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Serving Notice to Vacate..if tenant won't leave? - Landlord Forum thread 263888

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Serving Notice to Vacate..if tenant won't leave? by Jane (NY) on August 13, 2012 @08:53

I took on a tenant for a studio apartment attached to my house. I checked her out and she had stable job, stable references, stable rental history for her age (24).

She moved in on July 1st and laid 1st months rent and 1st months security deposit (month to month). There is no written lease. A week after she moved in, she installed an air conditioner despite my instructions not to do so (utilities and free Internet are included in rent). When I knocked on her door to request she remove it, she refused to answer even thought I could hear her watching TV inside... and on a 2nd attempt to communicate with her, she yelled at me saying I was "harassing her" and that she was entitled to leave the A\C in and them, told me she planned to move out.

Since then, I have not heard a peep from her. When I see her on the street, she pretends not to see me. Needless to say, her move out day is September 1st and so far, I do not see any signs she plans to leave.

Would it be ok for me to attach a letter to her door with some type of Notice conforming her earlier statement that she was leaving? I am worried that she may not leave.
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Re: Serving Notice to Vacate..if tenant won't leave? by John-PA-LL on August 13, 2012 @09:22 [ Reply ]
Verbal instructions are as good as not saying anything at all. Forget what she says about moving out Sept 1st, that day will come and go she will still be there and you will probably get no rent. Did she pay Aug rent? If not file for possession now for non payment. If she did you must give a written 30 day notice to quit for a MTM tenancy. (depending on your state)
Then if she doesn't leave, and you get no rent after 10 days, you file for possession for nonpayment.
Re: Serving Notice to Vacate..if tenant won't leave? by Betty L on August 13, 2012 @09:33 [ Reply ]
If you have no written lease, how do you enforce your no air conditioner rule? You have nothing in writing that says no air conditioner can be installed.

The best you can do is learn how to properly serve notices to tenants under your state laws. Knocking on the door every time you find something you dislike is not a good way to conduct business as no written rental agreement.

Serve her with a Pay or Quit notice for non payment of rent for August and 30 day non renewal notice that you are not renewing the rental terms, that she needs to move out.
Re: Serving Notice to Vacate..if tenant won't leave? by Jake on August 13, 2012 @09:44 [ Reply ]
One of the problems which you realize by now is that you do not have a lease. Therefore, you can not serve your tenant with a notice of a breach of the lease which would prevent the installation of air conditioning. All you can do now is serve your tenant with a notice of nonrenewal. This usually requires a 30 day notice depending on the state. If the tenant does not leave you may evict her. Go to the local Justice of the Peace and ask for the forms. You do not need a lawyer.
Re: Serving Notice to Vacate..if tenant won't leave? by Jane on August 13, 2012 @10:17 [ Reply ]
To respond to the comments below, she did not lay August rent because she wanted mt to use her security deposit as last months rent (she yelled this at me at the same time she told me she was leaving). I do not have. Written lease for legal reasons (the area is not zoned for tenants and house is single occupancy C/O only). If I have a lease, she can use that to prove the house was rebuit with an apartment.
Re: Serving Notice to Vacate..if tenant won't leave? by Franklin (TN) on August 13, 2012 @10:54 [ Reply ]
I love how this has turned from "I have a horrible tenant!!! She won't leave when I'm asking her to!" to "Yea, I have an illegal apartment that I'm renting to her, so what?". Information that would've been VERY helpful in the original posting and omitted for obvious reasons.
Re: Serving Notice to Vacate..if tenant won't leave? by Sydney Van Christinson (NM) on August 13, 2012 @12:17 [ Reply ]
You have the right to evict her! If she said she is moving out, and she isnt moved out by Sept. 1st you can contact the sheriffs department in your area and have them send her an eviction notice. I had a similar run in with a tenant. I made the first mistake by not screening her, i check her references and previous landlords and it all came back clean, but i should have done a background check on her. Now i check all my tenants with they have helped me soo much!

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