Evict tenant breached payment plan contract separate from lease?

4 Replies

Can someone help me with this question? I have a tenant under a lease for one year. She breached the contract by missing a payment for 2 months, but i didn't take her to court. I drafted up a prepayment contract where she turns over her security deposit for missing the payment of one month and put her on an installment plan to pay for the other month. The agreement was for her to pay by a certain date. We both signed and agreed to it. She didn't pay by that date. I sent her a pay of leave letter, but she wants to pay me on a date that she chooses to pay on. Now we're running into the next month where she will be late for that payment yet again. Do I have to accept her payment for breaching the contract? And how difficult will it be to evict her from the property if I decide to take her to court?

Eviction is going to be based on how your lease is worded.  Your lease should say when her rent it due, i.e. she doesn't get to choose the date she pays you (at least not w/out consequence).  If you had someone halfway competent draw up your lease, I would think eviction would be pretty easy.  I would start the eviction process soon as opposed to dragging this out further, in essence eating more money. 

If I'm in your situation, I'm of the opinion she isn't paying and is just trying to sponge her way into as much free living as possible before she is forced out.

Have you tried just asking her to leave?  I had a tenant who was behind on rent and my property manager told her it was time for us to part ways; she left w/out a fight.

I agree with Tobey, talk to the tenant and try to get her to leave on her own. Let her know you will be starting the eviction process if she doesn't leave willfully and make sure to explain the consequences of having an eviction filed (very difficult to find someone willing to rent to you). Hopefully she will take the smarter route and you can avoid the headache of an eviction.

I went through a similar problem and realized you really can't give any leniency.

Also no matter what, you need to remain unnattched and professional. If you take it personally or get emotional the process will be much more stressful for you (speaking from my own experience here).

You definitely need to start the eviction proceedings as soon as possible. Send her a letter via certified mail demanding full payment of all money owed,  that she is now in default and you are now filing for an eviction.  If she owes you July, August and now September rent, you should be demanding July & August at a minimum.  Hopefully, it will scare her into paying you something. If she doesn't budge, you just go to court.   As long as your lease terms are clear, you shouldn't have a problem getting the judgement in rent court.  Make sure you have a clean ledger of what she owes and what she's paid as you will need that.  

When you allowed her to negotiate payment terms, she realized she had room to play and that's exactly what she's doing.  Never let them play on your heartstrings because you end up getting burned 99% of the time. The more money she owes you, the more unlikely it is that she will ever be able to pay you.  Don't delay, start tomorrow and don't be afraid to be the "mean landlord" that gets his rent on time going forward.

Best of luck to you!