[shermike]

This tenant That I have renting my town home was a friend we do NOT have any contracts in writing all was done verbally he has been renting for 4 months. He called me on 10/28/2007 told me that he was no longer going to rent my unit. That he would be out by November 30th. When he told me this I decided to put the property on sale since I can't afford 2 mortgage payments. Anyway I called him on 12/2/2007 to ask him were are my keys he yelled at me saying I am not giving you the keys! And I am not paying you no more rent!! He mentioned that he has heard that my unit is in foreclosure and that I have been lying to him all this time and that I have been keeping the rent money!!

Of course that this is all false this is still my town home I did fall back 2 payments behind back in july/August but I did work it out with my loan Comp. I told him that what ever goes on with MY town home is my problem. And that I am selling the property and that I want him out!

Please someone tell me if what I am doing know is correct I am going to give him a pay or quit notice!! But I am still selling the property Im afraid he won't let the real state agents see the town home... what can I do?? I don't have nothing in writing and he has lived there for only 3 months...

Thankxx shermike

[excon]

Hello shermike:

Evict the SOB. And, do it quick. You can find the laws in your state right here at the top of this page on a sticky note.

excon

[ScottGem]

First, when he called you to let you know that he was moving out, you should have asked for a statement in writing. But that is really moot. Since you don't have a formal lease he is a month to month tenant so his residency can be terminated by you with one months notice.

So you need to check the rules for eviction in your area. If rent was due at the beginning of December and he hasn't paid it you can evict for non payment.

If he gives you any back talk, you tell him:

1) YOU told me you would be out by 11/30 so I assumed you would have returned the keys on that date. (I assume you have a copy)
2) If you want to stay longer then you need to pay rent for Dec.
3) What I do with the rent money is my business, NOT yours. Its not concern of yours.
4) Not that its any business of yours, but my mortgage is up to date.

[shermike]

So what I am doing is correct giving him a 3day notice to pay the rent or he has to get out!! Should I get this letter notarized to also have a proof and witness..

[excon]

So what I am doing is correct giving him a 3day notice to pay the rent or he has to get out!!! should I get this letter notarized to also have a proof and witness..

Hello again, shermike:

I don't know what your STATE requires. In SOME states, a 3 day notice is appropriate. In others, it isn't. If you do it WRONG, he'll be there for another 3 months WITHOUT paying rent.

The RIGHT way is in your landlord tenant laws that I referred you to earlier.

You don't need to get your letter notarized. Just send it certified, return receipt requested. Send a copy by regular mail, and HAND deliver another copy. Do ALL your correspondence with him this way from now on.

Although it needn't be said, I'm going to say it anyway. Get ALL your agreements in writing.

excon

[shermike]

Trust me I learned my leason... Specially when you think that they are friends!! Well I am going to send him one certified... and th eother hand it to him... It is a 3 day notice to pay rent or quit! Well of what I read on the laws. When it is a tenat month to montha and has lived there less than one year I am entitled to end it anytime!

[ScottGem]

Notarizing just verifies the identity of the signer. Not necessary in this case. What you need is proof of delivery.

[LisaB4657]

I agree with everything that's been said so far but you should be aware of something.

If you give him a 3 day pay or vacate notice, this will not terminate his tenancy. Even if he doesn't pay within 3 days and you file for eviction, he still has the right to pay during the entire process of court, until the constable shows up to lock him out. Once he pays in full then he still has the right to stay there.

If you want to terminate his tenancy then you have to give him a written 30 day notice that his tenancy is terminated and he must vacate. If he doesn't vacate within that time you file a lawsuit for eviction. Once he gets formally evicted he is out for good and there's nothing he can do about it.

Check out this thread: https://www.askmehelpdesk.com/real-e...ay-159064.html

[shermike]

So then you suggest the 30day notice! That entitles him to live free for those 30 days thou. Then he will really think that he can keep on going longer... That's why I wanted to give the 3 days to pay or get out Because I know for a fact he's not planning on paying the rent he made it clear to me... So he would have to leave in less 7 days.. the notice says he has 3 days to pay or 7 to move out! I want him out the sooner the better so I can show the property.. It is on sale... know I'm afraid that he won't let anyone in to see it...

[LisaB4657]

I understand that you want him out fast. But what if he doesn't pay in 3 days or move out in 7? You can't just change the locks. You have to file a lawsuit for eviction. That can take anywhere from 1 week to 2 months, depending on your area. And he can pay in full at any time. If he pays then you can't kick him out. You have to give him a new 30 day notice and start over again.

If you're sure that you want this guy out, give him the 30 day notice now so you can start the clock running. You can always sue him in small claims court for the rent he didn't pay.

[ScottGem]

I gather you didn't get a security deposit. You can still sue him for the back rent.