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gregjohnnie · Jul 7, 2006, 07:12 PM

I have a lease with a tenant, the lease is in the month to month stage. The lease holds that tenant must give a 30 day notice to terminate the lease. Lease also provides that tenant can pay on the 2nd Wed of each month. Tenant is moving out next week, owing July rent, and technically is not late on the rent since we agreed to 2nd Wed of each month. Is there anyway I can demand rent on am of Wed, and if no payment, change locks on same day?

Fr_Chuck · Jul 8, 2006, 06:16 AM

Is the lease written, when did they give the 30 day notice, it would sound without reading the lease, you are renting from the 2nd wed to the 2nd wed of each each month ( monthly leases are not automatically from the 1st to the 1st, but merely what is written into the lease or what has become common practice of the lease.

Next you can never just change locks, that is illegal, if a person is late on their payment you write them a letter of demand, and if they don't pay, you go to court and get a eviction and sit them out on the street, but you can't lock them out.

gregjohnnie · Jul 8, 2006, 06:18 PM

Thanks for the response. I do have a lease. The year has passed and the lease calls for the lease to continue on a month to month basis with all lease terms in place,including the 30 day notice. The Tenant does not intend to provide a notice, and the term of the lease is monthly, 1st to 30 of each month, however, I agreed to allow her to pay her lease monthly on the second Wed of each month. Consequently, she is living in the house for 2 weeks and does not intend to pay or give any notice. As a landlord, you live and learn and recognize you have to treat rental property as a business and not try to be kind to people.

CaptainForest · Jul 8, 2006, 06:23 PM

And also as a landlord, you need to recognize that you do have a remedy available to you... called small claims court.

Take her there for the last month's rent if she doesn't pay it.