce

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How long do you give a tenant before you start the eviction proce

Philip Mullinax
Columbia, SC · Member since 2014 · 100 posts · 12 votes

Hey guys,

I have a bit of a quandary.  My current tenant is 18 days late paying the rent on our property.  I spoke with her last week and she said the payment would be in the account by last Friday with the late fee. Fast-forward to this week and now she is not responding to any of my calls, emails, or text.  She didn't have the best credit history, but I took a chance on her.  The property is in NC and I now live in Hi.  In your experience how long do you wait to start the eviction process?  With the distance I can't make a trip back home, so it will probably be through a lawyer.   I am concerned I will be stuck paying multiple months rent trying to get her out if she doesn't pay.  Any advice is appreciated. 

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Michael Bowman
Investor · Charlotte, NC · Member since 2015 · 187 posts · 137 votes
10y

Evict her. Faster than you can blink.

I manage nearly 400 properties in NC and it is SO easy to get tenants out, there is no reason to be messing around with this lady. She is playing games. I see it all the time. Kick her out then hire a good property management company like us to get a new tenant in who will be no nonsense, no drama, and will pay like they are supposed to. 

Let me know if I can be of assistance! 

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  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    10y

    Where I have properties that rent isnt late till the 10th, somewhere around the 21st. Where rent is late after the 5th, around mid month.

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  • Michael Bowman
    Investor · Charlotte, NC · Member since 2015 · 187 posts · 137 votes
    10y

    Evict her. Faster than you can blink.

    I manage nearly 400 properties in NC and it is SO easy to get tenants out, there is no reason to be messing around with this lady. She is playing games. I see it all the time. Kick her out then hire a good property management company like us to get a new tenant in who will be no nonsense, no drama, and will pay like they are supposed to. 

    Let me know if I can be of assistance! 

    5Reply
  • Matthew Paul
    Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    10y

    I dont wait , I file on the 6 th  day 

    5Reply
  • Ken Badziak
    Miami Lakes, FL · Member since 2015 · 133 posts · 83 votes
    10y
    Philip Mullinax At 18 days in, you're only 15 days behind schedule. File the papers yesterday. If she pays up in the meanwhile, you can halt the process. But in the meantime, let the process do its thing; it takes time. Also, hire a PM next time so you're not put in this position again.
    4Reply
  • Darren Budahn
    Investor · Milwaukee, WI · Member since 2014 · 811 posts · 420 votes
    10y
    Better late than never. Start evicting tomorrow
    0Reply
  • James Gaither
    Vendor · Pasadena, MD · Member since 2016 · 43 posts · 24 votes
    10y
    Filing is cheap and you can always dismiss. It usually tends to expedite payment too.
    1Reply
  • Nancy Curran
    Real Estate Investor · Chicago, IL · Member since 2014 · 286 posts · 159 votes
    10y

    File. Today. 

    1Reply
  • Philip Mullinax
    OP
    Columbia, SC · Member since 2014 · 100 posts · 12 votes
    10y

    Thanks everyone for the advise.  Is there anyway to do this process from out of state?

    0Reply
  • Keith Goodwine
    Nashville, TN · Member since 2016 · 82 posts · 137 votes
    10y
    Originally posted by @Philip Mullinax:

    Hey guys,

    I have a bit of a quandary.  My current tenant is 18 days late paying the rent on our property.  I spoke with her last week and she said the payment would be in the account by last Friday with the late fee. Fast-forward to this week and now she is not responding to any of my calls, emails, or text.  She didn't have the best credit history, but I took a chance on her.  The property is in NC and I now live in Hi.  In your experience how long do you wait to start the eviction process?  With the distance I can't make a trip back home, so it will probably be through a lawyer.   I am concerned I will be stuck paying multiple months rent trying to get her out if she doesn't pay.  Any advice is appreciated. 

     There's a few options.  I have listed them from least expensive to most expensive.  

    If the lease is month-to-month, you can deliver a letter with 10 day notice to quit for non-payment. 

    You can have a real estate attorney write a threatening letter, stating the 10 day notice to quit and your intent to file for eviction, and have it delivered to the house via certified mail, or by a server. 

