Ask Experts Questions for FREE Help !
Ask
    Tomislav Starce's Avatar
    Tomislav Starce Posts: 4, Reputation: 1
    New Member
    		  
    #1

    Jun 9, 2008, 06:13 AM
    5-day notice
    What action do need to take after I give my Tenants a 5-day notice? I gave them 30-day notice since lease was up and now they don't want to pay the final months rent.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Jun 9, 2008, 06:21 AM
    Could use some more info about the dates here. If I understand you, the lease was due to expire (when? 6/30? ) and you gave them a 30 day notice that you would not be renewing (when? By 6/1? ). When the June rent came due, they didn't pay so you served them (or pan to serve them) with a 5 day vacate notice?

    The next step after the 5 day notice would be to file for an eviction notice in court. Are the tenants refusing to move when the lease expires or do they just want you to take the las tmonth's rent from the deposit? It might also help to know what state you are in.
    Tomislav Starce's Avatar
    Tomislav Starce Posts: 4, Reputation: 1
    New Member
    		  
    #3

    Jun 9, 2008, 07:03 AM
    Quote Originally Posted by Tomislav Starce
    What action do need to take after I give my Tenants a 5-day notice? I gave them 30-day notice since lease was up and now they don't want to pay the final months rent.
    State of Wisconsin. I gave them the 30-day notice 5/30. One statement on the 30-day notice said they can't use the security deposit for the last months rent. The tenant did sign it. Then I gave the 5-day notice June 6th. I think they want to live on the security deposit which go against the 30-day notice. Already I've seen damages to the window screens from the outside. Also the lease states that they are to get the carpet clean before they leave.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
    		  
    #4

    Jun 9, 2008, 07:11 AM
    Hello T:

    It sounds as though they plan to live out their deposit with you, whether you like it or not. By the time you take any legal steps, they'll be gone.

    At this point, I'd wait to see the amount of damage, and THEN I'd sue them in small claims court.

    excon

    PS> Next time, collect, in advance, the first & last months rent, PLUS a deposit. That way, you're protected.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #5

    Jun 9, 2008, 08:18 AM
    I agree, they figure they can not pay and you will take it out of the security. While you have that option, legally they don't. So your next step is, assuming they have not left on 6/11, is to file for an eviction notice. How long this will take depends on your area. Almost definitely you will have to sue them for unpaid rent after you apply the security towards damage repair.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
    		  
    #6

    Jun 9, 2008, 08:21 AM
    Yes you file if they are not out, a eviction notice with the housing court and then after they are gone figure the damages, the rent due, minus the depoist and see how much is still owed. Then you can decide if you want to sue them in small claims court for the balance owed.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Received a 60 day notice to vacate - do I need to give a 30 day notice? [ 8 Answers ]

Hello! The rental property is in cupertino, California. I received a 60 day notice to vacate as the new owner wants to remodel the property. As I have a house that I had bought and was also renting this unit I would like to vacate within 15 days and move all my stuff? Question - Am I...

30 Day notice [ 1 Answers ]

I was wondering if the resident has to give a written 30 day notice by law. I was told that under California State Law does not require a resident to give a written 30 day notice even if the lease states they must. Please let me know as soon as you can. Thank you very much..

30 Day Notice [ 1 Answers ]

I'm in a month to month agreement with my landlord and I gave a 30 day notice 0n 10-09-07 but I have changed my mind, am I obligated to leave the premises or is there a law or something that can help to stay in the apartment?

No notice entry/ re-rent / notice [ 1 Answers ]

My husband and I signed a year lease three months ago. We are currently living in Tennesee. The lease is 20 pages in length with numerous addendums etc. etc. It appears "iron clad". I have two questions, if you answer please consider the state I live in with your reply. 1. The maintenance...

Eviction notice or quit notice [ 1 Answers ]

I've been living in this house for 46 years with my mother, sister and brother. My beloved uncle decided to take over the house because the house needed repairs. He was approved for a second mortgage. Unforunatelly he passed away. My aunt became exceutive of his estate or so she claimed, Any...

View more questions Search