Do I move forward with filling the eviction? OPINIONS APPRECIATED
I'll try to keep this as short as possible. I just recently purchased a 4-plex (closed Dec 22) with an FHA loan. One of the purchase agreements was that the one of the current tenants needed to be given a notice of non-renewal on their lease and needed to vacate by Jan 31st so that I can fulfill my FHA requirements of occupying the property. Come January, said tenant did not have rent by the 3rd (their current grace period) in which I contacted him and informed that my leases give until the 5th and that he would have another 2 days before late charges would be applied. On the 5th the rent was still not there so I posted his 5-day notice to pay or vacate by eviction. I also sent him a message asking if we could talk about the situation. I was able to make contact the next day and was told he didn't have the rent due to he is unemployed (this I know) and needs his next check to cover the costs of the new place they are moving into. He also stated that he and his family are planning on being out by the 10th anyways. For all I know he could just be saying that though. But not knowing that, I told him that if he can be out by then and we are able to do the move out inspection by the 11th we would not move forward with the eviction and would just deduct his January rent and late fees from his security deposit. I followed up with him yesterday asking if today or tomorrow would be best for his move out inspection and have yet to hear anything back.
My main question here is since I know he is moving out by the 31st do I still move forward with filing the eviction or just wait until he is completely moved out and deduct his respective debts from his security deposit? I don't want to be a hard a** , but I still need to make sure I'm protecting my business as well.
Any opinion or advice will be greatly appreciated! Thanks.