    You can also file for eviction with a real estate attorney.  You can do that the same day as the threatening letter, or you can hope the letter works.

    Even though you are in Hawaii, a local real estate attorney in North Carolina should be able to serve you via phone and email just fine.

    Sorry your tenant didn't work out.  Doesn't mean they'll all be this way.  Your next one should be better!

    0Reply
  • Philip Mullinax
    OP
    Columbia, SC · Member since 2014 · 100 posts · 12 votes
    10y

    @Keith Goodwine, thanks for the options.  I will start looking for a good real estate attorney tonight.  I hate this tenant didn't work out as the family seemed nice, but I guess lesson learned on my part.  I appreciate everyones advise.

    0Reply
  • Tyler Amburgy
    Rental Property Investor · Gallatin, TN · Member since 2016 · 39 posts · 29 votes
    10y
    Rent is due on 1st. State mandates 5 day grace period. I file on day 6.
    1Reply
  • Tyler WattsPro Member
    Buy & Hold Investor · Shelby, NC · Member since 2015 · 136 posts · 68 votes
    10y

    @Michael Bowman  

    He is absolutely correct. I just went thru my first eviction in NC. Due to me waiting it costed me around $2500 worth of rent/damage to the property and not to mention the amount of time I had to spend handling all this. If they don't leave on their eviction day then you can file for a writ of eviction. Unfortunately it gives them another 7 days but that's when the sheriff shows up and gets them out. Mine moved out the night before the sheriff came which is typical. 

    The market is strong and people are looking for rental properties, get her out and get another one in. I fell for the game playing and how they had all these problems, eventually all their problems turned into mine b/c I listened to their sob story.

    it's a business, not a charity case

    2Reply
  • John Thedford
    Real Estate Broker · Naples, FL · Member since 2013 · 9k+ posts · 6k+ votes
    10y

    The first thing to do is post a notice if required by law. Is non-payment of rent a curable default? You need to read your state statutes ASAP and then take whatever action is necessary. The more time you give a delinquent tenant the slower the resolution. IF they can cure by payment, get the process started to get your money. If not, get the process started to get them out. 

    0Reply
  • Kyle R.
    Real Estate Investor · Charlotte, NC · Member since 2016 · 92 posts · 103 votes
    10y

    Since you're in NC like myself, you'll have to post a 10 day pay or vacate notice. I just went through a very similar situation last month. Had a tenant who made every promise to pay, but never received a dollar. If the property is in Charlotte, I can recommend a great attorney who handles my evictions.

    Also, you may want to put a clause in your lease waving the 10 day pay or vacate notice. NC requires it by law, however, you can waive it if it's noted in the lease. Spoke with a magistrate in court last month and she confirmed. If you need the clause, PM me.

    2Reply
  • Louis Bratton
    Cary, NC · Member since 2015 · 32 posts · 7 votes
    10y
    It's pretty straight forward in NC. I have one I'm doing in Durham on Monday. You can actually do it via mail. All you need is the forms and instructions. If you would like I can grab a packet for you with instructions and forward it to you after I get back Monday.
    1Reply
  • Ian WalshBusiness Member
    Lender · Philadelphia, PA · Member since 2016 · 2k+ posts · 1k+ votes
    10y

    We go by the law to the day.  10 days after rent is late for us.

    0Reply
  • Brandt Smith
    Cypress, TX · Member since 2016 · 132 posts · 49 votes
    10y

    @Philip Mullinax Late day 3, start eviction day 5. If you wait any longer you are giving them time to trash your place. You also make it the norm to pay late and you deal with this every month.

    And even if they come up with the $$$ by the 18th, how will they scrape together the $$$ for next month?

    0Reply
  • Thomas S.
    Member since 2016 · 13k+ posts · 12k+ votes
    10y

     In my jurisdiction rent is late as of midnight on the first of the month. I begin the process the second with filing a notice to collect. This imposes a fee of $170 due with the rent owed. If I intend to apply for eviction it is filed in the 15th. 

