Re: Tenant Gave Advanced Notice of Refusal to Vacate

Re: Tenant Gave Advanced Notice of Refusal to Vacate by Garry (Iowa) on May 24, 2018 @20:55

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.

[ Reply ] [ Return to forum ]

Re: Tenant Gave Advanced Notice of Refusal to Vacate - Landlord Forum thread 357565