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always late w/rent, now owe almost all of Nov.

My tenants have always paid the rent late, but each month it gets worse and they owe more for the balance which they do pay by the date on the Pay and Quit notice I always sent, give & post to them. Nov 1st gave me $150 & promised to pay balance in next 2 wks. I still sent P&Q notice and included late fee - My lawyer said take any money they give me on date P&Q notice said its due, but if not full amount, file to evict next day.  My question is - can I get them evicted, even though I took some rent for the month? I'm in NC.

Generally, if payment is made in full then the case is dismissed. If you are looking to remove your tenant - then I think I would not accept payment and move on wiht the court case and let the judge decide. BUT - if you trust your attorney, take his advice as they tend to know how these things will go in court.
Just wanted to let anyone whose interested in knowing, that instead of paying balance of rent for month of Nov., tenants are in the process of vacating and will be totally out by 11/25/09.  Amazing learning experience this renting stuff is.  Thanks to you for you response to my question.
Hi, Karen  Thank goodness you got them out!  Good for you!  I follow a strict schedule.  If I do not recieve rent on the first, I send out a late notice reminder.  If payment isn't recieved on the fifth, which is when the  late fee attaches, I send them a seven day notice to Pay or Quit. I personally do not accept partial payments.   I also have it in my lease that if a tenant pays late, three times in a 12 month period, that I can evict them.     You must be firm, fair and consistant.  :)
Hi Amanda- Thank you for your advice about putting 3 times late in 12 months and you're out, in your lease. I will do that.  And yes I am lucky they are gone and good riddence. They left a mess but nothing that can't be fixed or cleaned. I did get a crash course in landlording. Good Luck to you.
This sounds exactly like a situation I had  with my first tenant this past month.  They were continually late on rent and then abandoned the property beginning of November without notice.  I did not know until neighbor's made me aware of the vacant house.  The biggest thing I have learned is to charge a per day late fee as opposed to just a standard late fee.  My tenants would always wait until the last possible day to pay the late rent, which was every month.  I was also too nice because I had the 3 late times in 12 months clause and chose not to evict them.  Now that the left house trashed and abandoned, I will not make that mistake again.  I wasted alot of time and effort chasing rent, instead of just getting better tenants.  It only took me a couple of weeks and had new tenants, which were alot more qualified.  Good luck to all
When you have this clause in you agreement "late 3 days or evict) - can you just file for eviction immediately?  I have this problem; starting 8/2009, my tenants have been late every month.  This month; I was given the run around - yet no payment.  I'm personally delivering the pay or quit tomorrow - given them (3) days to response.  This has been a learning experience; I will never rent again.  Does anyone have any other advice?
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