“When To Evict Or Not To Evict”, That Is The Question

"I'll gladly pay you Tuesday for a hamburger today…"

Wimpy

“I will have the rent for you next week- guaranteed!”

Late Tenants

As a property manager in Charlotte, collecting rent is obviously one of our main functions (in my opinion, the most important function!).  Our primary job is to create the most favorable ROI for our clients; we need to be taking rent in for this to be a reality.  When we are collecting rent on time and in full, all things are typically good with our owner clients.  If a tenant is not paying, things aren’t so grand.  And we like things to be grand with our clients!

When a tenant doesn’t pay, eviction is always a last resort.  It’s costly, time-consuming, and stressful.  And, to boot, the tenant will usually tell you they are going to have the money for you next week!  The mind games begin.  You can surely hold out until next week to get paid!

But then next week comes and there is a new excuse.  “My paycheck was shorted!”  That’s one when you don’t feel that badly about going the eviction route.  But when the tenants pull out the big guns like, “My mother is dying and I had to use the money for the rent to fly out to see her one last time (the last time I saw her 2 years ago, we said things we both regret- I couldn’t leave it like that).  I had no choice…  But I get a bonus next week from work and will pay you then!”  That’s tougher.

We get calls from home owners who have tenants who haven’t paid for 6 months.  Once they get that behind, they’re never going to get caught up. 

So what’s the answer?  At what point should eviction be filed?

First of all, bad things occur and many tenants are going paycheck to paycheck.  When a big expense (aka major car repair) happens, the money just isn’t there for that and the rent. 

But most people get paid twice a month (the 1^st and the 15^th).  Filing for eviction prior to the 16^th day of the month doesn’t allow you to get those funds.  So I believe filing for eviction on the 16^th is the earliest point in which it makes sense to do so.

If they aren’t able to make good by the 16^th, the next factor to look at is the tenant’s income from when you did the original tenant screening.  How much money do they make?  Is it even possible for them to come back from being a month overdue (their next paycheck)?  For some people, it’s just not possible. 

Note:  This is something I would strongly recommend paying strong attention to in the tenant screening process.  Watch the income to rent ratio- when it is too high, it makes you highly susceptible to negative events happening in a tenant’s life.  You ideally need to be less than 33% (examples: $3,000 monthly income and $1,000/month rent = 33% ratio.  $4,000 monthly income and $1,000/month rent = 25% ratio.  25% ratio would be much better!) 

    

If their income is too low, eviction should be filed right away.  However, if they make enough money to pay the rent by the 1^st of the following month and then get caught up sometime later that month (and express an earnest willingness to do so), then I’d wait.  It could be worth the gamble. 

But set hard, no-excuse deadlines at this point.  If you don’t have all of the money by the 1^st, you need to file for eviction to protect yourself.  After a month goes by with no rent, you can’t wait any longer (no matter how good the excuse is).

If the tenant really is going to have the money in another week like they claim, they can bring it to court and stop the eviction.  If not, you need to move on and take the loss.  There is really no excuse to go multiple months without full rental payments.

Timing evictions for maximum ROI is a judgment call.  But going past 30 days is a dangerous and usually unfruitful proposition!    

 

Brett Furniss is the President & Owner of BDF Realty (Charlotte Residential Property Management), the trusted real estate advisor for Charlotte landlords & Home of $100 Flat Fee Property Management.   BDF Realty utilizes their innovative Pod System for exceptional customer service in residential property management, home repairs, and home sales for single-family homes, condos, and town homes in the Charlotte-Metro Area.  Contact Us Today!