Landlord Question and Answer Forum

Come May will be a year that we have been renting out a property to a family of 5. This was our first time renting out a property and did not know what the process was and didn't have them fill out a rental application. We did have them sign a lease agreement but it was very simple. We have been having problems with them paying the rent this whole time. Every time we ask for the rent the tenant gives us an excuse of how he has not been paid and to wait a few more days. In the past he has been late only a month or month and a half and has always paid the amount due. However, there hasn't been a month where he pays on time. He is currently past due on 4 months rent. We have been letting the lateness slide in the past because we did not want to be out the balance owed. This time we've been taken advantage (both my husband and I are softies) and have believed his lies of waiting on his IRS check to pay on the amount due. We finally gave him a notice to vacate and gave him 5 days to leave. He told us he would pay us by the 20th. We really could really use this money (reason why we're still waiting) and don't know if there is anything else we can do. Will eviction cause us to lose any chance of receiving payment? Or can we do anything to get them out and still get our money that is due to us? Please help! E.R. Texas

File in court for eviction! The tenant has until the actual put-out date to catch the payments up, and often receiving the court summons is enough to put tenants in line and have them pay up. If they do pay up, then give them notice that their lease agreement will not be renewed, and that they will need to vacate at the end of the lease term. Next time around, collect rental applications, and run background checks on the applicants.

Posted by Melanie N, ON on Monday, April 18, 2011