3 day notice : ezLandlordForms

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Mike R

started a topic about 15 years ago

i served my tenants a 3 day pay or vacate notice last week. Their rent was due this past friday, but rent was not deposited into my bank account. I received a message from the tenant saying partial payment was deposited in the banks overnight deposit box on friday. Can I choose not to accept partial payment so that i can start the eviction process or should i serve a new 3 day notice? I really want to get these people out. thanks,

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Denise S

said about 15 years ago

First, any rent that was past due at the time that the three day notice was posted can be accepted by the landlord and not constitute a waiver of the three day notice. Here is an example. If the tenant did not pay May or June's rent, and the landlord posts the three day notice on July 10, then the landlord can accept rental payments for May and June even after posting the three day notice to vacate and still maintain the eviction action. But where things get sticky is when the landlord posts the three day notice on June 28 because the landlord found the tenant keeping a dog at the apartment (when there is a not pets clause in the lease) and then accepts July's rent after posting the three day notice. The acceptance of future rent after posting a three day notice will waive the three day notice. Since the three day notice to vacate is what gives the court jurisdiction to hear the case in the first place, the court will have to dismiss the eviction if the tenant raises the point.

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Denise S

said over 14 years ago

After proper notice is given, you may then go to your local courthouse; either district or county and file for eviction. There is usually a nominal fee and paperwork involved.

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Ralph F

said almost 14 years ago

The answer to your first question is that you can file for eviction after the 3 day notice IF the lease violation is non-payment of rent or a fixable violation. As for giving notice to enter, you post it on the door.

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Victoria W

said almost 14 years ago

1.By posting it on the door, can it be in an envelope posted or is it supposed to be flat open so all can read it? 2.Do I need to take a picture to show it was posted? 3.Do I also need to send it certified/return receipt?

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Angelia O

said almost 14 years ago

Hello, I would like to know, if I could terminate a month-to-month lease without a cause in the District of Columbia?

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Erica S

said about 13 years ago

http://www.ezlandlordforms.com/documents/4186/florida_3_day_notice_to_pay_rent_or_vacate_/

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Kyle O

said almost 13 years ago

That sounds like you'd need local law enforcement's aid after a court junction gives you the go-ahead.

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Bob R

said almost 13 years ago

Who ever said life was fair? What you’re going thru is pretty much what most landlords go thru from time to time. You really need to rethink your situation and decide if being a landlord is in your best interest. If you decide to continue, acquaint yourself with State & Local laws. 3-Days’ verbal notices are worthless. “Assuming” should not be part of your vocabulary. Checking with tenant about the move on a regular basis may have avoided your situation. Replace ASSUME with COMMUNICATIONS. It’s time to file those papers. Good Luck

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J D

said over 7 years ago

3 days from the day the tenant received the notice. Once the three days are up, then you serve the eviction notice.