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Initiating eviction mid-December

Hi all, I am a “private” landlord and own a two bedroom condo that I currently have a tenant in. Rent is due on the 1st, with late fees applying after the 3rd if no payment is initiated.

For October, November, and December my tenant initiates a payment and a few days later it doesn’t go through due to insufficient funds. A late fee is then applied, and for October and November I had sent a reminder email and the tenant ends up paying some time in the middle of the month. The tenant has claimed they “forget”, which is totally ok and not a big deal since they paid (but side note they haven’t paid any of the late fees, just base rent).

Cut to this December, their rent payment was again returned for insufficient funds. I applied a late fee and sent a reminder email and haven’t heard a thing.

Is it terrible of me to initiate an eviction action if I don’t receive rent by mid-December? In my state I have to give them a 30 day “Notice” before I file an eviction action, then after 30 days I can file an Action. After filing the Action it’s usually two weeks before a hearing is scheduled. So if anything, the eviction won’t be finalized until end of January 2025. In other words I’m not kicking them out around the holidays but I recognize it may be a burden to initiate this during the holidays…

I’m not trying to be a slummy landlord but a failure to pay rent comes directly out of my pocket (which yes I understand is a risk I take when I rent out my property).

submitted by /u/perturbedfemur
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source https://www.reddit.com/r/RealEstate/comments/1hcjlns/initiating_eviction_middecember/
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