Welcome to City-Data.com Forum!
U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Real Estate > Renting
 [Register]
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.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
 
Old 09-30-2018, 01:58 PM
 
Location: Hunterdon County, NJ
51 posts, read 86,065 times
Reputation: 18

Advertisements

I served 30 days notice to terminate tenancy on my tenant. After the 30 days has passed, and if the tenant has not yet vacated the property, then I will file a complaint for forcible entry and detainer in the district court.

The reason I chose the 30 day notice versus the optional seven day notice is because I don't want my tenant any options to correct themselves and be able to stay. I want my tenant to vacate.

I received from the District Court a sample of the complaint for forcible entry and detainer. Item number three on the complaint offers the plaintiff (landlord) to check boxes regarding arrears and rent.

While my tenant does Owe arrears in rent, I've chosen the 30 day notice option. I didn't serve notice to have my tenant correct their arrears, I served notice for them to vacate. I don't want the courts to judge and offer my tenant to correct the arrears payment within a certain amount of time and then my tenant will be allowed to stay. My goal is to get the tenant out.

Will putting in the arrears amount on the complaint and I'm number three jeopardize what my end goal is?

Should I not answer Item number three regarding the arrears and rent? (my tenant does only rent). Or doesn't it matter that I do put it in, and it's assumed by the court that since I serve a 30 day notice, not a seven day notice, that I want the tenant out.

*********
In Maine, before filing a complaint for forcible entry and detainer, a notice to terminate tenancy needs to be served on the tenant by the landlord.

There are two different types of notices:

7 day notice: when the landlord has a specific reason, such as arrears in rent and wants to bring the tenant to court real fast.

30 day notice, when the landlord has no specific reason, they just want the tenant out.

Last edited by moxiefox; 09-30-2018 at 02:08 PM..
Reply With Quote Quick reply to this message

Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:


Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Real Estate > Renting

All times are GMT -6.

© 2005-2024, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top