We rent out our basement (with 2 bedrooms) to a family of two (brother and sister). The sister pay rent on time, however, the brother has not pay the rent for up to 4 months now. Furthermore, damages have been made during their stay. We want them to pay the long overdue rent as well as ask them to move. Can I serve the mentioned notices at the same time?
2007-03-05 02:30:32 · 7 answers · asked by SFOTraveller 1 in Business & Finance ➔ Renting & Real Estate
It was a verbal agreement.
If I cannot serve both at the same time, is it possibile for me to do one of the following:
1) serve the notice to pay or quit to the brother and serve the notice to vacate to the sister OR
2) serve the notice to pay or quit first. After I got the overdue payment, then I serve the notice of vacate
2007-03-05 03:18:27 · update #1
No. It has to be one or the other as far as I know.
2007-03-05 02:37:24 · answer #1 · answered by E-Razz 4 · 0⤊ 0⤋
I think the "quit" part means "vacate"...if you dont pay! If they are on one lease, which means only half the rent is being paid which doesnt save the sister...the one who has been paying. If she is in fact paying exactly half the rent, it really means she has been paying his half making them both 2 months behind. You should inform her of that. That should make her put fire on the brother's butt. Let her know that his neglect to pay rent is affecting her simply because they are on the same lease! There IS a written lease agreement, right?
2007-03-05 02:58:20 · answer #2 · answered by ALEGNA 3 · 0⤊ 0⤋
A Pay or quit and a Notice to Vacate are the SAME THING. But since you are asking about this I will get you a site to look at. Here you go I found a BUNCH and you can pick what site you want to help you.
2007-03-05 02:40:56 · answer #3 · answered by Arizona Chick 5 · 0⤊ 1⤋
I dont believe so, It has to be one or the other either you want your money and they stay or you want them out. If you want them out file the notice to leave then you will have to file another case to get your money for the owed rent and damages done to the property. I will tell you one thing if they ruined the carpet then they will not be responsible because it is considered natural wear and tear, I know this for a fact it happened to me.
2007-03-05 02:35:30 · answer #4 · answered by cmsmith114 3 · 0⤊ 0⤋
"A Pay or quit and a Notice to Vacate are the SAME THING."
No, they aren't.
You can't do both notices at the same time for one simple reason: they are contradictory.
Pay or Quit basically tells the tenant that if they pay, you agree to let them continue their tenancy.
A Notice to Vacate ends the tenancy completely, whether they pay you or not.
2007-03-05 02:52:03 · answer #5 · answered by BoomChikkaBoom 6 · 2⤊ 0⤋
Hope you have a CO (certificate of occupancy) before you start any legal action...........IF not you could wind up paying the tenants back all their rent money.....and fines to the state
2007-03-05 02:40:53 · answer #6 · answered by Pearlinpc 3 · 0⤊ 0⤋
no. if they pay the rent up to date-they should not have to leave. if you want them to leave-then paying the back rent will have to be collected later.
2007-03-05 02:34:07 · answer #7 · answered by Anonymous · 0⤊ 0⤋