Notice to quit

[legalese]

What is the name of your state (only U.S. law)? Connecticut. I have some Tenants who are decent people but have been having money problems. they are paying the rent later and later (including a late fee) but now they have been paying into another month to pay for the previous month. I am thinking of evicting them because i feel soon they will not be able to pay at all. Here is my question: If i send them a notice to quit for non-payment of rent then a few days later thy pay the rent will that notice to quit still be enforceable? I think so but better to make sure


legalese

 

[ecmst12]

Are they month to month or is there a term lease?

 

[treese]

In CT, yes, the notice would still be enforcable as long as you include the following disclaimer in the Notice To Quit:

ANY MONIES TENDERED AND ACCEPTED AFTER
THE DATE OF SERVICE OF THIS NOTICE SHALL
BE FOR USE AND OCCUPANCY ONLY.

This disclaimer should be placed below your reason, under the line:

"I hereby give you notice that you are to quit possession or occupancy of the premises described above and now occupied by you on or before for the following reason(s) (specify):"

This disclaimer is included on the form from my local court, but is not included on the Notice To Quit form available online.

 

[legalese]

Thanks i did not know that treese. i will do what you suggest. ecmst12,Yes they are on a year lease

One last question They think because they pay alate fee they can pay whenever they want to.
I told them that they can never pay into the next month( which i let them do a few times) Question: is there legally a timeframe for a late fee or is it up to me?

legalese

 

[treese]

In Connecticut, you cannot charge a late fee until the 9th day AFTER rent is due.

http://www.cga.ct.gov/2005/pub/Chap830.htm#Sec47a-4.htm
http://www.cga.ct.gov/2005/pub/Chap830.htm#Sec47a-15a.htm

If rent is due on the first, the tenant has until the 10th to pay without late fee.

You, as a landlord, can legally serve the Notice To Quit on the 11th.

You can legally begin the process of eviction due to non-payent on the 11th of the month. If you want to allow the tenant to drag out paying the rent, then that is up to you.


http://www.cga.ct.gov/2005/pub/Title47a.htm