Evicting a Persistent Late-Paying Tenant Without a Lease: Navigating Legal Steps and Actions

As a property owner or landlord, dealing with a tenant who persistently pays late and partially can be both frustrating and challenging. Especially when you lack a formal lease agreement or your tenant refuses to leave after you've issued a notice to vacate, the situation can quickly deteriorate. This article provides a comprehensive guide on the legal steps and actions you can take to address such situations.

Legal Framework and Permission

To begin, it's crucial to clarify your standing in the matter. Are you the property owner, or are you handling the situation on behalf of a landlord? This distinction significantly impacts the legal actions you can take.

For Property Owners

As the property owner, the process is relatively straightforward. The primary steps include:

Filing for Eviction: In most jurisdictions, you would file for eviction at the Civil Division of your local courthouse. However, if your area has a specific tenant/landlord court, use that. Filing for eviction involves presenting your case to the court, which will then issue an appropriate court order. Serving a Notice to Cure or Quit: Before filing for eviction, send the tenant a formal notice to cure or quit. This notice informs the tenant to either pay the missed rent or vacate the property within a specified timeframe. This is a crucial step as it allows the tenant a chance to remedy the situation before formal eviction proceedings begin.

For Non-Owners

If you are not the property owner, you face more significant challenges. In such cases, you may consider filing a Protection Order. A Protection Order can be effective in removing the tenant quickly, typically within 24 hours. Ensure to include threats of harm and property destruction to strengthen your case.

Legal Assistance and Formal Procedures

To ensure a smooth and legal eviction process, consider the following:

Consult a Local Attorney: Hiring a legal expert experienced in landlord-tenant law can be immensely beneficial. An attorney can provide guidance tailored to your specific circumstances and jurisdiction. Follow Local Laws: Each state and sometimes city have unique eviction laws. Ensure you adhere to the specific local laws to avoid any legal pitfalls. Start the Formal Eviction Process: This involves presenting your case in court and providing proof of the tenant's failure to pay rent. The court may issue an order allowing the sheriff to remove the tenant if necessary.

It's important to proceed promptly to minimize your financial losses. The longer you wait, the more severe the financial impact.

Post-Covid Measures and Additional Considerations

With the end of the pandemic, it's advisable to send a Cease or Quit Letter to the tenant, reminding them of their financial obligations and late fees. Concurrently, you can file for eviction to protect your rights. Additionally, consider applying for eviction and adding court costs to the complaint.

In Arizona, for non-payment of rent, a Five-Day Notice to Pay or Quit is often the first step. This notice gives the tenant a specific timeframe to either pay the rent owed or vacate the property.

Finally, you might benefit from seeking advice from local real-estate investors organizations. They can provide insights into how similar situations are handled in your area. Even with the eviction moratorium in place, local judges can still proceed with eviction if the tenant has not made any effort to secure rental assistance funds.