Living out the deposit with unapproved subleasee

Living out the deposit with unapproved subleasee by Shell (New Mexico) on February 5, 2012 @10:57

I rented to a fella with a specific clause in the lease about no unapproved subleasees. This is gonna be a lesson learned story. Our lease states that "should he want to bring in another person, the rent goes up on the 15th day of their occupancy". So, of course, the guy he wouldn't put on the lease "didn't work out" and the next guy is "just a guest". We live 120 miles from the rental, he signed a 3 month lease and then sent a late notice in the second month that "we" would be out at the end of the month. He only put a $300 deposit. Now he won't leave until he has stayed an extra 10 days to eat up his deposit, insisting that we go ahead and just evict him. Can I schedule an "open house" while he is there or do I have to just sit back and wait until he feels like leaving?

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Re: Living out the deposit with unapproved subleas by Jake on February 5, 2012 @11:26	[ Reply ]

You need to mail your tenant a Pay or Quit notice now by receipted certified mail. Follow it with an eviction notice as soon as your state law allows. The term of the Pay or Quit notice is 3 days for many states. If you do not file the eviction notice now your tenant will evaporate and you will have no address to send the notice to. If either of your notices come back unopened, leave it unopened to be opened in court. There is also a good chance that your tenant will not leave. He could still be there six months from now. So, take immediate action. You can go to the court house for the eviction forms and advice about filing.

Re: Living out the deposit with unapproved subleas

Re: Living out the deposit with unapproved subleasee by MrDan (Georgia) on February 5, 2012 @11:37	[ Reply ]

The landlord’s remedies When the rent payment is past due, the landlord may give notice to the tenant that he or she has three days in which to pay or move out. If the tenant has breached the rental agreement in some other way, the landlord may give notice that the tenant has seven days in which to correct the breach or move out. If the tenant does remedy the breach, but is served a second seven-day notice of breach within six months, he or she must move at the end of the seven days, without opportunity to correct the problem. In the event that the tenant fails to move when required by proper notice (including proper 30-day notice), the landlord must seek a court order, or "Writ of Restitution," for a legally authorized eviction. In all cases, a landlord may not evict a tenant without first going through the notice process, whether it be three, seven or 30 days, and obtaining a court order. If a landlord receives a judgment from the courts that includes money owed by a tenant, the landlord can pursue a number of different avenues to collect his/her money from the tenants, i.e., collection service, credit bureau or file for garnishment of wages, if possible.

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