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What if the mail got lost or delayed? Why would any sane landlord immediately spend the effort to begin eviction process before contacting their tenant, when th

What if the mail got lost or delayed? Why would any sane landlord immediately spend the effort to begin eviction process before contacting their tenant, when there are countless reasons that they didn't receive a check for the current month? MA enforces what I think is a reasonable policy: the landlord must send a written notice to quit to end the tenancy, and may not file an eviction case until a 14-day notice period ends. The tenant cannot be evicted if they pay the owed rent with interest by the end of the notice period.

Jach 8y ago
Usually jurisdictions have some grace period of a few days to account for mail delays around the first, but you can just start the process a couple days after the first. When I first moved to my own apartment, it had a no-nonsense manager. My roommate and I would usually deposit two checks together, but once he couldn't pay his rent on time so it was just my check for half. A couple days later I came home to a "notice of eviction, vacate before date x" on the front door, which is what is meant by "begin the eviction process". That is them contacting the tenant, now it's my turn to contact them and maybe the excuse is "I mailed it already days ago, maybe it got lost, let me mail another and let's set up an autopay system so this doesn't happen again." In my case it was just me hoping my friend would deposit his check soon. I took the notice and another check down to the property manager and explained, and learned a lesson myself on what joint liability really means. I had no ill will for the property manager enforcing the contract.
Cyphase 8y ago
I'll grant you that "eviction process" was not defined above. I didn't mean going to the sheriff on the 2nd of the month to get them removed (not that that would be legally allowed in most places). Giving written notice that, "I have not received this month's rent, so this is the legally required notice that starts the clock" (with better language, and perhaps with a call beforehand as a heads up) would be starting the eviction process, in the way I was using it. As opposed to waiting a week or two, and then sending the notice, and then having to wait for the legally defined notice period to run. So I agree with what you're saying; certainly you should contact the tenant beforehand with a friendly, "Hey, I haven't gotten the rent this month yet." But I wouldn't wait long to begin the pre-process, let's call it, of giving written notice. Also, I don't think you would have to start the formal legal process as soon as the notice period ends, so you can be flexible at that end if appropriate; but giving notice early gives you the immediate option to start the process if you deem it appropriate, but with lower latency once the notice period is over.

Jach 8y ago

Usually jurisdictions have some grace period of a few days to account for mail delays around the first, but you can just start the process a couple days after the first. When I first moved to my own apartment, it had a no-nonsense manager. My roommate and I would usually deposit two checks together, but once he couldn't pay his rent on time so it was just my check for half. A couple days later I came home to a "notice of eviction, vacate before date x" on the front door, which is what is meant by "begin the eviction process". That is them contacting the tenant, now it's my turn to contact them and maybe the excuse is "I mailed it already days ago, maybe it got lost, let me mail another and let's set up an autopay system so this doesn't happen again." In my case it was just me hoping my friend would deposit his check soon. I took the notice and another check down to the property manager and explained, and learned a lesson myself on what joint liability really means. I had no ill will for the property manager enforcing the contract.

Cyphase 8y ago

I'll grant you that "eviction process" was not defined above. I didn't mean going to the sheriff on the 2nd of the month to get them removed (not that that would be legally allowed in most places). Giving written notice that, "I have not received this month's rent, so this is the legally required notice that starts the clock" (with better language, and perhaps with a call beforehand as a heads up) would be starting the eviction process, in the way I was using it. As opposed to waiting a week or two, and then sending the notice, and then having to wait for the legally defined notice period to run. So I agree with what you're saying; certainly you should contact the tenant beforehand with a friendly, "Hey, I haven't gotten the rent this month yet." But I wouldn't wait long to begin the pre-process, let's call it, of giving written notice. Also, I don't think you would have to start the formal legal process as soon as the notice period ends, so you can be flexible at that end if appropriate; but giving notice early gives you the immediate option to start the process if you deem it appropriate, but with lower latency once the notice period is over.