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titan11 · Sep 29, 2008, 07:23 PM

Ok, I'm renting a house of mine and have made an amendment to our rental agreement before the end of the contract for a one year lease was up. It states that the rent is due on the 1st wed of the month and if not received they will have 30 days to be out. This being after numerous late pmts and lowering the rent for them to insure that they would be able to pay on time.The agreement was signed and notarized by a public notary. The rent was due on the 4th of the last month and they have till the 4th of Oct to get out..?

starfirefly · Sep 29, 2008, 08:25 PM

Try phoning the landlord tenent act, its different in some states/countries

twinkiedooter · Sep 30, 2008, 04:41 AM

Regardless of your "addendum" you will still have to go through the formal eviction process to get them to vacate the premises. These people won't just automatically leave on their own as the 30 days have elapsed on Oct 4th.

rockinmommy · Sep 30, 2008, 02:40 PM

Did they agree to your addendum? In writing? In most any lease and state law I've ever seen you can only make changes to the lease that do not affect dates nor dollar amounts. To do so, you'd have to have the agreement of both parties.

Like Twinkie said, really, you'll have to evict them either way.

They haven't paid rent yet which was due on September 4th? Is that correct? You could have started evictions proccedings against them on September 5th, probably. If anything, you're addemdum (if it's binding) may give them more leaway.

ScottGem · Sep 30, 2008, 02:54 PM

Sorry, but that clause is unenforceable, since it goes against just about every state law I'm aware of. What's more, is that it actually gives them MORE time. Even if they agreed to it (which is not clear) its still unenforceable.

Most states allow you to issue a pay or vacate order as soon as the rent is late and most states deem a payment late if its not received by the end of the due date.

A pay or vacate order generally allows for a 3-10 day period by which they must pay or vacate. So your giving them 30 days is over the top.

Even if the clause was enforceable, you would still have to get a court order for eviction unless they voluntarily vacate.

If you are going to be a landlord you need to familiarise yourself with the laws applicable for your area.

Fr_Chuck · Sep 30, 2008, 04:14 PM

Yes, you still can't just move them out or lock them out, you are going to have to take them to housing court to evict them.

Same as you would have to before any changes. The 30 days is way to liberal, almost all states allow you to evict a lot sooner for non payment