Landlord Question and Answer Forum

Our current tenants have been continuously late with their rent and while they have always paid their late fee with their rent the rent seems to be coming later and later in the month. Our lease only has a one time late fee after the 5th of the month, I believe that is a NC state law. My question is at what point can I consider this a break in the lease agreement and either make changes to the lease or up the rent....or evict them if it comes down to that. They state it is because they are waiting on their commission checks to pay rent, but we rely on their rent to pay our mortgage and it is becoming increasingly frustrating! What are out options as landlords?

You have enough to evict now. Get all of your proof together and send a notice to fix the problem or quit, allowing them time to pay onetime. On this notice you should also state they will be evicted if they are not on time with the next payment. Have them sign and verify and submit this to your court. You will also need to file everything with the courts.

Posted by Richard W, PA on Wednesday, October 15, 2014

If I start the 30 day notice to vacate, can I still collect the rent during tht eviction notice 30 day period. I served on Oct 29th and the rent is due Nov 1st.

Posted by Martha K, CA on Thursday, October 30, 2014

When you say your "served" are you referring to a letter drafted by you? If yes, that is not the start of the eviction process. You will have to go the District Court house and file for payment of the rent. When you do so you will be filing for the rent currently owed and any future rent that would come due prior to a court date (which would probably be in 2 -3 weeks).

Posted by Daryl J, DC on Thursday, October 30, 2014

I served 30 day notice form per directions for other reasons than payment and am in the 30 day waiting period to file the recorded Unlawful Detainer. I served the 30 Day Notice on Oct 29th. Rent is due for November on th 1st. Can I collect the rent (if he wants to pay it) without voiding my 30 day notice? Thanks so kindly for your comments

Posted by Martha K, CA on Friday, October 31, 2014

Unless the tenant fixes the issue the notice would still apply. But you would still have to go to the courts to have the Sheriff remove the tenant if they are not willing to go on there own.

Posted by Daryl J, DC on Friday, October 31, 2014

First, you must demand your tenants to pay rent on time and warn them that you will start a case in Housing Court if delayed payments occur. This process is called “terminating the tenancy.” Give your renters the opportunity to correct whatever they did wrong before you go all-out. If the situation is the same, you can file a notice of petition and petition in Housing Court to bring a case against your tenants.

Posted by Ross A, NY on Friday, December 23, 2016