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I went through a year's lease with a tenant who just could never pay on time. Being the sucker I am I gave her multiple opportunities at remediation of her problems and she ultimately did
catch up by the end of the lease term (June 30th).
She made July's payment mostly on time... still haven't seen the payment for August or September (rent is due on the 1st)
I decided to list the house and there is a stipulation in our lease agreement that she has to accommodate showings. It's still early, but so far no problems.
However, after talking to Heartbreak Sally (seems mean but she actually once used the excuse that her employer worked for a Mexican cartel) again about paying the rent, I speculate that she is setting aside money to move. I considered eviction, but if she pays within 7 days I have to accept it. Since it's month to month, I can terminate at will with a 60 day written notice, which I believe is the better solution. However, I spoke to an attorney earlier and he said the 60 day noticed may be waived in some circumstances including late rent but didn't really provide me with much insight on how to word the termination letter in that regard. The earliest he could get to it is next week and I don't want to draw it out.
I will not substitute advice on the forum for "legal" advice, but I would appreciate recommendations and case studies. I am hoping for insight on the right questions and directives to give the attorney I speak to tomorrow. I don't want to keep throwing money away if possible.
Thanks all!
I think what your attorney was probably saying, was that if a tenant doesn't pay their rent, you don't have to give them 60 days notice. You can just file for eviction for non-payment of rent.
Due to today by 5PM. Tenant is scheduled to deliver payment at 4:30.
Sorry for lack of updates, I have been traveling non-stop. I had to postpone the first hearing until the 10th. She and I agreed during recess that she will pay the full amount by today at 5PM. The magistrate judge signed the order. Failure to pay will result in an immediate writ of possession issued INSTANTER.
I'll post another update when I receive the rent and PM Hollywood my Paypal information so he can send me my 50 bucks.
Due to today by 5PM. Tenant is scheduled to deliver payment at 4:30.
Sorry for lack of updates, I have been traveling non-stop. I had to postpone the first hearing until the 10th. She and I agreed during recess that she will pay the full amount by today at 5PM. The magistrate judge signed the order. Failure to pay will result in an immediate writ of possession issued INSTANTER.
I'll post another update when I receive the rent and PM Hollywood my Paypal information so he can send me my 50 bucks.
OK, OP, we will be waiting for updates ... but I am still a little confused, I mean this tenant didn't pay on August 1st or September 1st or October 1st ... but suddenly will have all the monies due you? It just seems, well, unlikely (and what a completely irresponsible human being she is ). If she had the money, why did she not pay you on August 1st, September 1st, and October 1st?
OK, OP, we will be waiting for updates ... but I am still a little confused, I mean this tenant didn't pay on August 1st or September 1st or October 1st ... but suddenly will have all the monies due you? It just seems, well, unlikely (and what a completely irresponsible human being she is ). If she had the money, why did she not pay you on August 1st, September 1st, and October 1st?
She’s been buying lottery tickets with the rent money and got the big win this weekend?
OK, OP, we will be waiting for updates ... but I am still a little confused, I mean this tenant didn't pay on August 1st or September 1st or October 1st ... but suddenly will have all the monies due you? It just seems, well, unlikely (and what a completely irresponsible human being she is ). If she had the money, why did she not pay you on August 1st, September 1st, and October 1st?
You got me. I can't even keep up with the litany of excuses anymore. I just know that she paid today by 5 or per the magistrate court, her stuff would be beside the road tomorrow afternoon.
After all you have gone through with excuse after excuse and their pathetic payment history, you actually accepted a check as payment for something this critical?
I wouldn't be so "Hollywood" just yet when you have barely even left Kansas. That check is just a piece of paper and means absolutely nothing until it is actually deposited, verified and cleared through your bank which will take a few days. So you could still take a wrong turn and end up right back where you started from for all you know.
Location: When things get hot they expand. Im not fat. Im hot.
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Never deposit an iffy check. If I don't know a person I always check first with their bank to see if there are sufficient funds. I don't deposit the check even if the funds are there. The check can still bounce if the funds are gone by the time your check clears. I go to their bank and cash their check at the counter. The bank will take the funds directly out of their account. Same as if they wrote a check for cash. This will save you bounced check fees. Also after a couple tries the bank sends the check back and then you have to hunt them down.
BTDT. I used to have a shop. I patiently waited for 6 months to collect on a bad check once. I'm sure they had quite a few bounced checks after I snatched my money out of their account.
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). If she had the money, why did she not pay you on August 1st, September 1st, and October 1st? 
