I'd offer to accept the payment and the late fee, but also charge her the court filing fee and in return, void the eviction. In the future serve her a quit or pay notice and assess a late fee at the earliest possible date. My guess is she will pay up before the court filing, considering the costs come to her. If she doesn't pay, the eviction will destroy her credit and it may be worth pointing that out to her now, she may not know this. This behavior is aggravating and I myself show up at the doorstep to discuss it directly and pointedly with the tenant if they are pulling this.
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.
@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.
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.
@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.
@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.
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.