3 day or Pay for Month to Month Tenants

13 Replies

I have 2 month to month tenants that are two months behind on the rent in Michigan.  Does it really do me any good to give them a 3 day to pay or quit notice?  Or should I just give them the 30 days notice required for month to month?  Can you really get them to move in 3 days or is it easier to give them the 30 days.  

If you want your money, you should start the 3-day version, which I assume is the beginning of the eviction process. This way they pay or they move out. If you just give your 30day notice to vacate, you're not legally demanding the late rent because that is not part of the eviction due to no rent process. Get the process started asap.

How did they get 2 months behind without you serving notice.

Depending on your state regulations giving 30 days notice at this point in time is going to cost you another month in lost rent.

Updated 9 months ago

You should be filing to collect rent owed as well as terminating

What if you give them 30 days notice to move and they dont move... Then you have to start with the 3 day notice to pay or quit.  So go the 3 day notice right now.  do it today. 

Did you serve them with the proper notice to pay rent or quit the first time they didn't pay rent when due? Now they are two months behind? The longer you put this off, the harder it will be for them to catch up on rent.

Many tenancies can be saved. If non-payment of rent is the issue, address it head-on. If there are other reasons you want the tenants to vacate, address those too. Remember that this is the tenant's home and they will not react well if they feel threatened. So be careful in your approach. Be calm, polite, respectful, fair, firm and professional.

Start with the correct notice for this type of situation. If the property is in Michigan it's a 7-day Notice "Demand for Possession - Nonpayment of Rent" I believe. Serve it properly as per the landlord-tenant laws for your jurisdiction. If they pay, let them stay. If they don't, you will need to proceed with eviction through a court of law. In most jurisdictions, judgement in favor of the landlord is much more swift for non-payment of rent than for other reasons.

How long have you been a landlord and what have you done so far to learn the skills of residential property management? You can be a real estate investor and choose to manage properties yourself or hire out the task to a property management company. In either case, it's important to understand and abide by landlord-tenant law and other laws for your jurisdiction that pertain to your properties. Good luck!

Hi @Nicole S. ,

I highly recommend familiarizing yourself with Michigan's Tenant/Landlord laws. There is no such thing as a 3 day notice in Michigan. There is only 24 hour notice, 7 day, and 30 day, depending on which element of the lease the tenant is breaking. For nonpayment of rent, a 7 day notice is required. A 3 day notice will not hold up in court, they will make you go back and serve a 7 day notice, and the cycle will start again.

If you do not follow these laws exactly as written, it will draw out the legal process and cost you a lot more money.

Here is a PDF of the most recent rules in Michigan. Page 13 is where the proper steps are outlined for the eviction process. Best of luck!

STOP do NOT PASS GO

Until,, you have downloaded your state landlord tenant laws.

Learn what your lease states, Join a landlord association in your area.

Rental is a business. Your letting your tenants run the business. Take control give them proper notices to pay / quit and then file if they don't completely pay the balance due in money order or cashiers check.

Good luck

Thank you all for the advice.   

There is no lease, only a month to month agreement with the previous landlord.  When I took possession of the property a few months back, I intended to continue the month to month agreements with the inherited tenants until I was ready to give them the 30 day notice to vacate inorder to remodel.  

Since they are on a month to month agreement, I can give them 30 days notice to leave when I choose.  I was wondering if it's worth going through the process of a 7 day pay or vacate notice.   Will that cause more trouble than just trying to extract whatever rent I can  and  then give the 30 day notice to vacate?

I did deliver late rent notices requesting payment immediately to both tenants at the beginning of each month. Both tenants have made partial payments and are drowning in late fees. I have tried working with them over the last few months and they have gotten close to catching up, but now are two months behind (October and November) .  I'm tired of chasing the rent and one of them stopped returning my calls/texts.  

Just as others have said. Yes the 7 day notice is worth it. Just because you tell them they have 30 days doesn’t mean they will actually move. You told them to pay rent and they are not doing that. So what makes you think they will listen to a 30 day notice. Hopefully they will pay you and move out but you are more than likely going to need the help of a court to get them out. Our rent is due on the first if we don’t get it the 7 day notice is mailed. It shows them we are not the type to play around.

Don't bother calling/texting them, Nicole. Let the legal process do the talking for you. Yes, it is worth it to do the eviction. As Lawrence said, if they don't pay rent, what makes you think they'd actually move out at the end of your 30 day notice? You need to start the actual eviction process so that you have a way to physically remove them if they don't pay.

Also, no more verbal leases. Everything in writing. You need to learn your county/state's rental laws immediately. Hire an attorney if needed to provide you a well-written lease. Or hire a PM to manage for you. This is only the beginning for you. It'll wear you down, so you need to get tough and knowledgeable on laws or you need to find a great PM to handle those headaches for you.

So there is no written lease? Even if its M2M, there should be something in writing. .... pleased dont tell me this was some verbal M2M agreement with the previous landlord.....

I never understand why people buy a property with a tenant and don't have everything locked down with that tenant BEFORE they close on the property..

Serve the 7 days notice and start all over.....

Also, did the previous owner give you the security deposits of these tenants at the closing table?

You have no guarantee they will vacate even if you give them another notice to vacate.. and that notice requires proper timing, given prior to the first of the month.. SO it's Nov 2nd and you missed proper notice for this 30 day period. 

Written or verbal a  month to month agreement still has a notice period required. 

Stick with your state statues, give the pay or quit,, follow up with filing for eviction. You need to follow procedure. If you don't know how to file for eviction action at your local housing court then get a attorney that handles your area.

I'd be happy to help.  Feel free to private message me.

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