Can we evict a tenent for chronic late rent payment?

Your next step is to send the tenant a “demand letter for rent,” also known as either a “landlord demand letter” or a “demand letter for payment.” This is a formal, written notice that the tenant is in violation or breach of the lease because of their nonpayment, and that if they do not “cure” the problem—fix it, that is; in this case, pay rent—you will exercise your legal rights, which include possibly eviction.

The letter should be professional, polite, and specific—list exactly what they’ve done wrong, and for how long (so, how overdue the rent is); exactly what the obligation is (specify the amount of rent); what they have to do to fix the problem (pay the rent); and how long they have to fix it (set a firm deadline; make it near term, but achievable). By giving them written notice of the problem and how they can fix it, you lay the groundwork for taking action later.

Your best bet, if you’re looking to evict and possibly sue a tenant, is to get an attorney to help you. If you do, the attorney can draft your demand letter as well. If you decide to do it yourself, you should be able to find sample letters with a quick Web search.

Note that you can use the security deposit to help offset any unpaid rent if the tenant ends up leaving or you evict him or her—that’s one of the purposes of the security deposit.