60 Notice to Vacate : ezLandlordForms

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Joaquin L

started a topic almost 8 years ago

I sent a "60 Notice to Vacate Form" to a tenant last Wednesday certified mail.. She received it on Thursday last week.. I still havent heard from this tenant. What is the next step I should take? This tenants rent was due on the 9th of November.. She refuses to pay me the rent because of the 60 day notice. The tenant said, "That I can pick the rent up at court." Thanks in advance, Joaquin Lopez

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Jennifer S

said almost 8 years ago

First, is there any reason that this 60 day notice may not be legal? Are you breaking a lease early or is their lease just up. Assuming that there is a legitimate reason to ask the tenant to vacate the property I would recommend - from recent experience - to go to the court tomorrow and start the eviction process immediately. It might cost you between $25 and $40 depending on your county but you need to do it immediately. That is not a legal reason for her to with hold rent from you. The longer you wait the less likely you will be able to collect the money. If you wait until she is out you will have to sue her for the money which you most likely will never see and will probably cost you more than what you would collect. But - if you file an eviction then she has to pay you or she will be forced to leave - possibly sooner than the 60 days is up. Don't wait on this. I filed an eviction case in early October. We had our hearing on November 1st and she was supposed to be out of the house on November 8th. She wasn't and I had to petition the sheriff's office to forcibly remove her from the property - that is scheduled to happen on November 29th. So don't hesitate because every day counts and you are already getting close to the 60 day mark. At least with the eviction you may collect some of the rent she owes you. And if not, then her rental history will have a permanent mark on it which will make it difficult for her to rent elsewhere.

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Joaquin L

said almost 8 years ago

The tenant is on a Month to Month Tenancy Rental Agreement. The tenant has been renting my house for about 6 years. The tenant that is renting had her daughter and husband living with her for the first 4 years. Then the daughter had a baby and moved out of the house. Then I found out that she was renting one of the rooms to 2 other people. The tenant also has an extra refrigerator in the kitchen. The tenant said that she can have anyone stay in their home because she pays the rent on time. In January she painted the bedrooms and living rooms without my permission. When I went to collect the rent in February , She gave me $1,300 instead of $1,500. She charged me $200 towards paint and labor. I asked her to never do any alterations to the house unless I give her permission to. I pay the electric and water bill at this property. I'm used to paying electric between $110 and $130. While I was going over the monthly bills, I noticed that the electric bill was $180 for the month of July & $280 for the month of August. So I went to collect the rent at her house and noticed that they had 3 window mounted A/C units connected to my property. The tenant never asked permission to install the A/C units. I confronted the tenant about this issue with the electric bill being so high. She said that it get really hot in summer. I asked the tenant to remove the A/C units. The tenant said she would, but never did remove them. So that is why I gave them the 60 Day Notice to Vacate form.

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Matthew M

said almost 8 years ago

Hi, You need to check local ordinances first. Here in WI, you need to issue a “5 day notice to remit or vacate” before any eviction process can begin as a result of non-rent payment. If it’s a verbal month to month (MtM), then you have very little rights as to what the tenant can do inside the apt as long as it’s legal. But if she’s running up the utility bill, MtM would allow you to adjust the rent to compensate for the extra drain. There’s nothing she could do but pay or exit at the end of the month. If it’s a written MtM, then you would need to add a clause covering the issue of sub-letting for the next month.