Landlord Question and Answer Forum

I have a tenant that has already been late with the rent 2 times and he is only going on this 3rd month of the 1 year lease. The lease states that if they are late 3 times in the 12 month period they will be in default of the lease agreement. After the 3rd time do I just issue them a violation notice, terminate the lease and evict them? This is in Arizona. Thanks

You can evict them if this is in fact a requirement in the lease. BUT let me ask you this? Do they pay a late charge? How late are they? In times when it is hard to find a tenant, I would weight the benefits to the downfalls of evicting someone who is just late on their rent. Now.....if there are other problems....that would be a different thing. Additionally, cases involving non-payment of rent are fairly cut and dry, but cases for breach of lease, can be mmore complicated and require legal assistance.

Posted by Donna , NC on Monday, December 6, 2010

These tenents are late every month. My husband allowed them to pay part of their rent until they were able to find full employment. The tenants took advantage of the low rent and stayed behind owing $7,000 dollars without my knowledge. My husband recently passed away and now I need to collect this past due rent. Yet, they continue to stay behind in their rent , do not pay a late charge and with the bad economy I need to make the house payment. What should I do? Patty Ca. Jan 4, 2011

Posted by rachael g, CA on Tuesday, January 4, 2011

I would tell them that they have to sign a new lease and there will be an increase in rent including a late fee. You can either put a judgement against them and/or evict them if they do not want to sign a new lease. At the same time I would start lookong for another tenant. $7,000 will be hard to collect but at least a judgement against them will be in place.

Posted by Lynn F, PA on Saturday, January 8, 2011