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PDF Editor FAQ

I just purchased a duplex with two tenants from the previous landlord, neither paid this month’s rent, what should I do?

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.

My tenant is refusing to leave even though they've been evicted for weeks. what process do I take next to get them to leave?

Hard to say, because jurisdictions are a little different. Some are tenant-friendly and it can be harder to evict some tenants unless a crime or some other violation exists.As other landlords have noted, eviction is the end of a civil (not criminal) process. Once a tenant fails to live up to the terms of the rental agreement, in most cases, the notices look like these:3-day notice to pay or vacate10-day notice to comply with the terms of the rental agreement or vacate3-day notice for waste or nuisance20-day notice to terminate tenancy (a “no cause” notice)The tenant can go to court, of course, and challenge you or the eviction process.Once the court has rendered a decision, a writ of restitution is issued by the sheriff which is a notice of when the sheriff will forcibly remove the tenant. Usually, the deadline is 3 to 4 days after the court appearance. If the tenant refuses to vacate the premises, the sheriff will take care of the situation. If children an issue, that deadline could be a little longer, and your state or country children’s services may get involved to ensure the children have a place to live. Presumably, if children are involved, the court will take that into consideration as part of the trial or hearing.It seems that something is missing from this question or situation. Once eviction is granted by a court, that’s basically the end of the tenant’s options.

Can a landlord evict me if my monthly rent payment was late by 3 days?

By Law he can only give a 5 day notice of demand for rent or 3 days to move out on eviction but thats after the five days (not before) the statements you made and if they are by the Landlord. It shows he’s Bullying and Threatening you and intermediating you. All of which you can sue him easily in small claims court with documentation of his words alone. You could get up to 3X’s your rent or if he has done this since you moved in. It’s them harassment and intimidation and all of your rent paid may have to be paid all back if you get the right Judge. I have a slum lord that thinks clogged septic is ok to live with and washing in a bucket. He’ll soon learn a lesson. An eviction notice must first be served properly and the tenant must have failed to comply, pay, or vacate within the specified time frame. This must happen before the landlord can begin the eviction court process by serving you an “unlawful detainer” eviction lawsuit, called a Summons & Complaint. This is not a complete list, but the most common notices to vacate are:3-day notice to pay or vacate10-day notice to comply with the terms of the rental agreement or vacate3-day notice for waste or nuisance20-day notice to terminate tenancy (a “no cause” notice)These notices are indicators that the landlord is going to initiate an unlawful detainer action against you if you do not respond within the time limit. According to RCW 59.12.040,A landlord must accept the rent payment if it is made in full and paid within the 3 day time frame, and will no longer be able to proceed with theA landlord could be fined between $1,000 and 10,000 for each harassment offense they are convicted of. In addition, they are unable to increase the rent on a tenant who they have been convicted of harassing until the Division of Housing and Community Renewal lifts this ban. If a landlord in New York is convicted of a felony for physically injuring a tenant, he or she could face jail time as well as a fine. eviction.Good Luck

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