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No Written 30 day notice - Landlord Forum thread 359283

No Written 30 day notice by Terry on May 3, 2019 @09:07

                              
The tenants decided to move without giving a written 30 day notice. On May 2nd I get a call telling me they found mold/mildew under their mattress that was sitting directly on the floor. They expect me to replace their mattress. Their housekeeping is way below a normal person's cleanliness. Always food on the floor, Kitchen sink drain always plugged with food, Stove top and counters with food left out.
Anyone know what I should do about their claims of Mold/Mildew? Can I be held responsible for their filthy choices to live that way ?
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Re: No Written 30 day notice by Garry on May 3, 2019 @11:25 [ Reply ]
For the moment, forget about their claims, and what their place has looked like in the past. Lets deal with the rent and moveout. Have they paid April's rent, and do they currently owe May's rent? Have they given you any notice by email, text, letter, or phone call in the past 3 months that indicate they are moving out? If so, exactly what was said?

If nothing at all, on Monday, send 2 letters, both regular and certified mail to your rental property, giving them 3 days to pay May's rent, or move. Also post the same letter on their front door. Next, wait 1 week for them to communicate with you. If they call you, jot down notes as to what is said. Tell them to send you a letter about what was said. If no contact by them after 1 week, post a 24 hour notice on their door, that you are going in, to see if they have left.

Take a witness and a camera with you. When you go in, the 2 of you must decide if "most" of their belongings are still there, or gone. If it looks like they have moved out, take pics of every room, just as they left it. Open all closet and kitchen cupboard doors, and take pics of what is left, even if they are empty. Take pics of the inside of the refrigerator and stove, also. But if things are "mostly" there,------furniture, clothes, food, toiletries, etc, do not take any pics, and simply leave the property, and proceed with the eviction process for nonpayment of rent.

If you can tell they have definitely left, take your pics, and then change the locks. Now you can start your cleanup and repair procedures, to get it ready to rent out again. Remember to send out the Security Deposit statement within 30 days of you changing the locks. If possible, send the statement out in about 2 weeks, so you will look good in front of a judge, if it comes to that.

About the mattress and mold. Don't say anything about that in your letters, or over the phone. If they wish to address that, tell them they will need to take you to court. They will need to have proof (pics, witnesses) to prove their case, which they probably don't have. By the way, if they left the mattresses, take pics of them up close, showing any possible mold you may find.

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