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tenfour57
Dec 18, 2007, 12:36 PM
Hi,
We own a home which we have leased to tenants. The lease states leasor needs to give 60 days notice to vacate. We wrote a letter, giving them the 60 days notice and sent it registered mail. Turns out they were on a two week vacation and didn't receive the notice until they returned. Now, they have hired a lawyer to give her "opinion" that they have 60 days from the date they Received and SIGNED for the notice letter. Where do we go from here when the lease is vague and doesn't specify "when received". We really need to get them out before the day they are wishing to stay, in order to make repairs and sell the home.

Thanks.

ScottGem
Dec 18, 2007, 12:43 PM
Frankly, this is a sticky one. I'm not sure how a court will rule on it. But if it goes to court it may be too late anyway. Two weeks shouldn't make that big a difference, but you might offer some financial incentive to move by your date.

tenfour57
Dec 18, 2007, 12:53 PM
Thanks, Scott. However, look at the question "30 days notice in TX". Very similar issue and you said that it was the postmark date that was important. Please explain. Thanks.

ScottGem
Dec 18, 2007, 01:14 PM
I think the postmark date is more important. But a judge might not. Either way to get a judge's ruling would require more time. Since you need them out by a certain date and they aren't balking at moving, just at when, the issue might be made moot.