One tenant leaves, other wants to stay

[antiduke]

You can't necessarily do that. You can offer to break the lease, but she does not have to accept. I certainly wouldn't accept if I knew my security deposit was going to be kept. You can also go through the process of eviction which will allow you to keep the security deposit after the court orders her to get out.

You really need to study up on the landlord/tenant rules for your state and in general. You seem very new to being a landlord.

Lol, yes I said that in my very first post in fact. These are my first tenants. I know she doesn't have to accept and I imagine she won't.

 

[justalayman]

You're going to try to get OCTOBER rent first?

When is rent due? Is there a stated grace period?

If they are late and either no grace period or beyond the grace period, issue a pay or quit notice of the appropriate length. You need to be on top of this or you will make it that much easier to lose money.

 

[antiduke]

You're going to try to get OCTOBER rent first?

When is rent due? Is there a stated grace period?

If they are late and either no grace period or beyond the grace period, issue a pay or quit notice of the appropriate length. You need to be on top of this or you will make it that much easier to lose money.

Yes I will be serving a pay or quit notice today. Rent is due in advance on the first of the month. There is a late fee if it is not paid by the 5th, so initially I was thinking that I wouldn't be able to serve it until then but that doesn't appear to be the case.

 

[justalayman]

I would have to research it but it is quite likely you cannot serve the notice until after the 5th due to your grace period. Don't have access to the ability to research it at the moment though

 

[LdiJ]

Yes I will be serving a pay or quit notice today. Rent is due in advance on the first of the month. There is a late fee if it is not paid by the 5th, so initially I was thinking that I wouldn't be able to serve it until then but that doesn't appear to be the case.

I agree with justalayman that you probably cannot issue the pay or quit notice until after the 5th. In addition, based on having a grace period before the late payment fee goes into effect you also cannot consider them as someone you could potentially evict if you always get rent by the 5th.

I really think that you might need a sit down discussion with a local real estate attorney to get a better handle on how you are supposed to be doing things and what you are allowed to do, and when you are allowed to do it. You keep throwing out tidbits of information that cause us to change our advice. You really need someone who can read your entire lease and then explain things to you based on your state's laws.

 

[antiduke]

I agree with justalayman that you probably cannot issue the pay or quit notice until after the 5th. In addition, based on having a grace period before the late payment fee goes into effect you also cannot consider them as someone you could potentially evict if you always get rent by the 5th.

I really think that you might need a sit down discussion with a local real estate attorney to get a better handle on how you are supposed to be doing things and what you are allowed to do, and when you are allowed to do it. You keep throwing out tidbits of information that cause us to change our advice. You really need someone who can read your entire lease and then explain things to you based on your state's laws.

OK, yes I wasn't really sure about that. From the Kentucky Landlord Tenant Guide:

"If rent is unpaid when due and the tenant fails to pay rent within seven (7) days after written notice by the landlord of nonpayment and his intention to terminate the rental agreement if the rent is not paid within that period, the landlord may terminate the rental agreement."

So although it says "unpaid when due" and I say rent is due by the 1st of each month, because I say there is a late fee imposed after the 5th, that would mean I can't post notice until after then? I feel an argument could be made for either case. But being as the 5th is tomorrow, I will wait until the 6th. And yes, I may break down and consult an attorney, although I have learned a great deal in the past week through research and the good people here.

 

[FarmerJ]

Just wait till Monday to issue the demand notice ( next time around do not offer a late fee date in a lease , rent is due on x and thats it ) If you chose to not wait it would give the tenant room in court to argue the notice was defective and should not count ( so as landlord you would have to start from scratch all over again if a court agreed , so thats the good reason to wait since your lease gave a period where rent could be paid with out a penalty then your lease might be treated by the courts as due on first of month plus five days, so next time remove that possibility by removing it from your lease copies.

 

[antiduke]

Thought I would give an update to this situation for those who were interested.

The husband has still not contacted me - I don't expect he will. I have received 0 money for October. I have already posted the pay or quit notice which has expired and I will be filing the forcible detainer papers this week.

One question I had: Do I need to name the husband on the Forcible Detainer as well even though he isn't living there (and has been out for the last two weeks)? I would prefer not to as it costs a little more for each person, but if this will cause me problems down the road I will certainly do it.

 

[BL]

Thought I would give an update to this situation for those who were interested.

The husband has still not contacted me - I don't expect he will. I have received 0 money for October. I have already posted the pay or quit notice which has expired and I will be filing the forcible detainer papers this week.

One question I had: Do I need to name the husband on the Forcible Detainer as well even though he isn't living there (and has been out for the last two weeks)? I would prefer not to as it costs a little more for each person, but if this will cause me problems down the road I will certainly do it.

Name ALL tenants and put anyone else residing at that address.He is still on the lease ,correct?

 

[antiduke]

Name ALL tenants and put anyone else residing at that address.He is still on the lease ,correct?

Yes, he is on the lease, but not living there.

 

[STEPHAN]

Yes, he is on the lease, but not living there.

If you don't evict him, he could be back any time.

 

[antiduke]

If you don't evict him, he could be back any time.

Yeah, that's kindof what I am fearing. I will name him as well.

 

[FarmerJ]

If you did not name him in theory later on he could claim you self help evicted him and sue you for a illegal eviction that makes good reason to make sure he is included in the eviction suit.

 

[justalayman]

Yeah, that's kindof what I am fearing. I will name him as well.

If you do not evict him, well, he is still your tenant. Name him, the wife, and if this other party has moved in, her as well as an occupant.

Should you not name any of them, the court cannot remove them.