Advice on eviction process after 7 day notice of noncompliance

3 Replies

Hey everyone, I might be going through my first eviction and was wondering if you all could share your experience and wisdom as to how it might go down. I understand that nothing could beat legal counsel, but your personal experiences would be well appreciated.

I have a tenant who moved in another tenant without my knowledge, he also has a cat, which is prohibited on the lease. He also broke my front door and the HOA says it needs to be replaced immediately. I'm out of state, so I sent him a 7 day notice for noncompliance with opportunity to cure to replace the front door and move the new tenant out along with his cat, since then four days have passed. My question is, once the 7 days are up, do most people immediately file for eviction (I would be hiring an attorney) without contacting the tenant again? Do you send a final letter on the 7th day asking what they’re planning on and warn them of the financial repercussions of not answering or curing the issues in the Noncompliance notice (i.e. attornies fees, eviction on record, etc)? How do most of you handle this issue?

Again, after this 7 day grace period and If I have to file for an eviction, I’ll just use an attorney, but I’m kind of lost as to what happens once the 7 days are up in terms of notifying the tenant.

Thank you again for your words of advice.

Your tenant has 7 days to "cure" the issues.  If they don't, the next step is filing for an eviction. 

I don't contact a tenant if they fail to deal with the issues during the time period I give them.  Often if I would it would simply be a matter of them asking for more time to address the problem or I'd have to listen to some sob story.

In my case, I provide a three day notice to "cure or quit" (due to failure to pay rent).  I've had several tenants tell me they'll be moving "soon" or "in the near future".  Sorry bub; it doesn't work that way.   They know when rent is due and when rent is late.  They have three days to vacate the rental property or pay the rent and late fees.  On the fourth day I file for the dispossessory (our version of an eviction) and let the court speak for myself.

You do have a property manager, correct?  Otherwise how would you know if your tenant has "cured" the issues?


Gail

Step one is to insure that you know all your state landlord tenant regulations. The process is usually spelled out in the legislation.

Once the date arrives that you can legally file for eviction you immediately do so. Never waste time contacting tenants at that point until after you have filed for the eviction. Every day wasted is money lost.

Shoot first, ask questions later.

Hey there Gail, thanks for the response.

I do not have a property manager, but I have friends who live in the community that can snap a picture of the door to determine if it's been replaced or not. Plus I'm sure the community HOA would be more than happy to let me know whether or not the door is still broken.

In regards to the illegal tenant, the way that I found out about the illegal tenant was through our HOA receiving complaints about them, and then eventually he admitted in an email that he was going to be there for a couple months. I informed my tenant that they needed to provide me with a drivers license of the new tenant so I can do a background check on them. If everything turns out ok, I told him that I'd just add an addendum to the lease to include the new tenant and them charge him $35 pet rent for the cat. If he doesn't provide me with a driver's license or if he doesn't respond saying that the tenant no longer lives there, I'm going to assume that he's still in the dwelling with his cat, but I'm not too sure how to prove that he's still living there. At this point I'd probably seek legal counsel to determine how to prove that in court and make sure i have all my ducks in a row.

The easiest grounds to evict this guy would be based upon him not replacing the door, so that's what I'm going to focus on. I wouldn't make such a fuss if he wasn't always late with rent, partial payments, avoids paying late fees, doesn't pay utilities on time (the energy bill still has to be in the owners' name), now i'm getting complaints from neighbors, complaints from the HOA about him smoking weed, etc. He's up to speed on rent, but his tenancy is just a headache, there are much easier tenants to rent to especially in the market where i live.

I guess at this point I'll just file for eviction on day 8 and let him know that I mean business.  Thanks again for your responses.

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