served a 3 day demand for possesion caught tenants with violations : ezLandlordForms

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Theresa L

started a topic over 12 years ago

i served a demand for possesion today. When i took the papers to the rental there were 3 dogs in the backyard, they did not give me a pet deposit and had no pets when they signed the lease, they were behind 1,000.00 and 475.00 was due today so i demanded payment of 1475.00 in my paperwork. (They pay 475.00 biweekly) Friday i will be going to the courthouse to start the eviction process..what do i do about these animals? do i need to charge my pet deposit or do i just forget the pet deposit and if there are any damages do i just take that from my security deposit to clean carpets and de-flea and cover the cost of damages if any? my tenant has also claimed that he can make payment in full on the 15th if he does make payment does he do that at the courthouse and still have to move out,,, i want to get paid but i also want him gone they are not very good tenants

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Bob R

said over 12 years ago

Forget about the pets for now. Deal with that when they are out. He's probably stalling you about payment. Consider serving them a Notice to Perform or Quit (remove the dogs) ASAP and if they are on a month-to month you may be able to also include a Notice to Move. If he does pay you and remove the dogs and you decide to keep him, lets talk again. ----------Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with this 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 offered are helpful. Feel free to comment anytime. Thanks in Advance.

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Theresa L

said over 12 years ago

the tenants 1 year lease agreement isnt up till august 6th i gave him a 3 day demand for possession on friday i am going to file a dispossessory warrant in which they will have 7 days to respond to the courthouse. If they make a payment to pay in full do they pay that to the courthouse and they have to continue to move out or do we not except any money at all at any time? on the 8th day i am to go back to the courthouse and fill out a writ for possession, so i guess my question is how does all this work and can it be settled before it gets to having to go to court

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Bob R

said over 12 years ago

Theresa, you have 2 issues. One for non-payment of rent and the other that has to do with non-compliance of the Terms of the Agreement. Therefore, you need to serve them with 2 Notices. I believe the payment will be made to you. If you don’t receive payment, you move to the next step. Since they’re on a lease, they don’t have to move out until it expires. This is why I don’t like leases after the 1st year. If they were on a month-to-month, you could have included a Notice to Move. Making payment may be easier for them than to removing the dogs. You may have a better chance of evicting them on violating lease terms and conditions. I’m not familiar with your States laws. Maybe someone that has experience can shed some light to your question.----------- Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with this 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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Theresa L

said over 12 years ago

the tenants 1 year lease agreement isnt up till august 6th i gave him a 3 day demand for possession on friday i am going to file a dispossessory warrant in which they will have 7 days to respond to the courthouse. If they make a payment to pay in full do they pay that to the courthouse and they have to continue to move out or do we not except any money at all at any time? on the 8th day i am to go back to the courthouse and fill out a writ for possession, so i guess my question is how does all this work and can it be settled before it gets to having to go to court