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Re: Giving Bad Advice
by OK-LL
on November 5, 2009 @16:24
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If you go back to that thread, you'll see that the OP verified my advice with her attorney and he validated that I was correct. He instructed her to accept rent for the current period while they pursued eviction for the non-rent lease violations. The logic is, the tenant is current living in the property and therefore should pay rent. The c/q notice is somewhere between 7-30 days, depending on your state, and the eviction process can take 15-45 or more days to adjudicate, so it makes every kind of logic to continue to collect rent up to the point where you have a judgment for possession in your hands. Would you let the tenant live in your property for free for as long as it takes to evict? If so, you'd be making a legal and financial error.
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