Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I gave a tenant a written 30 days notice at the end of last month on a month-to-month lease for a rented room. He is causing a nuisance (mistreatment of animals), so I want him gone. Both I and my neighbors are fed up with his behavior, and I'm prepared to evict, if necessary. I also have reason to believe that he won't be ready to leave at the end of the month (he originally gave me a verbal 30 days one month ago and backed out soon after). From what I know of him, he'll probably be prepared to write a check for next month's rent.
Should I accept the check, even if I have to move forward with an eviction (and if that process takes under 30 days and/or he leaves mid-month, return the unused portion) or refuse it even if he offers? I know that it's still two weeks away, but I need to plan for whatever happens.
If you accept rent payment to cover a specific period of time, you have accepted them as a tenant for that period. If the period you accepted payment for goes beyond the original 30 day notice you provided, you cancelled that notice and have to start all over again.
I gave a tenant a written 30 days notice at the end of last month on a month-to-month lease for a rented room. He is causing a nuisance (mistreatment of animals), so I want him gone. Both I and my neighbors are fed up with his behavior, and I'm prepared to evict, if necessary. I also have reason to believe that he won't be ready to leave at the end of the month (he originally gave me a verbal 30 days one month ago and backed out soon after). From what I know of him, he'll probably be prepared to write a check for next month's rent.
Should I accept the check, even if I have to move forward with an eviction (and if that process takes under 30 days and/or he leaves mid-month, return the unused portion) or refuse it even if he offers? I know that it's still two weeks away, but I need to plan for whatever happens.
Your tenant owes rent up until his last day of occupancy. So if you want him out by the end of Sept, he has to pay Sept's rent. If you want him out by the end of Oct, he has to pay Oct's rent.
If he stays beyond the thirty days noted in the notice, you file for eviction. You're not evicting based on rent, you'd be evicting based on lease termination.
I gave a tenant a written 30 days notice at the end of last month on a month-to-month lease for a rented room. He is causing a nuisance (mistreatment of animals), so I want him gone. Both I and my neighbors are fed up with his behavior, and I'm prepared to evict, if necessary. I also have reason to believe that he won't be ready to leave at the end of the month (he originally gave me a verbal 30 days one month ago and backed out soon after). From what I know of him, he'll probably be prepared to write a check for next month's rent.
Should I accept the check, even if I have to move forward with an eviction (and if that process takes under 30 days and/or he leaves mid-month, return the unused portion) or refuse it even if he offers? I know that it's still two weeks away, but I need to plan for whatever happens.
I'm assuming from your syntax that you gave thirty days notice at the end of August, meaning you want him out September 30, and he paid you for September rent. If that is the case, and you accept a check for October's rent, you will have cancelled your thirty days notice and entered into an agreement that he can stay for the next month. You would have to start over, giving him another notice to be out Oct 31st.
So no, don't accept it and proceed with the process, (notice to quit, eviction proceedings, etc...)
I gave a tenant a written 30 days notice at the end of last month on a month-to-month lease for a rented room. He is causing a nuisance (mistreatment of animals), so I want him gone.
Please tell me you reported his animal cruelty to the proper authorities.
If you give notice or the tenant gives notice the tenant owes rent for the entire notice period. If you suspect that the tenant will not leave, right now you give him a written notice that overstay rent will be charged by the day at triple the previous rent. You'll have to give a 30 day notice of rent increase, which means you will have to be careful about the wording of the notice.
The notice should also inform the tenant that if he is not out on time, you will fIle for eviction for overstay.
If he doesn't leave you start the eviction process immediately. I hope you got a substantial security deposit.
Ok, so I'm definitely not accepting any payment from him for October.
Quote:
Originally Posted by oregonwoodsmoke
If you give notice or the tenant gives notice the tenant owes rent for the entire notice period. If you suspect that the tenant will not leave, right now you give him a written notice that overstay rent will be charged by the day at triple the previous rent. You'll have to give a 30 day notice of rent increase, which means you will have to be careful about the wording of the notice.
The notice should also inform the tenant that if he is not out on time, you will fIle for eviction for overstay.
If he doesn't leave you start the eviction process immediately. I hope you got a substantial security deposit.
Yeah. I didn't think of that... I should have included something like that in my 30 days notice letter.
It may be best to not rock the boat further, since state law already states that unpaid rent is triple.
He's paid through September. It's October that I'm worried about.
And about the animals, I haven't *seen* him hit them, which seems to be the sticking point with the authorities, even though I've heard it (as well as have heard him admit it and come up with stories as to why it's OK...)
His dogs smell really bad due to the way he keeps their cage... I'm very tempted to (but probably won't) take the dogs into the shelter and let him explain to them what's going on. That'd probably be way overstepping, though. They're kept outside, which keeps the house from smelling too bad, but they bark a lot, which the neighbors hate (as well as the smell).
y bad due to the way he keeps their cage... I'm very tempted to (but probably won't) take the dogs into the shelter and let him explain to them what's going on. That'd probably be way overstepping, though. They're kept outside, which keeps the house from smelling too bad, but they bark a lot, which the neighbors hate (as well as the smell).
If he's not keeping them fed, obtaining medical care and appropriately housed it could be considered cruelty. I'd be willing to bet if they smell that bad they have medical issues. Please at least make a report.
Please tell me you reported his animal cruelty to the proper authorities.
Quote:
Originally Posted by gsilver
And about the animals, I haven't *seen* him hit them, which seems to be the sticking point with the authorities, even though I've heard it (as well as have heard him admit it and come up with stories as to why it's OK...)
His dogs smell really bad due to the way he keeps their cage... I'm very tempted to (but probably won't) take the dogs into the shelter and let him explain to them what's going on. That'd probably be way overstepping, though. They're kept outside, which keeps the house from smelling too bad, but they bark a lot, which the neighbors hate (as well as the smell).
Rowan123 is absolutely correct. You need to call someone so they can check on those poor animals. Neglect is just another form of abuse. Please don't ignore what you have seen, call someone to at least have them checked on.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
