Can I Evict Even if the Tenant Pays After I File the Eviction?

Author: Todd Christiansen | Category: Eviction, Rent Collection

For a quick answer….Nope.

I get this question often.  Usually it is from a landlord that is frustrated because a tenant is always paying their rent late.  Lots of landlords wait until the 28th to finally do something about it and then want to file an eviction.  Here are some tips to fix the problem or get the tenant out:

  • Next month, file the eviction immediately when the tenant is late (typically on the 6th) with no warnings.  The tenant is responsible for paying you rent.  You are not required to chase them down for it.  This should either catch them off guard not prepared to pay you and they will need to move out, or they hopefully will get the point that you are serious and start to at least attempt to pay on time.
  • Even if the tenant pays up after they receive the eviction notices, they are still responsible for all the late fees and eviction court costs.  Don’t let them get out of that!  I used to have a tenant that always paid late, but  about a day or so before I was going to file the eviction.  Consequently her rent was essentially $50 higher than it should be.  Every month!
  • Stop by their place on first of the month looking for the rent.  In fact, I know several landlords that simply come around on the 1st of the month and personally collect the rent.  Then there is never an excuse that the check is in the mail.

Once the tenant sees you are serious and you still want to get rid of them, see if you can come to an agreement for them to move out the following month peacefully. Just part ways friendly.  Otherwise, most tenants that have trouble paying will eventually slip up and not be able to pay and then they will get evicted.

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