Request for Tenant to Vacate
I have a tenant who had a 1 year lease which expired about a year ago. Since then they have been living in the apartment and paying rent. Prior to the beginning of August we explained to her that we were not going to continue to rent to them and asked that they vacate the premises by September 15th. We sent a certified letter confirming the above information and offered to allow them to stay for a reduced rent until the end of September. I did not hear from tenant until the 14th of September and after my asking if she was in the process of moving out she told me no and that she would pay for the extension. I told her that this would be acceptable but that she had to be out prior to the first as I already have the apartment rented. She told me she was trying but is not having much luck. My feeling is that she waited until the last minute assuming she could just keep staying as long as she felt like it. The new tenat is going to pay more rent than my current tenant. If she does not move out prior to the first when can I serve her with a notice? If I lose the new tenat as a result of her failure to vacate can I charge her for the difference in rent and take this out of the security deposit?
1 Answer from Attorneys
Re: Request for Tenant to Vacate
No. A notice by mail is no good in an action for eviction. The statues are very restrictive and must be followed to the letter. A note to quit possession is the first step and must be served by a marshall. If the tenant does not get out on the day specified in the NTQ, then the actual suit for eviction would begin and can go on for several months. I would hire an attorney to do this for you because the cost of the legal services is less than what you will pay in court fees and lost rent if you don't do every step in the process exactly as the statutes provides. Tom Noonan