Serve the Demand for Possession over nonpayment on the First?

4 Replies

Hello BP,

All my leases state that rent is due on the first, late if I do not have it on the 5th, and I send out the "Demand for Possession NonPayment of Rent" notice via the mail on the 6th giving them 7 days (8 days since I mail it) to pay or get out, then I go to court.

I have a tenant that I inherited and his lease states that the rent is due in advance of the first, and the late fee of $2/day gets tacked on starting on the 6th. This tenant told me that a week ago, his vehicle which he uses as a taxi burned up containing his phone and all his money, and he is no longer able to work and cannot pay rent since he has no money in the bank. The only money he has is in the form of his security deposit- one month's rent, other than that he is waiting on his insurance company to pay for the claim.

His lease ends at the end of August, and we had already agreed to let him out of his lease early without the early termination fee IF we were able to find a tenant able to move in sooner.  He is moving in with his girlfriend and said he is able to move at any time, and can be out of the apartment in 2 days.  

I left him a letter Friday stating that if he cannot pay rent, he should vacate by the 1st and we will deduct the early termination fee from his deposit.  

Is there any reason not to mail out the Demand for Possession on the first assuming rent isn't paid?  We haven't been able to find a tenant yet, and of out prospective tenants the earliest move in date is the end of July, so we wouldn't be collecting rent until then anyways.  There are some updates to the apartment we'd like to do (painting and cleaning mostly) but we aren't going to be able to do a lot until the middle of the month due to other obligations that we have.  My feeling is to get him out of there asap (he has a place to go) and get the utilities out of his name (saving him money), so that we don't end up with a situation where he's thinking his deposit will cover him through July, then he takes a while actually moving out and ends up owing more than his deposit in the long run.  

I am showing the apartment tomorrow, so we'll see if there has been any progress in moving out.  So far I have seen no evidence of him packing up (hard to tell from outside when I am driving by or taking care of the lawn though) and I haven't heard from him.

Thanks,

Kelly

Since you inherited him, did you inherit his lease too, or did he sign a new one with you? If the latter, does it say when notice will be sent out? If so, you'd have to abide by it, even if you knew he was never going to pay.

We inherited the lease too, and has not signed a new one with us (we are required to honor the lease signed by the previous landlord here).

His lease does not state when such a notice would be sent out- actual wording : "RENT.  You will pay the monthly rent in advance by the first day of each month.  YOU WILL PAY A LATE CHARGE OF $2.00 FOR EACH DAY THE RENT I UNPAID BEGINNING THE 5TH DAY OF THE MONTH"

For the record, my lease doesn't indicate when the notice would be sent out either.

You have to follow his Lease.  But I don't understand....his rent is due before the 1st?   There isn't a due date on his lease?  So let's say his rent is due before the first, and July 1st is here and you receive no rent.  Until he actually hands over the keys to you, his rent is due, and therefore that Notice to Quit should be sent.   (It's best to protect yourself just in case.  If he pays his rent, you've just wasted your time and a stamp.  But, if there is one item left in that apartment or house on the first, he owes you rent and therefore you've covered yourself by sending that Notice to Quit)

Nancy Neville

You have to follow his Lease.  But I don't understand....his rent is due before the 1st?   There isn't a due date on his lease?  So let's say his rent is due before the first, and July 1st is here and you receive no rent.  Until he actually hands over the keys to you, his rent is due, and therefore that Notice to Quit should be sent.   (It's best to protect yourself just in case.  If he pays his rent, you've just wasted your time and a stamp.  But, if there is one item left in that apartment or house on the first, he owes you rent and therefore you've covered yourself by sending that Notice to Quit)

I wrote this as you were posting Kelly.  

Nancy Neville