Have a tenant whose hanging on by a thread, been there about 4yrs but made bad personal choices recently resulting in loss of job and most likely ain't gonna make rent.

If I file now her and her family would be evicted around Christmas

No, I wouldn’t. No good deed goes unpunished.

I answer this question the same as always, using a sunk cost analysis.

"given what I know about this person today, would I sign a new lease with them?"

If the answer is yes, then I let them stay.

If the answer is no, then they need to go.

I'm guessing when you got into the rental business your goal was not to have tenants stiff you for rent and use the holidays as an excuse. Stop reading Charles Dickins' novels and take the next step. Who know? Their family might give them a Christmas gift of paying their rent for December.

That said, it's your property and your money: do with it as you wish. Just don't let other people's bad choices be a motive for charity. There are plenty of people out there making GOOD choices who are struggling. Consider supporting them with your generosity before rewarding people for making bad choices.

Eviction would be my last resort.

Any help agencies she might qualify for?

Had this happen to me. I contacted my county's Social Services Office (welfare). They helped and got my tenant fast tracked onto the section 6 program.

Another time tenant and I had a sit-down. Tenant's problem was temporary. We did a "forbearance-type" arrangement where tenant paid/added 10% of their arrears to each month's rent going forward for 10 months. It worked and that tenant otherwise remained in good standing for the remainder of their 3 year stay.

I believe that the holidays are always around the same time each year. I have filed on people during this time as they are the ones who broke the rules, not me.

Used to allow people to say they needed the extra money to buy gifts for their family. What about my family?

Now when someone has an excuse for not paying I tell them that as soon as the bank, insurance and tax man stop wanting me to pay on a specific date we will discuss.

I have given some tenants a break, but it is becoming fewer that I will even consider allowing now.

You're lucky the court would even hear the eviction. They would probably grant the eviction here, but would not let you do the lock out until Jan 1. I'm not positive because I've never had to file one in December. My attorney doesn't really even file the evictions in December because it's a lost cause for getting it done quick.

What part of Pa are you in? I am in the NW corner and we get a great deal of lake effect snow here. About 15 miles from me made the Today Show because of the Lake effect snow this week. So the period between Mid November to about mid January isn't an ideal time for a vacancy.

Good advice above.

Don’t play Santa, instead provide a list of organizations she can contact for rental assistance and utilities assistance right now.

If she works, she can get help covering her utilities and rent and find a new job and get back on her feet.

MC

Mike,

Stick to the lease. Don't re-invent the wheel.

Fair Housing Law requires you treat every res the same, no mention of holidays.

Christmas is one day, and MANY people don't do anything special.

Here's what changed my mindset...I found out some of those I let slide had actually spent their money on new TVs, new cars, trips INSTEAD of paying their rent because they did not think I would press the issue.

We have honest, hardworking people who work 2 jobs/overtime to keep up their rent and bills. Allowing a renter to slide is a slap in the face of those people who ARE sacrificing their family time, freedom, luxuries, etc so they can honor their obligations.

ZERO TOLERANCE on lates has saved us a mountain of stress trying to play god and decide who gets a free pass. I now give 24 hours to pay up on bounced drafts, etc. And they pay.

If he cannot pay now why do you think he will pay later?

He KNOWS whats coming, just hoping you don't take action.

Holidays: in MY court if you file today you won't get a hearing until January, then he'll get 2-3 weeks to move, pushing your free rent into February.

Stay strong and MANAGE your business.

BRAD

All great responses and I typically agree with these however everyones situation is different so I always evaluate the property and not just draw a hard line. This is a C property and I factor in the cost of the empty; heat costs over the winter, labor and materials for the reomodel plus most likely sitting empty until spring.

This tenant moved her father in to help and I plan to discuss with him the consequences of where this is headed. I have many tenants who have never paid on time but always pay late fees. Over years that's alot of extra money. I have a tenant for 30yrs that had a job issue 6 months after I purchased the property and if I went hard-core to the lease she would have been gone. Instead I have a 30 yr tenant who paid off the house and remodeled the house at her expense I have several that have done that.

We'll see how this one turns out.

I am in NE Pa.

Been there, done that.

In the hood I've had sheriff put-outs Christmas Eve, New Years eve, Good Friday .... The Christmas eve peep hadn't paid rent since Oct. Had PLENTY of notice. So much so that the wife took the kids to a relatives for the week prior. Hubby stayed behind to do the move (with a friend). I showed up and met the constable with 2 kids and a wife in the truck to change out the locks before going to Grandmas. That one left an impression.

Point being, YOU didn't set the time line THEY did.

For me personally I do not like late fees. I realize that it can be an income stream but maybe I am OCD or something. When you are supposed to pay you need to pay.

I tell all my tenants that I am in the business of renting places out, not collecting late fees. When I start collecting late fees the writing is almost always on the wall and I am preparing to evict. I have had some people hit hard times and are still with me, but for most of them it is the beginning of the end.

Admittedly I still get a little worked up over people not paying on time, especially with lame excuses. A late payer isn't going to shut me down but it still irritates me.

Get real.

There's no judge or sheriff who will do this EVEN IN PA.

I've been doing this 36 yrs now and file many many dispos. I don't want a set out around xmas for one GREAT REASON.

I don't want to ruin my Xmas. So get real folks. Do u really want an unplugged Xmas tree at the curb??

I get it Nicole.

This has not a thing to do with tenants.

This is about us. The ruthless landlord. I for one and maybe only one of 2 here that would do this.

I've never done it and don't intend to start now.

Nicole--The 10 day. 11 day periods for the 1st and 2nd writ usually work out a bit longer. You must wait 10 days from the judgment date to file the first writ and can file on the 11th as you wrote, but if the 10th day falls on a weekend or holiday you must wait for the next business day to count as the 10th day. Of course, if the 11th day comes and it is a weekend or holiday then you also have to wait because the sheriff office will be closed.

Looks like I might be testing the holiday eviction with the new judge after all.

Tenant due on the 28th. Fell behind on checking for things. Nothing in there and no response to a text. This is becoming a pattern for her. She better have one heck of a good excuse.

Either way I will be getting the package ready for the lawyer first thing Monday. Would rather pay for the place to sit empty than to have a tenant do this to me again.

Well my late tenant came through with the rents and lates.

We have also started setting her up with ACH so maybe this won't be an ongoing issue. If it is she will be dropped like the proverbial hot potato.

Just 10%. That is all the court allows. $65 dollars. Not worth the headache of dealing with late payers, in my opinion.