filed for eviction now T wants to pay - Landlord Forum thread 348516

filed for eviction now T wants to pay by Anonymous on September 24, 2016 @17:03

I have a T who is constantly late, lies about having sent the rent and/ or bounces checks. I do everything by the book and send out written pay or quit notices every time and I'm tired of him. He usually does pay by the pay date but this time he did not. I waited two more days and filed for eviction. Suddenly he texted me asking for my PO box # AGAIN and I said, sorry, it's too late, you should have gotten your eviction papers by now. He said, I know but I still owe you the money.
Even though he did not pay by the pay date, is he curing his lease violation by paying before the court date? Do I have to accept the check? I want him out... he's too much work.

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Re: filed for eviction now T wants to pay by Garry on September 24, 2016 @18:30	[ Reply ]

I'm sure you had to pay some money to file your court papers. Ignore your T for now, and go to your court date. You can always come to an agreement in front of the judge. If the judge grants you an eviction, follow thru with it. If the T gets to stay, make sure you get all your costs for filing, paid by the T.

You don't have to accept his "cure" by Kathleen on September 24, 2016 @18:56	[ Reply ]

Follow thru since you already have a court date. Check your rental agreement. The one I use says that all court costs and reasonable attourney's fees are paid by the tenant. For me, that is $1k on top of the rent that is owed. IMO, this tenant has reached his expiration date and if you accept his apologies and rent +late fees, you'll be filing in court again. It's time this professional tenant finds another leg to get on.

Re: You don't have to accept his "cure"

I've gotten my legal costs in my jurisdiction

Re: I've gotten my legal costs in my jurisdiction

It is in my jurisdiction nfm

Re: filed for eviction now T wants to pay by Katiekate (New York) on September 25, 2016 @14:46	[ Reply ]

Actually...if he pays before the court date....you do have to accept that cure. Hopefully, your lease makes the tenant responsible for all legal cost you incur due to the tenants failure under the lease (not paying on time is one such failure). I charge $25 to,post the notice "pay or quit". (I pay one of my guys to do this...it actually does cost me that much). My lease includes a % 10 late fee, and I Have to pay $120 to file. So...I have another notice to the tenant. October rent (coming month) is rent+10%'+ $25 admin fee, +$120 court charge. All money paid is applied to fees FIRST, then to the rent. Failing to pay in full means another late chare, and another admin fee....etc My experience has been that tenant forced to pony up all that extra only do it once...it is just too painful in the pocket book. Those who are repeat offenders usually end up in the hole too deep to get out and I get into court before they pay...sooner or later...usually sooner. Bide your time, extract your fees...if he keeps it up, you will get him out...or he will straighten up and fly right to avoid further financial pain.