Texting 30 Days Notice?

[V. Barboza]

My tenant gave me a thirty day notice by text. She didnt pay the rent by the due date. I served her with a 3 day pay or quit notice. Some man there who said was her husband, he's not on the agreement, paid the rent on her behalf.
A week later I rented the apartment for the 1st of the following month. Now the tenant is saying she is not moving out after all and that the text she sent me was not her Offical Notice. I told her I accepted her text and that I had already rented the apt and we needed to do a walk through so I could return her deposit. Can I hold her to moving out on the 30th with just her text message?

[Rabrrita]

Originally Posted by V. Barboza

My tenant gave me a thirty day notice by text. She didnt pay the rent by the due date. I served her with a 3 day pay or quit notice. Some man there who said was her husband, he's not on the agreement, paid the rent on her behalf.
A week later I rented the apartment for the 1st of the following month. Now the tenant is saying she is not moving out after all and that the text she sent me was not her Offical Notice. I told her I accepted her text and that I had already rented the apt and we needed to do a walk through so I could return her deposit. Can I hold her to moving out on the 30th with just her text message?

Did you send her a written acknowledgement of the notice? If so, you should be able to hold her to the move out date or the paid to date which ever comes last. If there was no communications of the termination date by you to the tenant, you messed up and the tenant can hold you to their current paid up date, or maybe even until a new written notice or acknowledgement is given.

You also have to know what you put in the lease regarding notices and move outs and holding over. Plus your state laws may have guidance, restrictions or requirements as well. You may have to get competent legal assistance on this.