Rent’s Late Again, Can You Evict?
April 18, 2013
Question: I have a problem tenant. He doesn’t keep up the place, he comes and goes at all times of the night and is generally a poor neighbor to my other tenants. What’s more, he’s chronically late with his rent. Most often, he won’t pay the rent unless I take the time to place a delinquency notice on his door and threaten to begin eviction proceedings. If the rent is late, can’t I just refuse to accept payment and evict this loser?
Answer: So the rent is late and you send the standard 3-day notice to pay up or move out. But you don’t want the tenant living in your property anymore, so you figure this month is your big chance to get rid of him. Trouble is, the tenant shows up on the third day, cash in hand including a late fee, ready to pay. Maybe he’s five minutes past the deadline. You say, “No way! You know when the rent is due. Keep your money. I’m evicting you for non-payment.” The next day you go to the courthouse and file the eviction. The tenant doesn’t move out, but shows up in court on the appointed day. He explains how you refused payment after you sent him a 3-day notice. He then hands your notice to the judge. The judge asks “is this correct?” You agree. The judge says, “I rule for the defendant.” To make matters worse, in your jurisdiction the law says that since you refused payment, the tenant no longer owes you for the amount you refused. You not only still have a bad tenant, but you’re out a month’s rent as well.
Being a landlord is a big responsibility. You must not only follow the letter of the law, but the spirit as well. A 3-day notice is not the opportunity you’ve been waiting for to free yourself from an undesirable tenant. It is what it is…..a notice to pay the rent or move.
About the Author: Bob Cain
Some 30 years ago Bob Cain went to a no-money-down seminar and got the notion that owning rental property would be just the best idea there is for making money. He bought some. Trouble was, what he learned at the seminar didn’t tell him how to make money on his rental property. He went looking for help in the form of a magazine or newsletter about the business. He couldn't find any.
Always ready to jump at a great idea, he decided he could put his speaking and writing skills to work and perform a valuable service for other investors who needed more information about property management. So Bob ferreted out the secrets, tricks and techniques of property management wherever he found them; then he passed them along to other landlords.
For over 25 years now, Bob has been publishing information, giving speeches, putting on seminars and workshops, and consulting for landlords on how to buy, rent and manage property more effectively.
3 Comment on “Rent’s Late Again, Can You Evict?”
Bruno Friia
April 18, 2013 at 11:07 pm
Bob – like your new format – best wishes.
Bruno
Mike Hill
April 18, 2013 at 11:12 pm
Strictly speaking, you answered the question, but didn’t do much to solve the guy’s problem. Your warning to the owner about accepting rent 5-minutes after the deadline is justified for the reason you described, but if the tenant is “chronically late”, he’s not likely to respond within 3-days, plus 5 minutes to the 3-day notice. The real problem is that even if the owner trys to evict after 5 or 10-days, the tenant can justifiably argue that the owner has set a pattern of accepting late rent, so can’t immediately reverse it and evict. A judge will agree.
The owner must first put tenant on notice that he’s reversing the pattern before strictly enforcing penalties for late rent, including eviction, but depending on lease terms, the owner probably can evict/refuse rent for disturbing neighbors and not keeping the place up.
As with the late-rent pattern, though, the owner will have to first notify tenant in writing that he’s violated terms of the lease (be specific about which ones) and that a second violation will be cause for eviction. Unless the tenant straightens up — doubtful — either late rent or other lease violations will be ample reason to evict and then to defend the eviction, if it comes to that.
kathy frisbie
August 16, 2013 at 1:38 pm
Thanks for the clarification Mike, when I got done reading rents late again, can you evict? I too thought he hadn’t actually answered the persons question. But you have!!!!!!!