Should I evict?

Question

My tenant has not paid me for January rent or February rent. Now March rent hasn't come. I sent him a formal notice that at least January and February rent must be depostied by today. Lets say he does come through but short $100.

Keep in mind-I also loosely mentioned that if he did pay Jan& Feb he could pay me March during march sometime.

My question is if he pays for Jan. & Feb and is short $100. should I evict him based on a late March payment after he has just payed what I am owned. Considereing I had mentioned that he could pay for march over the month? would that be a verbal contract.

Answer 1

Anyone else would have evicted him the first of Feb. Your being to lenient. Three months behind is more than kind. I would give him notice to move out.

Answer 2

Technically verbal agreements are legal, but it depends on how you feel about it. If this person is in a tough spot but you know he will pay up, then dont worry about it, but if this is a recurring thing you may have better luck evicting and getting a new tenant who will always pay on time. But regarding the verbal agreement, that only sticks if they pay Jan. and Feb.~if it is short at all then dont worry about what you said and post the eviction notice. You'll be better off without all the hassle...

Answer 3

depends is he normally always late? Is he just having a tough time right now. You could possible work with him and strike up a WRITTEN agreement that as long as march is paid by the 31st and Jan/ Feb is paid all but the $100-200 then it will be added to April payment, If he agrees make it clear that if he fails to live up to his end of the agreement he will be evicted.

Answer 4

Be careful - legally, if you accept partial payment without a separate agreement, you'll open up a legal hole. You will implicitly have agreed that partial payments to you are acceptable in general, and once that happens then the orginal lease agreement is no longer binding.

You're going to need to put in writing, very specifically, under what terms you will accept a partial payment, when the balance is due, when full payment is expected again, etc. Either look up the applicable landlord/tenant statutes in your jurisdiction, or consult a real estate attorney.

Good general rule: when it comes to legal agreements, especially with real estate, you've got to get it in writing. Good luck.

Answer 5

if you've already agreed to letting him pay out march rent and have let him slide this far for January then yes you've already created a verbal contract. If he doesn't pay you as he says he will, then evict him. Personally I wouldn't have let it go on so long. Sounds like you need to have a management company come in to handle things for you.

Answer 6

do u know him enough, to know if he's lying?
Ask him what problems he is having, does he work? Does he get a government cheque, find out kindly his situation. No one needs to be homeless. Ask him for small weekly payments for Jan & feb rent. See his reactions, that will tell u whether its a con or not. If your financial situation is getting affected by his lack of payment, let him know that.
Peace.

Answer 7

Did the person sign a lease? You can still evict if He is $100.00 short, however you have to give him 30 days with a certified letter.

When renting to someone never use verbal agreements. Business is business.

Answer 8

Sounds like an oral contract to me.

BTW, all contracts are verbal, i.e. made with words, including written contracts. If it is a non-written contract, then it is oral.

Answer 9

i think it,ll be ok if he does that but tell him not to let it happen again final warning get your money then kick him out cause if u kick him out now u wont get a dime think about it