Holdover vs. Nonpayment Eviction : ezLandlordForms

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Dennis H

started a topic over 12 years ago

I have a tenant that has a month-to-month lease that I am going to present with a notice to vacate in 30 days. He is also late with is rent. Should I pursue the holdover eviction process or the nonpayment eviction process? Can I do both? I want him gone as soon as possible, but I would also like the last month's rent (and the partial payment he owes for May). How do I get both?

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Bob R

said over 12 years ago

Thank you Vinson & Caralyn for the feedback. Greatly appreciated. I try not to sugar coat things. This is a business and needs to be treated as such. The question every LL should ask themself is "How many months can I go without collecting rent before I'm in serious trouble?" -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with your State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance.

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Vinson T

said over 12 years ago

Bob - I always read your messages and ones just like it because the way I look at it, we are all here to assist each other in reaching a common goal (prosperous landlord/tenant relationships). It does not always work that way but forums like this help everybody involved to better understand why and what to do when it does go wrong.

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Bob R

said over 12 years ago

I would call to find out why rent hasn’t been paid. Collect either cash or bank check to make sure it won’t bounce. You should be able to serve a Notice to Pay or Move. If you want him out, also serve a 30 day Notice at the same time. This way if he pays the rent, he will still be required to move. ----- Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with your State/Local laws. Also, since State/Local laws vary, you should check with a Real Estate Attorney. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance.

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Karen S

said over 12 years ago

We always give our tenants a late notice first, then if they do not pay proceed with eviction. We always try and collect funds owed before going the evition route.