Tenant has rented about a year and a half-causes no trouble, but is constantly late with rent. 5 Day Notice has been mailed pretty much 11 out of 12 months of the year, and usually rent is paid on the absolute last day- some months literally while driving to the courthouse to file after much back-and-forth.

Its important that renters don't go past two weeks- as that basically erases their deposit- with no chance of collecting anything if they take off after renting a month free, and nothing to cover vacancy or damages. Leaving the landlord of course, screwed.

Every month of course there's an excuse, from lost job to starting life over, etc.

Although after the battle she does pay a late fee. Two months ago she managed to get financial aid to make payment- a one time thing, which was a whole month ordeal. She paid on time (first month ever) the following month, and now this month 10 days in and nothing.

So, here we are again. A text "Please be sure rent is paid before expiration of the 5 day notice as we cannot extend due to your payment history" resulted in a response, "I'll be out Friday."

I'm well aware of the 'as long as they pay and the late fee, then why not?'.... but the fact is you never know IF the payment is coming, and as I said once you're past 30 days you have no deposit and an uncollectable renter.

What to do in this situation?

I have the same problem but I have a hefty late fee, $20 per day after a five day grace period. I am considering removing the grace period for the exact reason you state.

Is this resident in an annual lease or month to month?

What does the lease say about notice?

I would respond, thank you for letting us know you will be out Friday. In order to preserve as much of your deposit as possible, so that we may refund as much as possible, please be certain the home is completely clean upon move out, and move in ready. We are happy to schedule a walk-through with you. Does tomorrow at 5pm (or whatever time) work?

Please check your email for our move out checklist.

We will return all security deposits in accordance with state and local laws.

Then, on days 6 after the 5 day notice, file.

Next, get them out, since they said they would be out.

Third, clean, repair and recent.

Fourth, apply security deposit to cleaning, repairs that are attributable to tenant, and unpaid rent and late fees.

Fifth, send bill for what they owe you.

"causes no trouble, but is constantly late..."

Uh, those are mutually contradictory statements. Constantly late IS trouble. To paraphrase a popular Disney song,

>>Uh, those are mutually contradictory statements. Constantly late IS trouble.>>

All good points, especially the last one. To be honest I'm dreading all the work of renovating the apt after she leaves and finding a new tenant. Under severe time and financial strain as all my remaining money is tied up in a house flip and I'm already working till 11 each night and broke, which has taken way longer than expected and back taxes overdue on. Months still to go on that.

In other words, its "The Perfect Storm". Perhaps its time to strike up the band and sink with dignity.

She just texted and said she had a tooth pulled and a dental bill, hence no rent money. Seriously, you paid your dentist before your housing? The woman should be evicted just for plain budgeting idiocy imo. How can people like this get by while I end up bankrupt...

When is the expiration of the Five Day period, vis-à-vis "Friday"? Is she promising to be out before the expiration or after?

I would not rely on her promise to be out Friday. You have served a Five Day Notice. Upon the expiration of that period, if she is still in possession, I would file for eviction, as if she had not promised to vacate.

After all, she promised to pay the rent on time every month. Her promises mean nothing.

If you file for eviction and she vacates, that is great. But if you don't file, in reliance on her promise, and then if she does not move out, you are two days further behind.

OK Imma give you some tough love here.

“Timid landlords have skinny kids.”

When I read your post, I thought, “this sounds familiar” and sure enough I had responded to this exact tale of woe in your post in May. But I also see you posted about the same issue Feb 15 and Jan 15.

Each time you got great responses from those here. Obviously you chose not to move with the advice given. After this you can only blame the person in the mirror.

YES it is difficult to tell someone “your way or the highway”…. But this is the result if you do not.

A good friend of mine is a terrible landlord. Tenants would pay late and she would let them and just “hope” they paid. One time she was at my house and I said, “we’re dealing with this NOW”. I typed up the P or Q, we immediately went to the property and I waited while she served it. She called me the next day: “They paid!” Amazing what you get when you ask. But…she is back to her old ways. Honestly it is difficult to be friends with her…I no longer answer the phone when she calls. I wait a day or two because it is inevitably about a problem/ tenant. I have told her time and again that I would be happy to help her screen BEFORE she lets these people in, but she won’t and has constant issues.

I was kind of feeling sympathy, and still am to a point, until I read Blue's post. Have you posted this before and heard the same thing from the folks here? If so, shame on you!

It is always hard to evict a tenant. It's never the right time. In this situation, it seems like you are bluffing with the 5 day notice. The tenant is now calling your bluff on that 5 day notice. They have now told you that they won't pay at all since they "had a tooth pulled". This is what is called doubling down on their bluff.

I have been in your shoes before and I have felt that pain. I'm sorry you are going through it. Once I learned zero tolerance, there isn't much wiggle room. Get them out and a new tenant in. Once that happens, start saving for an emergency fund so when this happens again, it won't be as financially draining to you.

It is never too late in the month to practice Zero Tolerance. Quit talking to them and just file for eviction.

I agree with Robin in that not paying rent is trouble.

I also agree with others in zero tolerance.

I think it was Sid that said on another post that you get what you allow. She is giving you the runaround because you are allowing it.

From Blues post it sounds like you are not listening.

I know it is hard to juggle your time but you are wasting more time dealing with this tenant every month and loosing more money then if you just get them out and replace them.

Learn to screen better and get better tenants and not take any bull.

I am not a very experienced LL myself but these other LL on here give good advise and you can learn from them.

Vee, That is a good point.

Tri,

You get what you allow.

I sense your fear to take action on this. You MUST or you will lose MORE money.

Moving out is the best thing she can do for you.Bite the bullet and turnover this home.

She has proven she is in over her head and sinking. This will only get worse.

Heat bills, Christmas presents, and holiday shut downs are coming soon. Right now is a PERFECT time to re-rent before school starts.

I used to brag about how much I brought in on late fees. Then I added what I lost when they finally flunked out and left a mess.

I have a no sense rent due on time policy. On my welcome letter I lay out my 3 day grace period is cast in concrete. Day 4 you will have a 3 day to pay or quit.

I have a no sense rent due on time policy. On my welcome letter I lay out my 3 day grace period is cast in concrete. Day 4 you will have a 3 day to pay or quit.

I have a no sense rent due on time policy. On my welcome letter I lay out my 3 day grace period is cast in concrete. Day 4 you will have a 3 day to pay or quit.

I too understand your pain, and I was once in an eerily similar situation. Please do issue a 5-day notice immediately. The deadbeat tenant will most likely not change. If you can slide and survive until your flip is done, then just get ready to issue 5-day notices at the beginning of each month until your finances seem stable enough to oust the tenant. What kind of lease do you have with her?

In light of your apparent inability to learn & attempt to master Aldo's "Two Rules of Landlording", I strongly suggest that it's time for you to sell your rentals.

It's apparent to me from reading this post as well as your previous posts that the quality of your life can't be great and that the self made stress level in your life must be high.

Some people are just not cut out for being a LL and / or a property flipper. The sooner a person realizes this, the less expensive their lesson will be. I wish you the best of luck resolving these problems.

1. The Landlord is in charge.

2. The tenant is not.

Here is my #3:

Don't make their problems your problems.

It is Saturday. Is the tenant gone yet?