45 days notice - Landlord Forum thread

45 days notice by Linda (NY) on March 27, 2012 @00:08

We have evicted a tenant with 45 days notice. They didn't not pay the rent for this month (notice given in February). They state they are not responsible for the last months rent because we evicted them. Is this true?

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Re: 45 days notice by Anonymous on March 27, 2012 @09:26	[ Reply ]

They are responsible for rent up until they day they either hand over the keys and get out (either on own or through sheriff) or you legally get possession of the unit through the courts if they did not hand over keys. Just because you started eviction proceedings does not excuse them from the rent during that process. If they left before the full month was over, you may be able to collect the full month's rent but I would just prorate the rent for the time they were there for the last month. But add on the court filing fees you had to pay.

Re: 45 days notice by Jake on March 27, 2012 @09:59	[ Reply ]

Your tenants are abysmally stupid. They will eventually find out the harsh reality of their decision not to pay rent. At some point in the future they will discover that credit is not longer offered to them to make major purchases and to find a decent place to rent. When your tenants contact you in the future to "settle" for a lesser amount than that owed, be sure to say no. Taking less is being victimized twice.

Re: 45 days notice by OK-LL on March 27, 2012 @16:01	[ Reply ]

Linda, "evict" is a legal term meaning you have gone through the court system to oust someone from your rental. Sounds like you "terminated" a tenancy rather than "evicted" a tenant. You and your tenant both seem confused on that point. But neither the eviction or the termination of tenancy allows the tenant to live in the rental rent-free for any amount of time. If they haven't paid rent, post the pay or quit notice IAW your state law and file an eviction if they don't pay up. Then they'll get to see what finding a rental looks like with that black mark on their record! Don't delay, get this posted TODAY!