Landlord/Tenant Issue (lease, rental property, security deposit, legal)

[Demetreas]

I am a landlord and the rental property is in Charles County, MD. What legal action do you recommend for a tenant that has not paid rent that was due Jan. 1, 2013. The tenant has already received notice that the lease will not be renewed and has to vacate on Jan. 31st. Do I wait to sue the tenant in court if the tenant does not pay rent before the move out date?

[wireyourworld]

I take it you didn't have them pay last month in advance when they moved in? Did you get a security deposit? Did you send the notice of non-renewal certified and have proof they received it?

[heather121]

It's been less than 3 days, and the 1st was a holiday. Unless they pay rent via a method other than the USPS and/or they have been late with the rent before, I'd wait until the mail comes today before starting to freak out. Or you could call them and ask where it is.

[MrRational]

Originally Posted by Demetreas

What legal action do you recommend for a tenant that has not paid rent that was due Jan. 1, 2013.

1) Ask your attorney what your lease and state law requires (and allows) each of you to do.
Follow his suggestions or have him do this **legal process** for you. Pay attention and learn.

2) Knock on the door and ask to speak with tenant.
Look around for the tell tale signs that he is packing up to move out by Jan 31.

3) Before you leave... give him a copy of the "pay or quit" notice that your lawyer gave you.
(the first step in the process)

Do I wait to sue the tenant in court if the tenant does not pay rent before the move out date?

First decide which is more important to you 1) getting your property back whole and promptly
so that you can then re-let it to a new tenant or 2) going to Court to get a "win" and and the order
to pay some money (neither of which actually gets the tenant out or money in your pocket).

[STT Resident]

Originally Posted by heather121

It's been less than 3 days, and the 1st was a holiday. Unless they pay rent via a method other than the USPS and/or they have been late with the rent before, I'd wait until the mail comes today before starting to freak out. Or you could call them and ask where it is.

This makes perfect sense. All else is dramatical "what ifs".

[oregonwoodsmoke]

If you are sure that you did not collect first and last moths rent (in which case, he has already paid rent for this month), then the first thing to do is to give him a polite call to tell him that you have not received the rent and to remind him that he did not pay first and last. Nearly all of my tenants will try to convince me that they paid last month and they will back down immediately. I suspect that they genuinely do not remember.

If rent doesn't appear, then you give a pay or quit at the first day that it is legal in your state. That will almost always get you your rent. Tenants hope that you won't bother and that they can live out their deposit.

If it doesn't, then you need to proceed with the eviction. Don't let it slide. Occasionally, when a tenant doesn't pay rent and the landlord doesn't do anything, the tenant decides that he will stay there for free until the landlord does take him to court.