If a tenant’s rent check was lost in the mail and received two weeks late, can I still kick them out for non-payment?

If a tenant’s rent check was lost in the mail and received two weeks late, can I still kick them out for non-payment?

If you’re going to be a landlord, you should probably take the time to actually learn at least the basic landlord-tenant laws where you live.

If you’re in the US, then no, you can’t just ‘kick them out” because the rent was received late. You received it so now you can’t do anything at all, except charge a late fee if your lease includes one. (You should probably check to see that your lease complies with any state/local caps on late fees, since you sound the like the kind of person who would overcharge on those.)

What you COULD have done was issued a “cure or quit” notice the day after the rent was late. Again, you need to learn your basic laws since in some jurisdictions this must be served by a licensed process server. That notice gives the tenant X days (again, read your laws – it’s 7 days here) to pay the rent or move out. If they pay, the world keeps spinning.

If they don’t pay, then you can move to the next step, which is an unlawful detainer notice (again – learn your basic laws, here it’s 5 days) which gives the tenant X days to leave.

If they don’t leave in that time, THEN you can file for eviction.

At no time can you just “kick them out”.

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