Landlord Newsletter Mid- November 2007 |
The LPA Newsletter
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Dear Mr. Reno:
My question is my tenant is late every month on her rent or pays half. I
Send out late notice every Mt to her but now thesis getting tiring. I
want to know if she gives me 30 days or i give her 30 days half way thru
the lease will that be fine or should i go thru the eviction process? i
Would rather her give notice and leave. What are the legal steps to do
This right?
Thank you
Danielle B.
A: Most times chronic lateness is not Grounds to break a lease or to give 30 day
notice as long as the tenant keeps catching up. Even if you evict for
nonpayment, the tenant can show up in Court, pay the rent and the proceeding will be
dismissed.
The only way landlords can discourage this is with strictly enforced late
payments and a provision that requires the tenant to pay legal fees if a
nonpayment proceeding is brought-even if the rent is paid in Court. If that's not in
your present lease, make sure its in your next one!
Dear Mr. Reno:
I gave my newest tenant a lease agreement to review and sign 2 months
ago. He signed the agreement but I never signed it. We both have copies of
the agreement. I now have major issues with the tenant not complying with
the agreement. He's broken several stipulations already. Should I proceed
to serve him with amply notice, or better yet, was the agreement ever
binding? If it wasn't, am I obligated to give him ample time to move?
Thank you for your time.
Ms. Cindy B.
A: Cindy, It looks like you lucked out. By never signing the lease, it never became a valid contract. You have a month-to-month tenant. You still have to serve him with a 30-day notice (or whatever notice is applicable in your state)
click for more from John Reno, Eviction Attorney
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Even though the Urgent Late Notice clearly states that the rent is late, late fees are due and the account is in eviction status, the Attorney's Fee Warning Notice has been know to get positive results.
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"Yeah, I’m moving out the first of next month." Well that’s great, but you still owe me rent for this month. - Drew, NY
"My mother was evicted and I had to help her track down the landlord at his house. I don't know when I'll have MY rent." It seems that Mom isn't the only one being evicted! - Josh, Las Vegas, NV
"Simply - I can't pay the rent - My check will bounce and the bank will charge me a fee!!!!" DUH! - Spivey, Winter Haven, FL
"I don't have any money because I've been taking care of my sick mother instead of working". Says this as he's holding a case of beer in each hand. - Amy, Maine
"I have never let my schooling interfere with my education." - Mark Twain
"The best minds are not in government. If any were, business would hire them away." - Ronald Reagan
"You can make more friends in two months by becoming interested in other people than you can in two years by trying to get other people interested in you." - Dale Carnegie
"How much did your last tenant problem cost you?"
- John Nuzzolese
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