Hi there,
I rented my house out to a family with grown children in 2007 (summer) because I took a job transfer. The year lease is up and they have signed a 6 month extension. In September, their check was returned non sufficient funds and had to be redeposited. Their October 2008 rent is being paid in two installments (only under duress to me). I am going to be moving back to the city where my home is sooner than I thought due to a pending job offer. What are the legal parameters for having them move out before Feb. 28, 2009. From the way I am reading our lease, they have broken the essence of the lease by bouncing the check and paying late...

They are nice people and so am I so I want to be fair, I just want to move back into my home ASAP. Also, they provided a $200 pet deposit for their cats. I do not want to return that because the carpets WILL need to be cleaned. What is my standing on that. I want to be fair. Thanks in advance.
S

In some states its legal to end a lease if the owner or their family will be occupying the premises. So check your local laws.

Otherwise, you would have to wait to see if they are late on their payments again. As soon as they are send them a notice that you are teminating the lease for chronic lateness and give them whatever notice is required for your area.

You do not want to give them a pay or vacate notice because if they pay they stay. If they have not left by the end of the notice period, you will have to file for an eviction order with your local housing court.

As for the pet deposit, you can apply that towards the cost of cleaning.

Several problems, one by not giving them any official notice when one check bounced, and then accepting split late payments you have set up a past practice that shows you are willing to do this. They may use this in court if you try to evict to force you to accept such things in the future also.
Unless of course you had them sign a notice this was a one time chance only.

They need to be notified, in writing that all future payments will be expected when due or the rules of the lease will be enforced.

So what does the lease allow you to do on late payments ? If there is a penalty, are the allowed to pay this before eviction notice can be given and is it a pay or quit, ( where they can still pay and stay)

The exact terms of the lease is what is most important.

Best and perhaps most fair, ask them to move and offer to pay them some amount ( perhaps one months rent) when they move,