As a landlord
3 attorney answers
You can evict for nonpayment now and be in court within approximately one month. However, as mentioned, if the tenant pays everything owed in full the case will be dismissed. If you wish to pursue other grounds for eviction, your best bet is to go over everything with an attorney and decide what the best course of action is. There is an unlimited set of factors which will affect your case.
In general, actions for eviction for non-payment of rent may be initiated at any time after the rent has not been paid. So, if the rent for August was due on August 1, and you have not been paid, you can file an action for eviction now.
Please remember that even if you're successful in getting a judgment for eviction, there is a second process for actually removing a tenant - you or your attorney will have to seek a "warrant for removal."
And, of course, the tenant may have defenses or other ways of avoiding or delaying eviction. But regarding the central thrust of your question, yes - if the rent that was due has not been paid, you may file for an eviction now, without further notice or warnings.
If you are moving to evict based upon non-payment of rent then you can file eviction papers for the unpaid rents in July and presumably August. The only caveat is that if a landlord files for eviction based upon non-payment then the tenant can bring the outstanding rent to court on court day and defeat the eviction. There are other avenues to evict, including things like habitual late payment of rent and other grounds for eviction, but these have certain time and notice requirements. You probably should discuss with attorney, but a landlord can file for eviction for any time without notice for nonpayment of rent.
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