How long do you give late paying tenants before eviction notice?

Question

How lenient are you landlords with late paying tenants? Rent is due on the 1st and late by the 6th. If they are late, do you start the eviction process immediately or do you wait and see if tenant can get balance paid by the second, third, fourth month?

Michael Noto · Answer

Once tenants fall behind you need to figure out why as quick as the law allows. Are they not paying you on time because they don't have money or they are they prioritizing paying you last? Either way if you serve them with a notice to quit (which is not the start of an eviction, but is a necessary step to eventually filing one) you will find out which it is because if people who fall behind never get back on track in my experience.

Nathan Gesner · Answer

You should have an established, written policy to follow. My state requires a 3-day grace period so I charge a late fee on the 5th and I start eviction on the 10th. No exceptions. Even if the tenant promises to pay rent and late fees on the 11th, I remind them the eviction process starts on the 10th, will add another $50 charge to their account, and will only be stopped when they've caught up.

Theresa Harris · Answer

@Jason Y. Why haven't they paid the rent? That should be at the top of their list of bills to pay. I would start the eviction process as it is usually a downhill slide and they will simply end up owing your more money.

Wesley W. · Answer

@Jason Y. Wow, owes balance over a few months? I would have long turned it over to my attorney by now. It almost never gets better with a tenant in your situation.

On the 6th they get a rent demand letter (soonest I can per statute). On the 20th (per NYS law) I call my attorney and he gets his process server going.

Jason Y. · Answer

Assume tenant has been making several payments and not in full. It's been about 3 months in trying to get his balance paid off. I think its been more than fair. Do you communicate to him that on the 6th, if rent is not paid in full, then the eviction process will begin?

James Galla · Answer

@Jason Y.

Depends on the tenant. I rewrote my lease for a tenant that is a Ph.D. candidate so he/she would have a right to cure a default by non-payment by a couple days.

Normally, though, I would immediately go through the process. If you're dealing with a higher class of tenant, maybe you'd give them more time.

How long do you give late paying tenants before eviction notice?

How long do you give late paying tenants before eviction notice?

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