Back in October, my husband and I rented the upstairs of our house to a couple. We charge them $150 a month. We also signed a month to month lease with them with rules that they were to follow and they agreed to them.
About a week or so after they moved in, they started being very loud at night, stomping and banging around after 11:00 pm. We have 3 small children and we don't want them to wake up at night because of the noise.
We wrote them a letter, reminding them of the rules and asking them to please be more quiet at night. They wrote us a letter stating that they were not, in a round about way, going to follow the rules and they also stated that the letter was also their 30 day notice.
We accepted their notice but the noise has gotten worse at night.
Can we serve them with a 7 day notice even though we served them with a 30 day? They owe us $70 for December and have to be out by January 3rd. They have only paid for 2 weeks of December. Any advice please! Thanks!
2006-12-01 06:32:15 · 6 answers · asked by tnoe2005 2 in Business & Finance ➔ Renting & Real Estate
Keep in mind, in most states, if you accept a partial payment for rent, you are extending the time they can stay in the property. I would not accept any more partial payments from them, and also as others have said, contact an attorney to get the "official" eviction process started.
2006-12-01 08:13:34 · answer #1 · answered by Anonymous · 0⤊ 0⤋
No, you can't change it to seven days. Be thankful they are moving out in 30 days. By law if they decided to stay and you had to evict them, it could take 90 days or more. Then small claims court to get a judgement which they could ignore and never pay. Try to make nice with them and hope they don't tear up the place.
Good Luck!
2006-12-01 14:48:53 · answer #2 · answered by Chief M 1 · 0⤊ 0⤋
As a general rule, the law requires a 30 day written notice.However, check with your local law enforcement agency,they would be the best choice in handling this type of problem. They can probabably give you some new tips!
2006-12-01 14:51:14 · answer #3 · answered by Robin H 1 · 0⤊ 0⤋
Call the cops evey time they disturb your peace. That will generate a record of their behavior. As a bonus, if they're up there doing anything illegal, they may be out sooner. Everything adds up to a judge at small claims court ruling in your favor. One thing you need to do is levy fines so that if you do go to court and later sell their debt to a collection agency or bank, the fines will be balance the costs involved in collecting.
I knew a sergeant back at Ft Bragg with a similar problem. He used to clean his weapons out on his porch... but I wouldn't suggest that kind of thing... just thought that was a funny story.
2006-12-01 14:39:07 · answer #4 · answered by Lobster Dinosaur 3 · 0⤊ 1⤋
I would ask them to keep their $70.00 and call the police and have the escorted off the property. They did not follow the rules and are making your own home a difficult place to live. I would tell the police that you fear for your families welfare and kick them out.. I would not tolorate that from anyone.
2006-12-01 14:42:10 · answer #5 · answered by annamarieu 1 · 0⤊ 1⤋
Consult with an attorney.
Don't waste your time with the cops, aside from noise complaints. They cannot and will not get involved in civil disputes. Nor will they give you any legal advice, aside from tell you what I just did: Consult with an attorney.
2006-12-01 15:30:01 · answer #6 · answered by Bostonian In MO 7 · 1⤊ 0⤋