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Courtney Duong
  • Property Manager
  • Texas
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310
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Tenant paying late every month, accept late payment or evict?

Courtney Duong
  • Property Manager
  • Texas
Posted Jun 20 2019, 19:10

Hi all.  First year as a landlord here and I  need advice on this. 

 I have a bad tenant who has been paying super late (30 days, 45 days, 20 days late) every month for the last 7 months (except March).  The first couple times I waived late fee.  Then I started charging late fee and she paid late fee for those other times.  I am getting really tired of sitting and waiting and stressing out whether she is going to pay me or not, or how, or when.  It really drained me out.  I don't want her late fee, I just want to get my payment on time.  I have a full time job which stressed me out enough already.

So, in May she did it again, not paying.  On  6/3 I delivered notice to vacate.  Then on 6/7 went to court to file for eviction.  Court date is set for next Monday 6/24 because she was still not paying for May, nor June yet.   On 6/14 she paid for May rent, along with all late fee.  I told her I will not except late payment for June and will still go to court for eviction because she has been doing this every month.  Today she texted me asking if I accept late payment for June or not.  What should I do?  Accept her late payment for June, along with all late fee, and court fee (for filing eviction), and withdraw eviction, and suffer again with her being late again and again?  Or tell her I don't accept late payment anymore (and is it even legal to do so?) and go to court on Monday?  I just don't want to deal with her again, at the same time I am afraid if I don't accept late payment and this time she has money to pay and willing to pay late fee the judge might decide to let her stay and I just waste my time going to court.  What should I do with this tenant? I am in Texas and the property is in Texas.

Thanks.

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