To Evict or Not to Evict?

[Nick M.]

Hey guys,

Here's the situation.  Based on it, would you evict or not?

- Inherited tenant Oct 2016 in NJ

- C class area
- Always late on rent (excuses included spent money during holidays, was traveling for work, car was hit and now claims mom passed away)

- For added flexibility when she signed my lease papers (previous owner had verbal agreement) I said she can pay rent on 7th of month rather than 1st

- Despite that flexibility she's always late (pays by end of month)

- Keeps apartment clean

- Quiet tenant

- Pay $100 less per month than market

So the question is evict or not to evict OR do you suggest an alternate solution (incidentally I just emailed her with a cash for keys offer...no reply yet)

Thanks

[Matthew Olszak]

@Nick M. It sounds like you've now got a written agreement (lease). What does that agreement say is required of your tenant, and what recourse do you have for her not complying with the agreed terms?

If she is always paying by the end of the month, you have essentially gifted a month's rent to her. Whatever day rent  is due, the rent is due, be it the 1st or the 7th or the 25th. From there, follow your state laws to issue notice that an eviction case will be filed if not paid within the statutory time-frame. I would have said leave cash-for-keys as last resort, but you've already done that.

#1 - stop caving in to her nonsense. Rent is due when its due. If an excuse won't pass with your county treasurer for tax payments or your bank for mortgage payments, it shouldn't pass with you. The flexibility only sets a new standard that the due date is when she normally pays and not as established by your contract.