[JohnGreen]

I am a landlord and have a tenent I want to evict. She has not paid rent in almost 3 months. She is moving out on Feb. 8 and the 3rd months rent is due Feb. 1. She says I can't have both eviction and past due rent. What is the law regarding this? I want my money from her.

[ScottGem]

You shouldn't have become a landlord without learning the rules. You seem to have a problem with reading instructions, evidenced by your originally posting this in Forun Help which is clearly marked as only for questions about using this site. I moved it to the apprpripriate forum.

Your tenant is stalling you. You should have given her a pay or vacate notice when she first became late.

You need to check the eviction process for your area. Generally it goes like this. First you give her a pay or vacate notice. This gives her 3-10 days to pay or or vacate, depending on your local rules. If she doesn't obey you then file for an eviction. This involves a hearing at which an eviction order is issued. If she still hasn't vacated, you hire a sheriff to physically remove her.

If she owes you money, you keep her deposit. If that doesn't cover what she owes, you file suit against her.

You are entitled to rental for every day she occupies the premises. Whether you have to evict her or not, doesn't change that,