For Rent by Owner: A Guide for Residential Rental Properties by Unknown

Author:Unknown
Language: eng
Format: epub
Published: 2016-10-31T19:45:13+00:00

Three-Day Notices to Evictions

Three-Day Notice

Rents are due on the first of the month. They are subject to a late fee if not paid on time. We allow a few days’ grace period, as shown on their rental agreement, before the late fee is applied. If the tenant has not paid their rent in full by the end of the grace period then we give the tenant a three-day notice. This notice is a standard apartment association form called “Pay or Quit.” This form notifies the tenant that if the rent is not paid, or they do not move in three days we will file for an eviction with our attorney.

If the tenant pays the rent with a late fee in full within the three-day period the matter is closed. If the tenant fails to pay the amount due in full within the three-day period, we will file on them. If the tenant pays a portion of the due amount we will accept the partial payment, crediting any late fee first; we then issue another three-day notice for the balance of the rent and start the clock running again on eviction. This is important if you go forward on eviction, as it is easier to get a judgment for rent than it is for rent and a late fee.

Many times in the past, we have worked with good tenants to set up a payment plan or catch up plan for back rent. We will, however, still issue a three-day notice to protect our legal rights for an eviction if they fail to keep their part of the agreement. It is always difficult to tell which renter will actually pay and which one will end up with an eviction. You just take your best educated guess based on their past performances and cross your fingers.

If they do not pay, it is time to file for eviction. It is necessary to put the rent on one form and the late fee on another. Judges sometimes disallow the collection on the late fee, so we want that to be a separate issue.

It is usually best to be very strict on this procedure. We want the tenants in the complex to know that if they fail to pay their rent, we are going to move to evict them as quickly as the law allows. We do not want them to feel they can fail to pay rent, use the money somewhere else, and get away with it. We want them to know that they had better pay their rent first or they will have to face eviction and a judgment against them from the court.

When we are evicting a tenant for non-payment of rent, we always file for a judgment against them for rent and all fees owed to us, as well as any damages caused by them to the property. Again, we want all tenants to know that we are going to come after them if they do not pay.

30-Day And 60-Day Notice To

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