Dear BP community - I need some guidance on how to properly issue a lease termination notice for multiple/repeated lease and HOA violations - BUT, the rent is paid and HOA has not imposed any fines YET.
Tenant has managed to pay rent every month (always right before late fee deadline and with late fee twice), however - he keeps breaking other rules every 2nd month (some minor, some major - pets/noise/parking etc), which HOA keeps objecting and sending notices. I have already issued cure-or-quit notices before. Tenant either denies or sometimes complies.
This time, the HOA's letter and threat to start issuing daily fines sounds severe enough. So, I am thinking of taking action before it escalates.
This is in GA and lease term has another 9 months to go! I was thinking of serving an unconditional notice to vacate with HOA letters & prior violations attached - but, since Aug rent is paid, allow till Sept end to move out, provided he pays Sept rent and vacates on time, in move-in condition? Is there anything else that is needed to be done to be able to terminate lease early in such situation?
If he doesnt pay Sept rent, I file eviction in early Sept for non-payment. If he does not vacate on Sept 30, I refuse to accept Oct rent and file for eviction. Will this work - or am i missing something here?
What would you recommend?
You will definitely want to consult a local attorney that specializes in landlord/tenant law for the details. In general, it is worth it to get a bad tenant out. In my experience, if things don't improve after the cure or quit notices, things usually don't get any better. It would be worth the $100-200 for a half hour/hour of an attorney's time to ensure you are following the laws and create a plan going forward.