Eviction Notice 72-Hour Notice

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hvbnh2008

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I have a month-to-month lease with a tenant.

I gave him a 60-day notice for termination of tenancy without cause (the law requires me to give him 60 days because he stays more than 1 year). My notice says his last day will be Jan 20, 2012. However, after receiving the notice, he made stop-payment on the check that he paid for November's rent (this month's). When asked about the stop-payment, he said he would leave by the end of this month, and therefore, didn't have to pay last month's rent (I have his last month's rent).

However, if counting from his verbal 30-day termination notice, his lease won't be expired until mid-December. Can I issue a 72-hour notice for non-payment of the November rent? Am I correct to say that his last month's rent is for half of December and whatever left will be refunded?

Thanks
 
Why bother?

You want him gone, right?

Well, he's leaving sooner, rather than later.

Sure, you can sue for anything you want.

You might even get a judgment, but how do you get paid?

You must then try and collect.

If I were you, I'd let him go.

I'd forget about anything he might owe, unless he didn't leave!
 
Thank you, Army Judge, for your prompt response.

You are right. I want him gone but I don't trust that he'll be leaving end of this month as he said. The reason for the 72-hour notice is that, in case he's not leaving, I can use the notice to evict him sooner rather than waiting for the 60-day notice to elapse, which is not until 2 months from now. What do you think?
 
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If he has failed to pay rent then why not pursue the eviction? This will gurantee tenant leaves. Your problem is the cost to evict. Its unlikely you will recoup this cost or the overdue rent
 
Thank you, Army Judge, for your prompt response.

You are right. I want him gone but I don't trust that he'll be leaving end of this month as he said. The reason for the 72-hour notice is that, in case he's not leaving, I can use the notice to evict him sooner rather than waiting for the 60-day notice to elapse, which is not until 2 months from now. What do you think?



You surely can use a 3 day notice for non-payment of rent to expedite things.

He'll try to defend on the basis that he's given notice.

No worries, by the time this gets to court, he just might be gone.

The double barrel approach is twice as effective.

It'll cost you some more money to file, but you gotta pay to play!!!
 
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