Past Due Rent Notice To: Fill & Download for Free

The landlord would simply contact the clerk of the court to file a notice to withdrawal the case. However, if the landlord was seeking a monetary judgement to collect for past due rent or damage, a case may proceed for that purpose.

I lived in Iowa, for two years. During that time, I moved to some apartments in Iowa City, near where my then-fiance was attending university. Some unexpected events occurred, where I was employed, which ultimately led to me losing my job (the company eventually closed, altogether, shortly after I was let go). I tried to find work, but met with dead end after dead end. Eventually, we fell behind in our apartment lease payments. Desperate for ideas, I read the lease agreement, hoping to find SOMETHING that would be in my favor, as I was trying my best to find gainful employment. Then, my eyes hit the mother of all loopholes. The contract read (paraphrased, of course, as I no longer have the contract, being 20+ years removed):Rent is due on the 1st of any given month.A grace period of 5 days from the beginning of the month will be implemented. After the 5th day, late payments will incur a penalty.If a resident falls behind in paying rent, the past-due amount must be paid in full, before being considered “current”.Residents that carry past-due amounts for greater than 90 days will be evicted.After a resident is evicted for a past-due account, the resident will be responsible for the balance that is due. We reserve the right to sue the resident in Small Claims court for the past-due balance.If a resident’s apartment is found abandoned, this entire contract becomes null and void.It was line #6 that gave me my “ah ha!” moment. If I were to abandon the apartment that I could no longer afford, my past-due amount will be wiped clean, because the contract would be null and void… with no given exceptions! So, I packed my stuff and left. A few months later, I was given a notice by the apartment’s manager that I needed to pay my past due amount, or be taken to small claims court. I reminded him that I had abandoned my apartment. Because of clause #6 in section #(enter section number here), the contract was null and void and no longer legally binding. I didn’t owe him a penny. He swore under his breath and hung up. I never heard from him, again.

Evict them and send them each a “Thank You” card.Taking over a property with tenants in place can be difficult if you are required to respect the length of their fixed term lease. You will probably want to get into both units at the same time to do whatever repairs or upgrades you have in mind, you may want to raise the rent, and of course you will want tenants who meet your requirements. Fortunately for you, both tenants did you a big favor as you can now order them to vacate instead of waiting anywhere from 90 days to two years, and you can work on both units at the same time.Your tenants knew that rent was due, and if by some chance they believed that new ownership meant that they’d get to live for free (not impossible; I had a guy who thought that living in his apartment for several years meant that he was now the legal owner), that’s on them. This is actually an excellent lesson to learn if you are new to this business, because it is a business, and this means that you must evict tenants who do not pay. When you have your rental agreements drawn up you may want to specify a grace period or a schedule of late fees, but you should never delay past that. If you allow late payments until the 3rd, you should issue a notice to vacate (or a notice to pay or vacate) on the 4th. If you’ve made no stipulations for late payment, you issue the notice on the 2nd.This might sound unnecessarily harsh, but evictions take time. The fees to file in court are generally negligible, but your lost income won’t be. You can of course bill them for the unpaid rent and sue them in order to collect, but you lose out on rent during the process while you still need to cover the cost of ownership. The only way to minimize the cost to you is to act immediately, because evicting a tenant for nonpayment can easily take up to two months. Some people would urge you to negotiate or give your tenants an opportunity to pay, and that is an excellent idea as long as you negotiate after you’ve issued the notice.Most states allow you to issue a 3 day notice immediately, telling tenants to pay or leave within three days. If they pay then that ends the proceedings, and there will be no negative consequences to them. You cannot file the paperwork with the court to evict a tenant until the three days are up, but once you do the tenants will receive an eviction notice with a court date. If you accept any payment it will end the process, which is why you should never accept partial payment as you’d then need to issue another notice to vacate and start all over again.It’s a given that the tenants will be evicted unless they can show proof of payment, and being formally evicted will go on their record and make it impossible for them to rent again, so people are usually eager to avoid this. This is another reason not to hesitate, even if you want to negotiate, as you can withdraw your petition to evict if they move out voluntarily and pay in full – just do not stop the process until the keys have been returned, an inspection of the premises conducted, and the money has been received.Evicting tenants can be intimidating, but the courts who handle these disputes are designed to allow both parties to represent themselves. The process is less formal and technical, and if you show up and tell the clerk what you need, she will help you get started. I recommend delivering a brief account of the process at the same time as the notice to vacate, explaining to your tenants how it will be in their best interest to comply. You may want to offer not to sue for the unpaid rent if they comply, but make it clear that suing for eviction or to get a judgment for money owed won’t be a big deal to you.Your tenants will most likely pay or move out, as most prefer to avoid eviction, so if you do want to gain possession as soon as possible you should see if your state allows you to issue an unconditional notice to vacate. This is the ideal solution when you want the tenants to move regardless, and fortunately one that my state allows. If you are happy to let the current tenants stay you can give them the choice between paying and vacating, whether you are legally obligated to do so or not. If they pay the rent you should take care to tell them that late payments will not be accepted in the future, because in some jurisdictions accepting late payments repeatedly will obligate you to do so in the future.Whatever you consider an ideal outcome, you should issue a notice to vacate (or pay) today. There is no downside to this course of action, and no reason for you to feel bad. Your tenants tried to take advantage of you being a new landlord by attempting to steal free housing from you, but they knew when their rent was due and chose not to pay or contact you.