[Carol Healey]

Our tenant paid their August rent 20 days late but did not pay the late fee of $185. Her rent is again due on 9/1/08 and late after 9/5/08. She has lost her job and is refusing my phone calls. She is on a month to month basis without a lease.

How do I evict her? What is the first thing that I need to do?
Thank you

[excon]

Hello Carol:

You have to evict her according to your states landlord/tenant laws. Fortunately, we have a copy of them right here at the top of the real estate page on a "sticky note".

They'll tell you exactly what you need to do. The process will probably start with a 3 or 5 day notice to pay or quit, depending on YOUR state. Once you're not paid, you can file for an eviction in your local housing or small claims court. It shouldn't cost much and it shouldn't take a long time.

I WOULD become intimately familiar with your states laws. After all, they are the RULES of the landlord business - the business you happen to be in.

excon

[ScottGem]

You have two choices here. Most areas allow you to give a 3-10 day pay or vacate notice. This gives the tenant the specified length of time (it varies by area) to bring the rent up to date or move. If the tenant does not pay or vacate, then you file for an eviction order.

This would be the fastest way to get her out, but if she does manage to pay, then she can stay and you have to start all over.

The other option is to file a notice of termination of the lease. Since you have a month to month lease, you can do that without giving any reason. The problem here is that, usually a notice of one full rental period is required and since its now 9/2 you might not be able to terminate until the end of October. And if she hasn't left by then, you would first have to file for an eviction order on 11/1.