Eviction

[LuckyN]

I am in the process of evicting a tenant due to non-payment of rent (72-hour notice has been served and eviction complaint has been filed). The first appearance in court will be 10 days away.

I have 2 questions: 1) While waiting for the 1st appearance, can I serve him a no-cause notice terminating the rental agreement in 30 days (we have a month-to-month lease) 2) At the first appearance, do I have to accept his rent? I don't want to deal with this person anymore and how do I get him out of the property safely? He's a trouble maker for me (always late on rent, complains a lot and threatened to sue me in the past). Thank you.

 

[fredrikklaw]

No; No; and Sheriff's Deputies!

No, there is no need to serve the tenant with a 30—day notice of termination , in fact, it would be quite redundant considering you have already filed an Unlawful Detainer complaint and are due in court in 10 days. And the answer to the second question is yet another resounding no; it is not mandatory and you are not under any legal obligation to accept rent from the tenant at the hearing except when ordered to so by the judge for some strange reason.

But for all intents and purposes and unless the tenant offers a valid and plausible defense based on landlord's breach of the Covenant of Quiet Enjoyment and the Implied Warranty of Habitability causing to bring about a Constructive Eviction, the lease will be officially cancelled by the court and the tenant ordered removed from the property within a certain period of time.

And you do not have to concern yourself with the "safe" removing of the tenant from the property as the order of eviction will be served on the tenant by a sheriff's deputy who will call again on the tenant at midnight on the designate date for removal and if the tenant should still be there, then he shall be removed by force by the sheriff deputies.

fredrikklaw

 

[LuckyN]

Thank you very much.