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Santosha · Jul 31, 2007, 05:19 PM

What is the procedure for evicting a rentor for late rent payment? Here's the deal... an 18 year old college student has been late for her rent two months in a row now. She is also not working out with the other roommates... not picking up after herself and too many guests coming and going. The roommates want her to leave and I am not that keen on her staying. Can I use the late payment of rent as a reason to ask her to leave?

Thanks!

GlindaofOz · Jul 31, 2007, 05:32 PM

What does your lease say?

Fr_Chuck · Jul 31, 2007, 05:42 PM

Is there a lease, or is this a month to month rental, is there anything in writing ?

If it is a lease, and all she is is "late" but still making the payments, many leases merely have late fees and penalty to pay.
It just depends on the terms of the written lease.

If it is a month to month rental, you may just ask them to leave with a 30 day notice just because you want them to.

I will say this, and I hope you don't take offense, but a person should know the laws of rentals before they buy rental property,

Santosha · Jul 31, 2007, 05:54 PM

Thanks so much, both of you. I do not take offense at all. You are absolutely right. I bought this property for the purpose of having a place for my daughters to live while in college. Now, there's a roommate who is not working out. The lease is a standard Tennessee Lease Agreement. The agreement is for 10 months. There is nothing in the lease about late payment (my mistake) Here's what the rent part of the lease says, "The total rent for the term hereof is the sum of ___ dollars payable on the first day of each month of the term, in equal installments of ___ dollars, first and last installments to be paid upon the due execution of this Agreement, the second installment to be paid on the first of the month. All such payments shall be made to Landlord at Landlord's address as set forth in the preamble to this Agreement on or before the due date without demand.

Thanks so much.

Fr_Chuck · Jul 31, 2007, 06:39 PM

Is the rent just "late" or arre they just not paying ? If they are just paying late, it will be hard to evict them, since part of the TN eviction process is a notice to pay or leave.

But don't feel bad, with all my great advice and years of knowledge I still rent some of my houses on verbal month to month rentals.
But learning how you can or can't evict is one of the most important things. I would advise paying an attorney by the hour, and pay for a hour of one on one advice. And personally while I use the same rental agreement over and over, ( when I use them) I had it written by an attorney to protect me.

** My fault is I often rent to hard luck cases, people we are trying to help though the church and so on.

Santosha · Aug 1, 2007, 06:04 PM

Thanks so much. I looked back through the lease and there is an article in the lease that states they can be asked to leave if they are late in rent payments. As this is a young woman, I decided to let her know that she needs to pay her rent on time and see what happens. I really do appreciate your help.

Blessings to you.