Deadbeat tenant overdue in rent, need advice
Tenant has a balance of 30k with a monthly rent of $3100.  It has always been a gamble if the monthly check would clear or not.   Initially I charged 10% for any over due balance, but as you can tell it was getting out of hand.  I haven't charged the 10% fine for some time now, I've been considerate because of the current financial situation.  The lease ran out 3 months ago and am currently in a month to month basis.  I sent a letter 3 months prior to the end of the lease stating that all balance need to be paid in full, if not lease would not be renewed and eviction process will begin.  The tenant pretty much begged for a 15 year lease, and would pay out the balance over this time.  

For the past two years, it has been a repetitive cycle.  pays rent plus extra every month with a couple of 1k checks, some clears and some bounce.  End of year, I'll call him up with a stern threat and eventually get the balance down to an acceptable level.

I'm pretty much sick of it and am ready to start the eviction process.  Just want to know the right way to go with this.  Is there any way of getting my due rent?  What happens to the business and all the equipment(it's a deli)?  Is it better to clear out and clean the property and rent out as an open space or try to lease the space as is?  

He was a pre-existing tenant when I bought the property and I do not know his personal information, other than what is on the lease.  I'm sure I will need to know as much info about the tenant if I want to go forth (ie ss#, home address etc) for collection agencies and what not. What is the best way to get this kind of info.

thanks for reading and any advice will be appreciated. 
[{"id": "c60kmv8", "text": "This is a month late so you have probably resolved the situation by now.\n\nTo solve the problem of endless rubber checks your lease should specify that after the first one that is returned to you by your bank as NSF you have the right to request payment in some form that is preferable to you (in-state cashier's check, money order, cash, etc.). Anything that is not in that form is unacceptable as payment. It is also wise to have a clause that says your acceptance of partial and/or back payments does not waive your right to the rest of the money.\n\nAs for your action, I would not hesitate to evict. You are just getting played -- their account is at 10x their monthly rent and they are magically able to come up with the money when you make threats, so obviously they are just pushing as much as they can.\n\nIf they suddenly come up with back payments during eviction, take them and continue with the eviction. No amount of tears and promises would convince me that things will be different in the future. If you have to let the place sit idle for a few months until you find a better tenant, so be it. Or if the building and location will only ever attract deadbeats, sell it and move on.\n\nYour attorney who does the eviction will be able to advise you on what happens to the deli equipment. My understanding is that anything that is physically attached to the property is a \"trade fixture\" and reverts to the landlord at the end of the lease. As a practical matter you may even be able to negotiate with the tenant to keep all their equipment in lieu of part of their rent, or they may leave it behind. That way you can lease the space more easily to a similar business.\n", "replies": [], "depth": 1}]