I have a tenant who moved in last year and signed a one year lease. The lease began on August 1st 2008 and will expire on July 31, 2009. I am having a number of issues and not really getting any help from the courts as far as answers.
First problem, I agreed to leave the energy bill in my name but had them sign an agreement stating that they agree to clear the balance at the end of every month and if they fail to comply with this agreement that they will be required to put the bill in their name. Now first of all before anyone hollers at me I know this was a bad mistake but I needed to get the property rented and was running out of time. So anyway after several months of them not paying the bill I served them with a "correct or vacate" notice on May 15th, 2009 via certified mail and stated that they have 30 days to correct the issue or vacate the premises. The date it needs to be fixed by is May 17th which is Monday and as of today it still has not been taken care of.
I went to the court house to file the summons and complaint and start the eviction process and was told that I have to file a non military service notice, however according to the department of defense he is considered active duty because he works at the national guard every day. He is not due to ship out again until some time in June so as far as starting the eviction process I am pretty much out of luck. Is there anything else I can do about that?
Secondly, I will not be renewing their lease come the end of July, I am serving them notice via certified mail next week that the lease will end as of July 31st and will not be renewed. My question is this, does it matter whether he is shipped out or working for the military if I do not want to renew their lease or am I stuck with these people forever? Can I choose to not renew the lease regardless of when he ships out next? I need to get rid of these people, they are killing my credit with the energy bill that is now over $500.
Please give me any advice that you can so I can get these people out ASAP. Thank you.