Start your membership account today...  Access to credit reports, 100's of rental specific forms, agreements, letters, checklists, how-to articles, guides, expert advice and much more!  Even a FREE, 3-day trial!

Not a Member?
Get a Free Trial Membership

  Get FREE Stuff! Run Credit Report Rental Forms  Shop & Buy Forms!  Advertise Your Rental Customer Care

Welcome to Landlord.com's Discussion Forum
Sign up Latest Topics
 
 
 


Reply
  Author   Comment  
eruell

Registered:
Posts: 4
Reply with quote  #1 

Last month when my tenants paid rent, I gave them a letter, that I would be doing repairs to the house, and I would be closing the house. I said I would give them 30 days to move. They have been moving stuff out and appeared to be leaving. This past weekend, I had a conversation with tenant, about another matter, but I asked if they were going to be out by this weekend. He said "no, you have to serve me with a legal eviction notice". Which I will do if I have to. My question is. They have since moved everything out of the house, and haven't stayed there for two days now. If they aren't staying there, can I consider them moved out, and take back the house? How long do I have to wait to go in?

OHlandlord

Registered:
Posts: 3,814
Reply with quote  #2 
2 days is not a long enough time to be able to consider the unit abandoned.  You cannot take back the house, especially since they have paid rent through the month.

First a couple questions, do these tenants have a current lease or are they month to month tenants?  I'm assuming they have no current lease or you couldn't give them notice like this.  When did you give them their 30 day notice, on the 1st?  They are supposed to be out the 31st, right?  Their rent is paid through that date.  Was notice given to them in writing?  If all else is in order, then when they are still in the house on the 1st file for eviction.  Do not accept rent for the next month.  Accepting rent signifies that you accept their offer to stay another month.  File the eviction for holding over.
eruell

Registered:
Posts: 4
Reply with quote  #3 

These people do not have a lease. I gave them a written letter when they paid the rent in September. The letter stated that they had 30 days from that day that they paid rent. That was on Sept. 10th. They have not paid September's electric bill, or rent for October. They also, still owe money for last winters gas bill. Any advice is appreciated. Thanks

OHlandlord

Registered:
Posts: 3,814
Reply with quote  #4 
Was their rent due on the 10th or did they pay the rent late?  You need to look up MI LL-Tenant law and see what it says about notices (specifically see if MI is a day for day state (where notices can be given at any time), or a term state (where notices must be given to coincide with rent due dates).  If your state is a day for day state, you can serve the notice on the 10th, no matter when the rent was due and they would have to be out on the 10th of October.  If MI is a term state and the rent was actually due before the 10th (like on the 1st), it doesn't take effect until the rent is due again.  So a notice given on the 10th of Sept. when the rent was due on the 1st of Sept. doesn't take effect until the 1st of October (and they wouldn't have to vacate until the 31st of Oct.).

When they paid rent on the 10th of September, when was the last paid day - the 9th of October or the 30th of September?

The utilities, are they in your name and they pay you for them, or pay you for a part of the bill?  Are both units on the same meter?  I assume the utility bill was included in the written agreement?  The way to keep utility bills from accumulating is to subtract the bill from the next monies received. Credit the tenant for paying the utility bill (the oldest bill first) then credit the rest towards the current rent.  Then the utility bill is current, but the rent is in arrears.  You can issue a pay or quit for the unpaid rent, or evict on that much easier, and the tenant gets the idea that he needs to stay current on his bills.
Previous Topic | Next Topic
Print
Reply

Quick Navigation:

Easily create a Forum Website with Website Toolbox.

Apartment Finders > > Member Log-in > Free Trial Offer > Free E-newsletter > Customer Service > Get Free Stuff! > Run Credit Report > Rental Forms > Vacancy Center > Do-it-yourself > Evicting Your Tenant > Foreclosure Resources > Landlord Discussion Board > Income Tax Resources > Information Center > Join Landlord.com > Landlord Law > Library > Multi-family > Professional Advice > Rental & Property Mgmt > Rent Collection > Repair & Maintenance > Security Deposit > Software Center > Tenant Screening > Vacation Homes > What's New > Rental Agreements > Free Leases > Inside Our E-store > > Security Deposits > > Landlord Daily News > Rental Agreements >
LandscapingSanJose.net Resources: Cleaner Sunshine coast