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Eviction Process / Notice To Quit Notification
by Jason
on July 2, 2019 @04:57
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I have a problematic tenant that chooses to pay their rent late (yet - within the lease guidelines). They have given excuses in the past:
1. Vehicle repair fees around Christmas, December 1 rent was late and paid in full on January 1 (I did NOT charge a late fee for this incident)
2. Loss of income (February 2019, $35 late fee requested and paid)
3. Vehicle repair fees (June 2019, $35 late fee requested and paid)
I was advised by another tenant of mine that their vehicle has been repossessed approximately 1-week ago, so I'm thinking that their rent is going to be late again.
According to my lease, rent is due 1st of every month, but late fees are not added until after the 5th day.
Given that it is July 2nd, rent was due yesterday, and I am anticipating an eviction, do I post a NOTICE TO PAY OR QUIT today (July 2nd) or on July 6th, since they technically have not paid this month's rent late yet.
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Re: Eviction Process / Notice To Quit Notification
by Garry
on July 2, 2019 @07:55
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I would wait til the 6th to give them the 3 day notice. In a judge's eyes, you have established a pattern of allowing a T to be late, then you request the late fees, and the T pays them along with the rent. Plus, you allowed the T to pay you Dec. rent a whole month later, on Jan. 1. Since you have been "soft" on the T regarding paying rent the past few months, you should not take a "hard" line on them now. A judge may not like that, and you always want to look good in a judge's eyes, even if it ends up taking an extra week or so to complete the eviction process. Does your state allow you to put in the late fees into the notice to quit? I'm from Iowa, and we cannot include them in our 3 day notices.
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Re: Eviction Process / Notice To Quit Notification
by lpadave
on July 2, 2019 @09:03
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My turn to agree with Garry on this one.
What you should be asking yourself is really,.....is this tenant paying market rent ? --- Are they an OK tenant other than being late ...? .? ---- and how much am I going to have to spend to turnover and prep their unit for a new tenant, at what rent ???
They seem to understand, accept and agree to pay your late fees. If they're honoring their commitment and time frame for getting you paid (all be it late),....seems like they're trying to make it work.
Perhaps a calm, quite conversation with them might be in order. No need to be a bully or read them the riot act,....but you do at least know what you have with these guys (meant in a good / positive way).
I think we've all had tenants we made a sincere effort to work with,....even bent way over backwards,...and they've ultimately turned out ok or even fine.
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