When is the best time to start the eviction process?

by **devon** » Sat Dec 17, 1994 3:02 pm

I have tenants who pay their rents the first of the month. After the 10th I charge them a late fee.
How long should I wait to call my lawyer and start the eviction process?
My lawyer says the 2nd, but I think that it's way too early, because I don't want to pay my lawyer for nothing in case the tenant pays after the 10th.

by **patwin87** » Fri Apr 18, 2003 8:07 pm

I have tenants who pay their rents the first of the month. After the 10th I charge them a late fee.
How long should I wait to call my lawyer and start the eviction process?
My lawyer says the 2nd, but I think that it's way too early, because I don't want to pay my lawyer for nothing in case the tenant pays after the 10th.

If the tenant is constantly late but pays on or after the 10th along with late fee and you think they will continue the pattern, it probably doesn't make any sense to start evictions since they will right up until the last court date to make good on the rent and wipe out the eviction. This will put you in a cycle of file, pay, dismiss/file, pay, dismiss...you might be better served to wait until the lease expires and provide the required notice that you do not plan on renewing the lease or going month to month. This eliminates the eviction process (unless they refuse to leave) and paying the rent does not extend the lease.

Having said that, if you reach say the 12th and they haven't paid, then I would worry and contact them, get a firm date (no later than say the 15th) and if not paid, evict.

by **gabrielo19** » Fri Apr 07, 2006 12:35 am

Legally he is right. Day 2 they are late. In most cases, after 30 days is the best time to start. If you are going to evict there are certain rights and disclosures you have to give the tenant in most states. The sooner you start those time frames the better if it really comes down to that point. Try to work with the renters if you can but also find out the laws in your state so you can protect your investment

by **bean** » Tue May 18, 2010 6:58 am

check your lease. You probably have late fee clause, and a time for eviction. But like the previous answerer said, wait until the lease is almost up, send them notice of end of lease and be done with them.

by **yehudi** » Mon Dec 19, 2011 3:05 am

I have tenants who pay their rents the first of the month. After the 10th I charge them a late fee.
How long should I wait to call my lawyer and start the eviction process?
My lawyer says the 2nd, but I think that it's way too early, because I don't want to pay my lawyer for nothing in case the tenant pays after the 10th.

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