Kitty,

I am an LLC too but I file for evictions as a 'sole proprietor' just so that I can do my own evictions. Technically, I am a sole proprietor LLC. It is just a simple 1-page form with check boxes for your filing status. Just check 'sole proprietor' and you will be fine. I have nothing against using an attorney for evictions. Hire an attorney only if you feel more comfortable with that.

7 day notice. While you are waiting figure out how your screening let her get accepted? Did she have a friend pretend to be her landlord, didn’t get at least 6 months verification of rent payments and the date, and 2 months bank statement?

I would issue the pay or quit notice first.

After they get caught up, I would offer them a weekly payday payment plan - which should help both of you. Of course the weekly plan is more expensive than the monthly payment system but for some people they just routinely pay late. You are trying to provide a reasonable accommodation in the eyes of the court. Most of these tenants do wash out.......and frankly in this market place, I would not be tolerating too much of the late paying as the tenant pool is huge....granted most of them are non-quals, but this is a numbers game.

Kitty, you need to figure out if you can really get away with filing as a sole proprietor. My understanding is you cannot, but LLC laws work differently in different states. In my state, the LLC is a separate legal entity, which is how the liability gets limited to just what "the LLC" owns instead of all my stuff. If I were to represent the LLC in court, I would be practicing law without a license. A judge would throw the book at me for that. Find out the real answer: this isn't something you just trust a bunch of friendly folks online to know for certain what is 100% correct.

All that said, the water is circling the drain. "always a week late...21 days late" are not acceptable and are only going to get worse.

I'd offer her the option to move out in 7 days and you won't evict. If she refuses, then file the eviction. It's not a lot of time, but you can't really wait any longer. She knows it's coming, but you'll need to light a fire under her to ensure this doesn't go on into November, which it will if you give 30 days notice.

In Los Angeles we have to accept late payments if they were a current tenant when we purchased the property and that was their "rental payment history-always being late". Not such a bad thing, if:

The tenant clean, kind and takes care of their rental -- an inspection once every six months will confirm this.

Instead of becoming an enemy, working with a tenant isn't the worst thing in the world, so long as you have a large deposit.

You can ask the tenant to make bi-weekly payments instead of one lump sum. This may help them say on track.

If it were me, I would be having a discussion with the tenant and straight up tell them that clearly they can't afford the

Kitty,

After appearing in court in front a judge for over 20 evictions in 16 years,..one thing I have noticed is that judges don't really care about what your filing status is. Judges only care when someone else wants to make an 'legal issue' over your filing status which I have never seen once.

When I file for an eviction and pay court costs to the clerk, there is that one form with check boxes where you declare your filing status by checking one of the boxes. I always check the sole-proprietor box and not the LLC box. No one in the clerk's office (county paper pushers) care to verify my filing status. Again, no one gives a S*#t.

Kitty,

Late payers are perfect candidates for weekly rent. Divide the rent by four and add $10, due every Friday.

This will be easier for her and you will make an extra month of rent in the process.

People are not paid by the month so why do landlords demand the rent be paid by the month? The people don't have the money.

Also, why are you waiting and hoping she pays? Put her on auto draft.

Again, this will help her stay on track.