Notice to Pay or Quit

[Michelle Lyons]

I have tenants who are behind on rent for various reasons. Last Sunday I told them if they'd at least pay $500 that I would promise to not file Disposessory on Monday and they did pay. They are still behind a month and change.

It's become blatantly clear now over the last couple of days that they are not getting out of their hole anytime soon ($1200 water bill they have not paid in 9 months and have been cut off...) and they will make rent the last priority.

I would like to file 3 day notice to pay or quit. I know you can't take money after you make notice, but is there a period of time before giving notice that I must wait. Tenant keeps saying I can't file because they gave me money last Sunday. I didn't think it worked in reverse but thought I'd confirm with experts. I said I wouldn't file this week.

Also the reality is the notice to pay move is to reel them back in because they have gotten out of control on rent and other behavior. I know the costs of securing new tenants... and that one month is not a big deal but I either need to train them or get them out. 

Thanks in advance for your advice and expertise.

Michelle

[Thomas S.]

Landlords that believe bad tenants will some how pay up or otherwise come around are in the wrong business. You do not file in this case to turn them around you file to get rid of them.

Either live with them the way they are, as you have already trained them, or evict. It's your choice but either way living in a landlord dream world believing you will change them is foolhardy.

You should have given notice the first time they were late paying if you wanted to train them,