I know of someone who is a first-time landlord and she has a family in her rental house that is chronically late with the rent every month. They have even been as much as two months late. They are also very rude and vulgar to her on many many occasions. On January 16, she sent them a letter with a Notice to Quit, and gave them until February 18 to move. The family then paid January's rent on Feb 2, and all of Feb. rent on the 9th. What legal recourse does she have in removing the tenants? Doesn't the chronic lateness of the rent constitute a breach of contract on the tenant's part? What can she do? It does say in the lease that the rent is due on the 1st of every month. THe tenant's lease is thru June 30, 2007. Please help! Thanks!
2007-02-16 03:14:59 · 4 answers · asked by Phoenix 2 in Business & Finance ➔ Renting & Real Estate
Yes you can file for eviction. However with the rental market in Michigan, I would (and have) put up with late payments. It seems that once your friend sent them a pay or notice to quit, they paid up. She needs to do that every time they are late. My rents are due by the first, however we allow it to be postmarked no later than the 1st. That means we usually get it by the 3rd of each month. If I dont have it on the 3rd (if its not a holiday) I immediatly send out a pay or quit. Usually I have get the rent in the 7 days with the $50.00 late fee. Yes I go through alot of 7 day notices to pay or quit. But if you show you mean what you say, then they will fall in line.
Seriously, I would not kick them out just yet. The Michigan economy stinks and she would probably have a hard time finding a new renter. (I have 5 open apts) If sending out the notices doesnt work by May, then send a letter telling them you are not renewing the lease and they need to be out by June 30th. Remember, on a years lease you have to give them 30 days notice of non-renewal and to move.
2007-02-16 04:00:38 · answer #1 · answered by kimmamarie 5 · 2⤊ 0⤋
An eviction can happen for reasons other then not paying rent. Violating the rental or lease agreement. Any clause in it. Also, if you were given a 30 or 60 day notice to vacate, that isn't necessarily an eviction, it's a notice to vacate by a specific date. If youd on't comply, then you get the eviction notice and the eviction process gets started. I would ask the landlord why they are evicting you, though it should be stated on the notice. If it's a lease agreement violation, you usually have a specific number of days to rectify the situation.
2016-05-24 06:50:58 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You need to send them a "notice of eviction" giving them 30 days to vacate the property. Have the letter "notarized" by someone who can do this. (Expect to pay a few dollars for this service.) Send them the letter via "certified" mail with return receipt. A land lord can move people out anytime they feel like it with notice, unless you gave them a contract showing otherwise. But, in reality if they don't move you will have to sue them in court! That will take another 60-90 days to get them out! Then you will need to sue them again for lost rent and hope for the best. It turns ugly with dead-beat renters. The lease should have stated a severe penalty for late pay after the 3rd of the month in the amount of $10 per day or more. Otherwise, why would they pay on time?
2007-02-16 03:24:48 · answer #3 · answered by Mark W 2 · 0⤊ 0⤋
One leasing company that I was involved with as a renter had the language in the contract and any notices, that chronic late payment could result in eviction. I believe that their policy was more than 3 late payments in a 6 month period. I imagine that it must be addressed in the contract.
2007-02-16 03:26:48 · answer #4 · answered by jlovett72078 5 · 0⤊ 0⤋