1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

72-Hour Notice Eviction Notice

Discussion in 'Eviction, Recovery of Premises' started by hvbnh2008, Nov 11, 2011.

Thread Status:
Not open for further replies.
  1. hvbnh2008

    hvbnh2008 Law Topic Starter New Member

    Messages:
    29
    Likes Received:
    0
    Trophy Points:
    1
    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
     
  2. army judge

    army judge Super Moderator

    Messages:
    33,879
    Likes Received:
    5,518
    Trophy Points:
    113

    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!
     
  3. hvbnh2008

    hvbnh2008 Law Topic Starter New Member

    Messages:
    29
    Likes Received:
    0
    Trophy Points:
    1
    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?
     
    Last edited: Nov 11, 2011
  4. jacksgal

    jacksgal Super Moderator

    Messages:
    3,517
    Likes Received:
    281
    Trophy Points:
    0

    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
     
  5. army judge

    army judge Super Moderator

    Messages:
    33,879
    Likes Received:
    5,518
    Trophy Points:
    113



    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!!!
     
  6. hvbnh2008

    hvbnh2008 Law Topic Starter New Member

    Messages:
    29
    Likes Received:
    0
    Trophy Points:
    1
  7. hvbnh2008

    hvbnh2008 Law Topic Starter New Member

    Messages:
    29
    Likes Received:
    0
    Trophy Points:
    1

Share This Page

Thread Status:
Not open for further replies.