Day Notice To Pay Rent Or Quit: Fill & Download for Free

I’m an attorney who frequently practices landlord/tennant law.Three things:Asking this question here will get you either questionable or flat out wrong advice. You are asking for legal help and the only person who can give that to you is a qualified attorney in your jurisdiction. Call one. Now.No one here knows your jurisdiction so the advice will be wrong. Landlord/tennant law is insanely jurisdiction-specific and the folks who will try to answer this question really, really dont know what they are talking about. See point one above.The best and only advice you should take for this is from a qualified attorney. Again, see point one above.

You have two separate issues—nonpayment of rent, and a garage door in need of repair due to vehicular damage. Try to keep them as separate issues, almost as if an unrelated third party caused the damage.Their car insurance should pay for damage to the garage door. You want to control the repair process and have a pro do the repairs—garage door springs can cause serious injuries. But this is not a valid reason for them to withhold rent, especially since they caused the damage.Prepare a 3-day notice to pay or quit.Schedule a garage door pro come to look at the damage, Go with him, and give the tenant the notice to pay. Explain that the rent needs to be paid regardless, and that they also need to pay for the door repair but they can have more time to do that, and you are willing to work with their insurance company, and ask them for their insurance information. Your best case is that they have insurance and admit to hitting the door with their car.Their insurance adjustor may want to come and look at the damage before the repair is made, and can approve the work based on the estimate. Alternatively, the adjustor might determine that there is no evidence of vehicular damage, and the door is simply in need of repair, which you will then have to do at your cost.Do not let the tenants try to do the repairs themselves, even if they don’t have insurance. Let your pro do the repair, then deal with it as you would any other damage to the unit during their tenancy. If they do not have insurance, and/or deny having caused the damage, you are going to have a hard time proving that they did unless the physical evidence strongly supports this claim.

We don’t; in fact we usually couldn’t do that even if we wanted to, as most states require us to serve a notice to vacate before we can even proceed with a formal eviction.That notice you receive directly from the landlord is not an eviction notice. Depending on where you live it might be called something like a notice to “cure or quit”, or just to “quit”, and this is the landlord telling you what you must do to avoid having a legal case filed against you. A notice to vacate is the same as a notice to quit, and this one means that you must move out (plus empty and clean the space and return the keys) within a certain number of days, usually three or five, or you will be formally evicted. A notice to “cure or quit” gives you the additional option to pay what you owe – or fix whatever problem has led to the notice – within those days, to avoid being evicted.Some landlords do actually ask tenants to move, before they even issue their own written notices, but there’s a very good reason why a lot of us don’t. If we’ve reached a point where we’d even contemplate eviction, it means we need to get rid of those people. We could ask, but we’ll have absolutely no way of knowing whether the tenant is actually going to be gone by whatever time they agreed to. If they comply, all is well, but if they don’t, we’re right back where we started. If my tenant hadn’t paid rent on April 1st (under normal non-pandemic circumstances), I could serve them with a five day notice to vacate anytime after midnight on the 2nd. If they didn’t leave by the 6th, I could then file them paperwork with the court to have them evicted. It varies by state and municipality, but in my case they’d be served with the actual eviction notice on the following business day and given a court date within a week or so – though this can take up to two months elsewhere. Typically those tenants would be physically removed by the marshals before the 20th, and unless I eventually get paid for those days through a lawsuit, I’ll have lost 2/3 of a month’s rent.If instead I had simply asked my tenants to leave within five days, their promise to do so would be meaningless in the eyes of the law. Once I determined that they had broken their promise, I’d have to start from scratch by delivering that written notice to vacate and give them an additional five days to comply. That would mean missing out on an additional five days rent, which would be hundreds of dollars in my cheapest unit. Since my goal is to have the evicted tenants removed by the twentieth so I’ll have ten days to clean, paint, and perform repairs in order to move in someone else on the 1st, those five extra days could potentially turn into an extra 25 days, since my leases start on the 1st or 15th. Even if you think these are minor issues, remember that all it takes for a landlord to avoid wasting this time is to serve a written notice immediately.Whether you’re asking about the actual filing in court or the landlord’s own notice, the answer is the same: We don’t ask because a simple verbal agreement isn’t binding in this case, which makes it way too easy for scammers to extend the time they’ll get to live for free or continue trashing a place.