    I always serve my tenants as soon as I am legally allowed.

    0Reply
  • Curtis WatersBusiness Member
    Rental Property Investor · Charlotte, NC · Member since 2013 · 292 posts · 176 votes
    10y

    If you are using the NC Realtor lease, it has verbage that waives the tenant's right to a 10 day notice.  You are also limited by NC law as to the amount of late fees.  When they go silent something is wrong.

    Surane Law in Mooresville can easily handle a Charlotte eviction - they are former eviction court magistrates.  Ask about their great NC lease that is very landlord friendly!

    I would not recommend a filing via mail - when I have gone they look for at least one party to attend.  What if your tenant appears and you don't?  They can say anything with no rebuttal from you.

    I agree that out of state investors need a property manager.

    1Reply
  • Mindy JensenPro Member
    BiggerPockets Money Podcast Host · Longmont, CO · Member since 2014 · 7k+ posts · 10k+ votes
    10y

    @Philip Mullinax, I'm not in NC, so I don't know if there is a mandatory grace period or not. 

    If rent is due on the first, it is late on the second, regardless of any state-mandated grace period. Just because a grace period exists doesn't mean the rent isn't due until that date. You just can't start the eviction process until the end of the grace period.

    I believe the eviction process starts with a pay or quit notice, which is governed by state landlord tenant laws and gives anywhere from 3-21 days to pay or you can start the eviction process. (3-21 is depending on the state the rental is located.)

    Your tenant will most likely make her payments as late as she can. If she pays at all this month, she'll most likely be late next month. Start the eviction process the very first day you can, and get her out so you can get a better, less headache-inducing tenant in place.

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  • Philip Mullinax
    OP
    Columbia, SC · Member since 2014 · 100 posts · 12 votes
    10y

    Thanks everyone for the great advise.  I'm sure I will have to find an attorney for this one in the Raleigh Durham area.  Does anyone have any suggestions?  This is definitely a learning experience for me.  Hopefully not too costly.

    @Louis Bratton- I would definitely be interested in getting the packet from you.  Let me know what you need to send it and I will make sure you have it.  I think for this one since I have waited a while I am going to go with an attorney to expedite it.

    @Kyle R. any suggestions for attorneys in the RDU area?  I will PM you for the clause waiving the 10 days.

    @Curtis Waters this definitely makes a strong case for a property manager.  We just moved out of the house less than a year ago and the margins aren't great, but I'm sure it would be worth it not to have to do this from Hawaii.  Also good point about having at least one party in court.  I think I could have someone represent me that is still local, but definitely a good thing to keep in mind.

    0Reply
  • Omar Ismael
    Agent / Investor · Newark, NJ · Member since 2015 · 95 posts · 60 votes
    10y

    Rent is due on the  1 st , after the 5 there is a $75 late fee . I file for eviction by the 11th

    0Reply
  • Justin Fraser
    Rental Property Investor · Fuquay-Varina, NC · Member since 2013 · 381 posts · 308 votes
    10y

    Don't wait, find an attorney and get this started, today, if possible. Send private messages to the other folks on this thread that are from NC and see if they have someone they can recommend to you. 

    In the meantime, the attorney will need a copy of your lease, and the amount owed, so make sure you have that handy so you can send it over.

    Good luck!

    0Reply
  • Philip Mullinax
    OP
    Columbia, SC · Member since 2014 · 100 posts · 12 votes
    10y

    Thanks @Justin Fraser, I have left a few messages to attorneys I have found online.  Hopefully its not too late to get it started before the weekend.

    1Reply
  • Randy E.
    Rental Property Investor · Durham, NC · Member since 2014 · 1k+ posts · 1k+ votes
    10y
    Originally posted by @Philip Mullinax:

    Thanks @Justin Fraser, I have left a few messages to attorneys I have found online.  Hopefully its not too late to get it started before the weekend.

     Hi Philip, 

    I've handled my evictions myself and had no trouble at all with the process.  Recently, @Andreas W. hired a local attorney to handle an eviction.  Maybe he can provide you with a referral.

    Good luck,

    0Reply
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