Tenant paying late every month, accept late payment or evict?

Tenant paying late every month, accept late payment or evict?

Property Manager · TX · Member since 2019 · 327 posts · 69 votes

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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Rental Property Investor · TN · Member since 2018 · 2k+ posts · 2k+ votes
7y

Personally I would take it this time, but tell her that your grace is worn out and in the future you will not accept late rent and you ill evict, no more chances.

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  • Rental Property Investor · Closter, NJ · Member since 2015 · 884 posts · 722 votes
    7y

    Evict for habitual late payment. Moving forward, rent is due on the first of the month. If not paid by the fifth there is s $100 late fee. If not paid by the tenth, file on them. Do not let a habitual late payer do this to you, month after month after month. Get rid of them.

  • Property Manager · TX · Member since 2019 · 327 posts · 69 votes
    7y

    @Rachel Foster I didn't know about Tellus.  I will look into it.  

    Court date was today at 1:00 pm.  She was still trying to scam me by calling me 7:30 am Saturday morning saying she smelled foul smell from attic (we had rodent issues back in March which I already paid a rodent company came taking care of it).  Good thing I called and rodent guy came and said he smelled and found nothing (I think she was trying to build a case if I didn't not act promptly when she said she smelled foul smell). Then in afternoon she texted me saying lots of trauma in ER so she could not step out to pay ( she is not an ER nurse or doctor!).  So I told her I would see her in court.  Went to court today and she didn't show.  Judge said 7/2 is the day I can come back to file for writ of possession.  Sheriff will come to remove her 3 days later.  So we are looking at 7/6 for her to be gone because 7/4 is a holiday.

    @Gordon Starr I already told her that on Friday, that if she paid June rent along with all late fees and court filing fee on Saturday then I would withdraw eviction first thing on Monday morning.  She promised Saturday which didn't happen.  So I went to court today.  I am not putting up with her anymore even if tomorrow she has the money.  This is second time I filed for eviction on her already.  First time was in February which she did pay before court date so I withdrew it.  I now just want her out so we can move on.  

    The way I see it, I can keep security deposit for back rent of June.  If she is gone by 7/6 then I will only lose the month of July, plus some fixings.   Just hope she won't cause damage to the house when she moves out.  I did waive late fee for her on the first 3 months that she was late so if she has any decency then hopefully she will go without breaking things.

  • Real Estate Agent · Commerce CIty, CO · Member since 2018 · 127 posts · 78 votes
    7y

    Its not worth the stress, this will be a continuing issue every month and eventually she would reach a point in which she has nothing to lose and refuses to pay altogether.

  • Rental Property Investor · New York, NY · Member since 2019 · 42 posts · 13 votes
    7y

    @Courtney Duong Why not use some online rental platforms? You can go to a lawyer, but there are definitely no platforms that use the Internet. You can not charge your rent without delay, you can also pay attention to the tenant's dynamics in real time, you can even uninstall the app after registering the information, similar to the software such as tellus can achieve such a function, I suggest you Try it out.

  • Property Manager · TX · Member since 2019 · 327 posts · 69 votes
    7y

    @Jason Cacioppo I agree.  Which is why I went to court yesterday.  She didn't show and I was so happy thinking I will get her out by 7/6.  This morning she texted me saying she will file an appeal and pay this month rent to court registry so she can get another court date.  She obviously knows this process very well.  I told her I will see her in court.  Not sure how it will work out if she appeals but I am willing to take a chance.  Worse case is the judge won't kick het out.  If so, and if she doesn't pay July by 7/3 I will deliver notice to vacate and file for eviction again 3 days later.  No more late payment for her, not a single day.

    @Stephen Willis  I didn't know about these online platforms.  this is my second year at this so still learning.  Will definitely check into that though. Thanks.

  • Property Manager · TX · Member since 2019 · 327 posts · 69 votes
    7y

    Anyone have any info on how will it go if she appeals?  Will the judge make me take her late payment and dismiss?  

    in the article Brandon posted about how to evict he only said that if tenants won't show then landlords win by default.  But didn't talk about when tenants appeal so I don't know how the process will go in the case tenants appeal.  

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