Eviction criteria and process

3 Replies

@Josh Fernandez


A few schools of thought that I've seen. 1) The day they miss their payment serve a notice. The reason being is that people usually have about 10 days (depending on where you are) to resolve before you can take the next step. If you wait a week then serve, that'll be 17 days after they missed their payment before the process really starts. 2) Talk to the tenant and see what's going on. If it's a good reason and verifiable, their car engine just gave out, their parent just died etc. create a payment plan. As soon as they miss their payment plan, serve the notice. 3) Case by case, if they're consistently 5 days late but they pay every month then it might not be an issue. Might even be worth it to wait the extra few days if a late fee is applicable (per your laws) and you get to collect a few more dollars every month. 

Depends on your patience, time, and risk tolerance.

Depends on your state law. My state requires a 3-day grace period before I can charge late fees or start eviction.

Rent is due on the first day of the month.

If not received by the fifth day of the month, then I charge a late fee.

If they haven't paid everything in full by the 10th day of the month, then I hit them with a 3-day Pay or Quit.

If they don't pay everything by the end of the third day (or move out), then I file in court for a forcible entry and detainer. My court no more than 14 days later, usually less, and I always win my case.

This means I can typically evict a tenant before the month is over, limiting losses to one month of rent, which the deposit can cover. Then I'm only out cleaning and repairs.