Simple answer is yes. It is common that tenant needs to pay filing fees, eviction fees, service fees and attorneys fees. If tenant violated rental agreement, late payments and refused to leave, it is common scenario. Ask from landlord-tenant attorney and he will give detailed explanation. The legal procedure may change from state to state.
Can a landlord evict a tenant for being late on paying the rent?
A landlord can pursue a notice and application through the landlord and tenant board if the tenant is late in paying the rent persistently.
The landlord can serve the n8 notice for persistently late payment of rent. This notice is a 60-day termination date. it must also be accompanied by a rent roll summary. The rent roll summary must show a pattern to the board of the tenants persistently late payments. A typical rent roll summary should show a pattern of at least six to seven payments being late over the last 12 months.
N8 notice, the rental summary and the L2 application
Then what the landlord will do is they will take the n8 notice, the rental summary and the l2 application and file it with the landlord and tenant board. Upon receipt of these documents from the board, the board will set a date for a hearing. they will issue a hearing notice. The typical wait time for a hearing notice to be issued is typically around four to six months.
On the day of the hearing the landlord should update the rental summary to show the board of the continuing late payments of the tenant or if the tenant has smartened up and gotten back on track. The board will then put together a pay on time order. and a pay on time order is just that. It orders the tenant to pay in full and on time for the next consecutive 12 months. One day late or one dollar short, the landlord can file under section 78 of the act and pursue an eviction, through the board.
Related : https://whalegrows.com/neighbor-claims-survey-is-wrong/
N8 & N4 notice
The n8 persistently late notice can also accompany the n4 notice for non-payment of rent. These two notices are married to one another. and what i mean by that is that they can be served together and filed at the board together.
You see, one of the strategies is that if the tenant pays the n4 arrears listed on the n4, they can continue the tenancy and void that notice.
However the n8 is very strong. Because again when you go to the board the board will issue a pay on time order. So even if they’re able to avoid the n4 notice for non-payment of rent by paying all of the arrears that they owe, the board will still issue an order that if they are one day late or one dollar short the landlord can pursue an eviction.
Related links :
https://www.law.cornell.edu/wex/eviction#:~:text=Introduction,also%20Landlord%20and%20Tenant%20Law.
https://selfhelp.courts.ca.gov/eviction
https://guides.sll.texas.gov/landlord-tenant-law/eviction-process
