The landlord has the right to evict the tenant especially when the tenant hasn’t paid the rent on full and on time. However, the landlord has no right to evict the tenant right there and then especially when it was not mandated by the court, nor has the landlord have the right to cut off the usual utilities in the property where the tenant still remains.
If you want to avoid months of no income from your rented property, it would be best to take legal actions right away.
Below are some pointers for every landlord who has non-payment problems:
1. Issue a 3-day notice of non-payment. This notice should include the amount due and the possibility that they will be evicted if they do not pay the due. Otherwise you cannot evict the tenant if you failed to:
- Post this message on the door,
- Mail it, or
- Personally hand it out.
If after three days, the tenant still fails to pay the rent and all the included charges for the delay, the tenant is already a candidate for eviction. Tenancy will be reinstated if tenant successfully pays the rent within the three days limit.
2. There is a proper pre-printed notice that contains all information as described in the requirements for proper notice. Print out these forms so you won’t have to put yourself at risk for being legally inadequate.
3. Remember that you cannot evict your tenant without justifiable cause. If tenant tries to pay you for the late rent within the three days limit, you have no grounds to refuse it. If you do and the matter goes to court, your tenant will win the eviction case.
4. If you really don’t like your tenant, it would be better if you do not accept any partial payment from them because this will cause dismissal of an action for nonpayment.