When exactly do you start the eviction process?

2 Replies

Hello BP! 

I have a tenant who hasn't paid rent this month, and it is already the 20th!  Rent is late on the 4th, but I don't have a specified date on the lease that says "if rent is not due by XX, than eviction will begin."  I'm trying to work with my tenant.  She got behind at work and missed bunch of days, and is now playing catch up.  

It's already the 20th, should I start filing for eviction?  

In your experience, when do you start filing for eviction if your tenant is late?    

Thanks! 

If rent is due on the FIRST it's late on the SECOND, although you shorted yourself a few days on this. Depending on local laws you (probably) need to "nail and mail" a "notice to pay or quit". That's the way it worked for me in TX and CA and I used to explain to my tenants, at initial interview and LEASE SIGNING that rent was due on the first and late on the second. Then I explained how the process worked, notice of pay or quit within 3 days, followed by me heading to the JP's court on the FIFTH. If you haven't done the initial steps you can't do the follow on steps. 

I've found in 99% of cases when people complain about "laws in X state" favoring the tenant and it taking 6 months or more to evict it's really a case of the landlord not knowing, or following, the law.

Your post sounds as if you've wasted a few weeks. If they can't pay one month in March they won't be able to pay two months in April. Get moving.

You need to start with a 3 day pay or quit notice. Once that’s served and they don’t pay in 3  days you can filing for eviction. 

Never let rent get that far behind. Most people CANT catch up and are hoping they can slide by 

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