Never, EVER offer to tear up a bounced check, not until the full amount is paid. along with your NSF fees.We had renters who were doing laundry in the bathtub, yes, the bathtub, oily, nasty work clothes, and I had offered the use of my washer. The plumbig became all backed up. then they refused to pay rent because of the plumbing. We had to snake all the drains several times, then when they were clear again, you guessed it, they went right back to laundry in the tub, didn't pay, then moved while we were at work. Alwys check references and if someone says don't rent to them, toss their application in the circular file. If I had to go twice to collect, a notice to quit would have been in my hand, We had other tenants, lived right above us, who would blast music at all hours. then not answer the door if we went up to complain, they actually shut off the music until we went back downstairs, then up it went. They would never answer the door, and we had to wait until they had a piece of furniture delivered, and I followed the delivery man with a notice to quit. This tenant of yours sounds like she really knows how to play the system, but it will catch up to her, just straight up evict her, and you can sue for the money she owes, failure to pay a court ordered amount, if you win, will land her in jail if you push it.

FIRE YOUR LAWYER.....................

In my opinion thats how horrible advice to accept there payment arrangements outside of a court of law.  You (and your lawyer) are really setting yourself up by not following the terms of the contract.

 What if you don't make arrangements with the next late paying tenant and go straight to eviction? What if that tenant gets the ACLU involved who then subpoenas your records only to discover you treat different people differently? What if one person is of color and the other isn't? What if it becomes a racial thing and your fined heavily for violating fair housing laws? 

That scenario described above is real and happened to someone I know. It cost him $17k in court and atty. fees & $20k in fines. And approx 15 months in lost rent while the court battle waged on. Can you afford that?

In Ohio - we legally can make arrangements with a tenant. But only in front of a judge. We start the eviction and then go in front of the judge and announce we have come to an agreement. This is called an agreed entry. We write the terms of the agreement down on paper, sign it and were done. If the tenant follows the term of the agreement everything is fine and the case is dismissed. If not - its an automatic eviction.

Things may be a little different down there in NC - but i doubt they are. I would immediately call another lawyer and start the eviction. Even if this tenant is able to pay - cut your losses and start over. They smell like trouble to me.

Sean

P.S. your tenants idle threats are worthless. In court they would get laughed at. AC is not a birthright its a privilege - if her sons health was that bad, she is being negligent by not taking somewhere that is cooler.

oh, the kicker is.. I had a history check done on them and was advised NOT to let them rent.  I spoke with the renter about her lien and court date and she begged, promised me etc... this is all my doings... letting her get to my heart instead of business... I will 100% listen to the advice NEXT time.. This won't happen again.. yes, my other 10 renter's (most who rent to own) are amazing people.  This is my only nightmare tenents.

The neighbors have called the sheriff out there so many times and the neighbors are calling me almost weekly now... their dog pooped in my yard, their kid walked across my yard, the dog is barking ALL the time.. they've taken one dog away from them, already.  One of the kids threatned to harm a neighbor's car because he asked them not to sit on it.  Maybe I can take all those police reports with me to eviction court, as well.