Lease ending soon, still need to file to evict??

Question

I have a tenant who's lease is ending middle of next month, they haven't paid for this month's rent yet.

We gave them notice that we will move to evict if they don't get caught up.

Should we just wait out the lease since its so close and then file a demand of possession?

Or do we still need to still go through the eviction process?

Trying to find the simplest route to take to resolve this issue.

Greg H. · Answer

They have failed to honor the agreement by paying rent so why do you believe they will honor the agreement and leave?  File the eviction!

John Underwood · Answer

You can absolutely wait, but they may want to pay so that the eviction is cancelled.

They will likely try and not pay the last moth thinking you can keep the deposit. This doesn't protect you if their is damage.

That is why I always charge a larger deposit than one month rent.

Cassi Justiz · Answer

I would still go ahead and file your eviction. If you think you may still have to go to court to regain possession, why wait it out for another month? If they are refusing to pay, get them out asap.

Also, by keeping your word and moving forward with the eviction you may save a future landlord from the same problem.

John T. · Answer

@Cody Furman. At least properly serve all tenants with a Notice to Vacate.  Then, if they don't move out at the end of the lease term, you can immediately file an eviction suit.

Nathan Gesner · Answer

Yes, you can wait. However, there's a very good chance they'll just continue living there for rent free.

You should set a policy and stick to it. I file the 3-day Notice on the 10th day of the month. If the tenant tells me they will pay on the 12th, that's fine but I'm still going to file the 3-day Notice on the 10th, I'm going to charge them for the filing fee, and I will continue with the eviction if they don't pay me on the 12th.

Filing the 3-day may be motivation for them to pay or move out, both of which are better options.

Justin Kane · Answer

its a hassle issue the eviction notice, do everything YOU are supposed to do, be professional. send them to collections is you have an account for that

Ray Harrell · Answer

@Cody Furman, did they indicate that they were moving? If they did, and you have reason to believe they will leave, then wait it out. If they haven't then maybe filing for eviction will put a fire under them to leave. Ideally you want them to leave without incurring any cost. The likelihood of you recouping any money from them is about 3%, so don't spend any more than you have to.

Cody F. · Answer

@John Underwood

So there's no way to save the hassle and money by waiting a couple weeks for the lease to expire?

John Underwood · Answer

@Cody Furman File the eviction and add the legal fee to what they owe you.

Lease ending soon, still need to file to evict??

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