Eviction question - Landlord Forum thread 328712

Eviction question by Martin (NV) on December 14, 2014 @14:32

the tenant had a lease until the end of December, she said that she would renew the contract, I had it already written and we had set to sign it. But I guess she changed her mind after, she did not give me 30 days notice and as she did not pay I sent her the 5 day notice.She does not contact me neither she answer me. I passed by the house yesterday and she has the Uhal in the door moving out. Now she paid deposit and last month rent when she signed the contract but she did not give me 30 days notice and she said she would renew, so does the eviction should to take effect?

[ Reply ] [ Return to forum ]

Re: Eviction question by Bill on December 14, 2014 @14:45	[ Reply ]

If the tenant is gone and you have the last month plus the deposit then count your blessing and cut your loses. Next time, move more swiftly with the Pay or Quit and the eviction or at least move more swiftly with the renewal contract. You should have stopped when you saw the Uhaul truck. When your tenant ask for the deposit you can explain that she owes you for December and January because she moved without notice and did not pay for December. Make sure you do a thorough examination and charge the deposit for all cleaning plus every damage and repair. If your state allows it, use any remaining deposit to apply to the rent owed.

Re: Eviction question by Garry (Iowa) on December 14, 2014 @17:20	[ Reply ]

I don't think you can charge her security deposit for the rent for Jan. She is doing exactly what you,in writing, gave her a choice to do. Either pay December's rent or move out. She is choosing to move. So her lasts months rent, which you already have, will go for Dec. Your notice to her, changed the lease terms by YOU terminating the lease, effective at the end of the 5 days. You can still charge damages, clean up, etc. against her deposit, but not rent for Jan. If you had not given that notice, then,yes, I would agree that she would need to give you the 30 days notice, and you could charge her for Jan. rent. Maybe others can weigh in on this, as I am not 100% sure on about this scenario.

Re: Eviction question

Agree w/ Garry by Shaun (Fl) on December 15, 2014 @08:18	[ Reply ]

Once you served the Pay or Quit Notice, your Tenant picked "quit". You have Dec rent in LMR already collected. And you have extra days since she moved before the end of the month to get the property ready to re-rent.

Re: Agree w/ Garry