How soon can I start an eviction?

UPDATED: Sep 30, 2022

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How soon can I start an eviction?

I have agreed to sell a 16×80 single wide mobile home. It is in a mobile home park and was sold as is. I had agreed to sell it for $4,000 with a $400 down payment with $200 a month until it is paid. The family moved in June 4th and has only paid $50. I have tried being patient and understanding with their problems but in return my family is suffering from this. What advice can you give me to rectify this problem?

Asked on June 22, 2016 under Real Estate Law, Kansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

There is no obligation to wait once someone is late on a rent (or rent-to-own) payament. As soon as they are late making a payment--that is, as soon as they have missed the payment due date and any grace period the contract or lease gives them--you can file for eviction. In fact, as a landlord-tenant attorney, I recommend that landlords act as soon as the tenant is late: in my experience (7 years at a L-T law), tenants who fall behind on rent, especially early in their tenancy, are likely to keep falling behind, either due to personality or financial situation; there is no reason to wait and compound your losses.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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