Eviction Advice Needed !
I am dealing with my first eviction, the tenant has not paid his rent. i understand that i need to deliver a 5 day pay or quit notice. can i deliver this myself or do i need the authorities to handle it ? where can i purchase the notice ? what happens after the 5 days if he doesn't pay or leave ?
any information you could give would be greatly appreciated.
thanks.
Your local landlord tenant law prescribes specific procedures for an eviction. Don't do it yourself until you know what you are doing.
Let your attorney guide you through the process and represent you in court if it goes that far.
Eviction procedures vary from state to state. You should hire an attorney that specializes in evictions. It will cost you more to do it yourself, because chances are you will not do it correctly and the tenants will get to stay longer. Eviction attornies in FL cost about $450.
Before hiring an attorney ... you could look for "landlord tenant statues nevada". If FL there are severla counties, lawyers, etc that have websites that detail the first couple of steps. So that way you do not need to hire an attorney until you are sure that you need to evict. Most tenants will pay after being given the notice.
Brenda
thanks for the info. guys, by the way i posted the 5 day notice and i finally got the rent. he was 10 days late.
At least now he knows you mean business if you put the notice on his door.
I'd still take the time to read up on the laws in case the tenant is doing the same and wants to pull some schenanigan later.
You did the right thing according to the law in Nevada Quote:NRS 118A.430 Failure of tenant to comply with rental agreement or perform basic obligations: Termination of rental agreement.
1. Except as otherwise provided in this chapter, if the tenant fails to comply with the rental agreement or fails to perform his basic obligations under this chapter, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate as provided in this section. If the breach is remediable and the tenant does not adequately remedy the breach or use his best efforts to remedy the breach within 5 days after receipt of the notice, or if the breach cannot be remedied, the landlord may terminate the rental agreement.
How are you receiving rents from him? The next month I'd have the notice ready and on his door the day after the rent is due. And let him know that if he keeps this up, he'll be evicted on the first breach that is allowable. You should also charge a fee for late payment. This appears to be allowed under this statute: Quote:NRS 118A.420 Failure of tenant to comply with rental agreement or perform basic obligations: Damages; injunctive relief. Except as otherwise provided in this chapter, the landlord may recover damages and obtain injunctive relief for failure of the tenant to comply with the rental agreement or perform his basic obligations under this chapter.
[addsig]
5-DAY NOTICE TO QUIT
TO: Tenant in Possession.
______________________ ( enter name of tenant )
TAKE NOTICE, that you are hereby required to quit, and deliver up to the undersigned the possession of the premises now held and occupied by you, being the premises known as:
__________________________________________
at the expiration of 5 days commencing on _____(enter date)_____and ending on ____(enter termination date)_________.
This Notice to Quit specifically terminates any oral/written agreement you may have with respect to the said premises at the date specified above.
THIS IS INTENDED as a 5-day notice to quit, for the purpose of terminating your tenancy aforesaid.
Signed this date: _______________________
__________________________________________
LANDLORD
This verbage has been of great service to me and I send this document by 1st class mail, certified and I post this on the front door of the subject property.
I is vary wise as has been posted to check your state laws and consult with an attorney to insure you are in compliance with the rules and regulations of your state.
[addsig]
It is a good idea to let the attorney do the first eviction. I got 2 tenants out myself; but the 3rd one tried all sorts of ways to delay the process and I needed the attorney after all.
Where can I find the same type of information for the state of PA?
Any help is greatly appreciated
Styler :-?
www.google.com
search criteria: landlord tenant statues nevada eviction
Thanks for all the great responses guys.
I am currently researching the whole eviction process, i have found a lot of stuff on the internet but will go to my local law library to learn the proper procedures.
i have a feeling that he will be late again on this months rent as he has done this for the last 3 months.
His lease expires at the end of february and i will not be renewing it. Should i tell him after (or if) i get February's rent that he has to leave ? Or do i need to give a full 30 days notice.
thanks.
Dear Desertrat,
You need to give him the proper notice according to your state's requirements. That's usually 30 days.
Do it by the book, because deadbeats can sometimes really be knowledgable about the system.
Cordially,
Alice
My tenant was late twice, now I have him give me 6 months of checks dated in advance. Now no more problems...
Savvyyoungster,
Thanks for the link, i added it to my favorites !!
ddstew,
That's an interesting method, what would you do if any of the checks bounce. His check bounced last month, so now i only accept money order or cash.
Have not had a bounced check from this tenant. He has been late twice, charged $50 first time and $75 second. The lease allows for 10% of rent amount. My Dad had a military officer bounce one and went to money orders only after that.
Savvyyoungster,
Would you happen to know how I could get the link for the law in NY. I would greatly appreciate it. Everyone here is so helpful.
Thanks