When is it time to evict?

9 Replies

Whats up BiggerPockets! Long story short my Father recently inherited a few rental properties from his Father when he passed away. One of his tenants who's been living in the apartment for a few years has been MIA for 2 months. From what he's told me she's always paid her rent (although she has been known to be late). She's an older women who travels a lot, so she's always in and out of the apartment. As of right now she has been MIA for 2 months. She hasn't paid her rent and my Father has not been able to get into contact with her. All of her stuff is still at the apartment.

My question is, when is it time to evict? He is struggling with the decision because she's been a reasonably good tenant in the past. I don't know how to advise him, so what does everybody think? 

It’s time.

The correct time to evict is Immediately after rent has not been paid and the grace period has ended.

State law varies, but usually this is the 3rd or 5th of the month. There is no decision to be made, the tenant made the decision for you! EASY!  Your dad is making the common mistake of thinking tenants care about his business being profitable, they don't, they shouldn't, but HE SHOULD.

Tell dad to STOP BEING NICE, it's not profitable and not helping.

Start the process. If she shows up and pays up, you can stop the eviction at any time.

Document each time you've tried to contact the tenant and the method.  Take a further step to contact the emergency contact (if any).  Serve the eviction notice, following all the local jurisdictions eviction laws and process.  Now is the time.

You serve the pay or quit notice the day after rent is due. Rent is officially late at midnight of the due date. If it is then not paid within the time limits stipulated in the notice (as set by your state landlord tenant regulations) you may then proceed with the eviction.

Your father should have posted 2 months ago. The fact that she may be a reasonably good tenant is irrelevant. Start the eviction immediately.

@Alexander Felice    the grace period has nothing to do with when notice is to be posted. The grace period is only related to when the late fee may kick in. Post pay or quit on the 2nd of the month.

I would contact the emergency contact asap. Then check the property to make sure she is not dead inside. Then go file for eviction so that this does not drag on for months longer.

She’s either dead or intentionally skipped town and didn’t tell you. Evict her.

Originally posted by @Kyle Kenyon :

Whats up BiggerPockets! Long story short my Father recently inherited a few rental properties from his Father when he passed away. One of his tenants who's been living in the apartment for a few years has been MIA for 2 months. From what he's told me she's always paid her rent (although she has been known to be late). She's an older women who travels a lot, so she's always in and out of the apartment. As of right now she has been MIA for 2 months. She hasn't paid her rent and my Father has not been able to get into contact with her. All of her stuff is still at the apartment.

My question is, when is it time to evict? He is struggling with the decision because she's been a reasonably good tenant in the past. I don't know how to advise him, so what does everybody think? 

2 months of no contact and no rent? It's time to start posting and starting the eviction - which could take a month or more depending on your location. Moving forward it's always good to have emergency contacts for your tenants/on their leases - for reasons like this.

when you have this thought in your head...

"I wonder if I should evict. I'll ask BP...I bet they'll know."

...it is unfortunately well past the point where you should have started the process.

From here on out, you should start the process the day after rent is not paid on time, according to your state laws.

You should serve papers immediately. On a side note...are you sure she is not hurt/dead? I would also consider posting 24 hours notice to enter, or call police and ask them to escort you to conduct a wellness check.

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