Can you delay filing eviction on me?
When we send out eviction warnings or the courthouse sends out paperwork, we frequently get requests asking if we can delay the eviction filing until a certain date. Unfortunately, we are not able to delay an eviction beyond our normal timeline. There are two primary reasons for this:
- Our responsibility is to our client, the property owner, and they pay us to file eviction when the deadline is reached. If we didn't file the eviction, then we would not be doing our job, and our clients would be unhappy with us, could fire us, and could possibly even file lawsuits against us for not carrying out our fiduciary responsibility to them.
- We can't give special treatment to one tenant over another. We have to treat all tenants equally, otherwise it can be considered discriminatory behavior.
For these reasons, we have established deadlines in all leases that we write:
- Rent is always due on the 1st
- A late fee is always charged if the rent is not received by 11:59pm on the 5th
- Eviction is always filed on the 6th or the next business day
Now, if you aren't on one of our lease agreements because we took over management of your lease that someone else wrote, then you may have different deadlines than those listed above. However, we will adhere to those deadlines in your lease. We have to treat all tenants equally, and that means enforcing whatever the lease says.
Keep in mind that an eviction filing does not necessarily mean that you'll be removed from the house. You may still be able to pay off your balance, plus court costs and attorneys' fees, after the eviction is filed to stop the eviction. However, the eviction filing will always still show on your record, so it's very important to avoid this if you can.