Make sure to write out the terms of the payment plan and have the tenant sign it or it's difficult to enforce.
You may consider asking them to be out in 2 weeks and waiving any lease breakage fees so long as the property is in good condition when they vacate.
If the tenant does not have a valid reason to not pay rent then start the eviction process.
Upon service or post of Demand tenant has 3 days to pay rent in full. The 3 days starts the day after you post the demand.
- Notice can be provided by landlord or attorney
- Make an effort to serve to tenant in person (no sneaking up & leaving on the door in the dead of night)
- You may Post to the door if the tenant is not home or no one over 15 years of age is home
- Mail a copy of the Demand to the tenant on the day it is served
- Certified mail is not required as the Court will assume the mail was delivered
- You must accept full payment if provided with-in the 3 days
- Partial payment can be refused
- If you usually allow rent to be deposited directly into your account notify the Tenant that this has been temporarily suspended (this keeps them from sneaking in a partial payment which may slow the eviction process)
If you choose to serve the tenant the first notice yourself and the tenant fails to pay in full in the 3 day period, then hire an attorney to handle the eviction process from there on out.
Be diligent about attempting to collect in a timely manner as any delay can be used against you if you end up in court to try to get the fees paid.
Additional Challenging Tenant Scenarios
Have another tenant challenge? Check out these other checklists.
- Tenant Scenario: Black Mold
- Tenant Scenario: City Ordinance Violation
- Tenant Scenario: Death of Tenant
- Tenant Scenario: Not Maintaining the Property
- Tenant Scenario: One Roommate Didn’t Pay Rent
- Tenant Scenario: Rent Check Bounced
- Tenant Scenario: Rent Not Paid by Due Date
- Tenant Scenario: Tenant Hold Over
More posts: Tenant Scenario