Last Month's Rent - Eviction

6 Replies

I have difficult tenants who are on a 1-year lease.  Month three (this month-June) they let me know they were unable to afford the house and wanted out of the lease.  Since they have been such a headache, I am in favor of this.  A local attorney suggested giving them a 14 Day Quit notice, to let them out of their lease, and pro-rate the month of June. 

The predicament I am in now is: it is June 10th and they still haven't paid the prorated rent. As usual, their rent was due on the 1st and late fees applied on the 5th.

Can I serve them a 3-day pay or quit notice today or do I have to wait until the 14 days are up (on the 22) and evict them if they are still there?  My fear is I will end up eating this month's rent.

Well, don't fear that too much. You'll keep their security deposit. 

If you serve a pay or quit....won't they just "quit"? They'll move out and be gone. You'd have to file (also?) for a money judgement perhaps.

But I'd say just be ready to keep all of their security deposit and get it back on the market asap. Don't fear missing out on some pro-rated rent.

Well, you gave them 14 days - what did you expect?  Almost guaranteed they will use every one of those days, and maybe even then some ...

As soon as they did not pay rent for June, would have been the time to serve the 3-day Notice to Pay or Quit. Do it now.

Are they still communicating with you? What is the move-out plan? Do they have a place to go? Are they actively packing? Do they have a truck? Do they have friends to help them move? 

Don't sit by complacently and just wait. Put this on project status. Your goal should be to get them out as soon as possible with the least amount of damage to your property. Getting rent for June is secondary at this point. Bring over a large trash can with thick mil garbage bags. Bring boxes. Be involved to make sure they are moving in the right direction - out. Be polite, swift, firm, and fair. Let them know your goal is to help them make the transition as smooth as possible. Find out what it would take to get them to leave now and work with them to make it happen. Good luck.

Originally posted by @Jessica Haggerty :

I have difficult tenants who are on a 1-year lease.  Month three (this month-June) they let me know they were unable to afford the house and wanted out of the lease.  Since they have been such a headache, I am in favor of this.  A local attorney suggested giving them a 14 Day Quit notice, to let them out of their lease, and pro-rate the month of June. 

The predicament I am in now is: it is June 10th and they still haven't paid the prorated rent. As usual, their rent was due on the 1st and late fees applied on the 5th.

Can I serve them a 3-day pay or quit notice today or do I have to wait until the 14 days are up (on the 22) and evict them if they are still there?  My fear is I will end up eating this month's rent.

 This is why you should ALWAYS have reserves....for the unexpected huge repair OR an example of what you just provided. A few days ago I just went through my own problem tenant Eviction which involved her doing everything to avoid being served, INCLUDING playing DEAD! Lol I can laugh now BUT it was an extremely frustrating time. These are the bad sides to land lording HOWEVER you must keep your eye on the PRIZE as it is well worth it. In the future, make sure you have money in reserves for these situations. Good luck!!! :)

@Jessica Haggerty

Where did your attorney come up with a 14-day pay or quit ?  No such standard in Texas

The proper term is 3 Day Notice to Vacate and I would serve them today !  .  No you do not have to wait.  No special form needed as it can be handwritten

Proper service is :

In Person

Tape to the inside of the door

Certified and Regular mail

The 3-day pay or vacate notice is what should be used every time in the event of non-payment. Serve it promptly, and then if they don't pay, you already have the paperwork going for the eviction.

Problem tenants, and tenants who can't afford the rent can usually be avoided with a good screening process.

Just move on. Get the place rent ready and re-rented to better tenants.

Good luck!

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