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Tenant Gave Advanced Notice of Refusal to Vacate
by Anonymous
on May 24, 2018 @17:43
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I have a 2 part question:
1) I have a tenant on a month-to-month lease and recently gave them a written 60 day notice to vacate on July 15. They wrote and signed a letter back to me a few days later stating that they would not be vacating on July 15. I’m curious to know if I have to wait until after July 15 to begin the eviction process, OR can I begin the process now since they has provided a written statement asserting that they won’t be moving out.
2) This same tenant was late making their rent payment due on May 1st. They paid her rent on the 2nd but did not include the late fee. It is now the 24th and she still has not made the late payment despite me asking for it. The lease indicates that I will serve an eviction notice for any portion of the rent that is unpaid after the 15th, but I am unsure if a late payment is considered “a portion of the rent.” Am I able to issue an eviction notice for a late payment that has not been received?
Any advice/guidance you can provide will be greatly appreciated.
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Re: Tenant Gave Advanced Notice of Refusal to Vacate
by Garry (Iowa)
on May 24, 2018 @20:55
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On your 1st question. Yes, you have to wait til July 15 to start an eviction. Your letter takes presedence over any letter they may give you, only because July 15 hasn't happened yet. Then you would need to give them a 24-48 hr notice prior to July 15, that you are coming in, to see if they are gone. Just remember, your state laws may expect you to give them another 3 day notice, to conform to the 60 day notice you gave them, before you can file for an eviction in court. Of course, they still need to pay rent for June, and at least half of July, or you can start an eviction for nonpayment of rent.
On your 2nd question. Rent and fees are 2 different things. Rent is RENT, and fees are FEES. So I doubt any judge will evict someone for not paying a FEE.(especially a small one) However, what you could do, is write her a letter in the next 2 days, saying all FUTURE late fees owed,will be deducted from any FUTURE rent payments, before rent is paid. So if she pays rent on June 4, and there is a $30 late fee involved, , then write her a receipt for the FEE first, and then the rent, showing she still owes $30 in rent. Then give her a 3 day notice the next day to pay the $30, or move. My guess is, you would have a 50/50 chance of winning in court doing it this way.
Another way to go, is write her a letter in the next 2 days, saying any and all future late fees owed, will be taken out of her deposit, upon vacating. Again, a 50/50 chance of winning, if any money questions end up in court.
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Re: Tenant Gave Advanced Notice of Refusal to Vacate
by Michelle (CA)
on May 24, 2018 @23:13
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I reckon that your standard lease will be suitable for your state, but there are varying rules about late fees. See
https://www.nolo.com/legal-encyclopedia/free-books/renters-rights-book/chapter3-6.html
https://www.nolo.com/legal-encyclopedia/late-rent-fees-and-other-state-rules-on-paying-rent.html
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Re: Tenant Gave Advanced Notice of Refusal to Vacate
by Anonymous
on May 25, 2018 @07:19
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You might want to send the T a notice making them aware of the consequence for being considered a hold over T. (double rent)
Remind them that you asking them to be out by July 15th is not negotiable. That you have followed the law on amount of notice required.
As far as rent being late by one day. I would let it slide, but use that documentation if needed in court, when you go to evict the T.
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