1. We show the tenant the quit or pay notice at lease signing. Explaining that if we don’t get all the rent within the time frame stated, we will obtain an eviction to seek relief for rent due and possession.
2. On the rental application, be sure to have a middle initial, birth date, social security number, closest of relatives, preparing yourself with information for the post-judgment proceedings.
3 When the tenant calls regarding the quit or pay notice, and ask if they can pay the rent past the time allotted on the notice, make them commit to a time when all the rent will be received with the late fee.
4. Stress at the move-in that the rent is the number one bill. The rent should be paid before paying the cable, cell phone bills, or eating out at restaurants. We want our money.
When the rent is past due, the landlord/agent must personally serve the tenant a 10-Day
Notice. If there is more than one adult on the lease be sure to add the additional names.
Breaking of Lease:
When the tenant breaks a rule and regulation stated in the rental agreement, the
landlord in North Carolina can proceed to the Summary Ejectment proceedings without serving a notice. The
landlord can serve a demand letter to the tenant stating the infraction and giving them a certain amount of time
to correct the problem. Landlord must have a certain clause in the lease that states that the lease can expire
before the end of tenancy. It is called a forfeiture clause.
End of Tenancy:
When the landlord wants to end a month to month tenancy, a 7-Day Notice is required.
When the landlord wants to end a year or more tenancy a 30-Day Notice must be personally served prior to due date.
AFFIDAVIT OF MILITARY SERVICE
This is a document that is needed when the plaintiff is seeking possession/judgment and the defendant was
served the Complaint and Summons in the Small Claims court and failed to appear. The Affidavit is used to
eliminate the defendant's activity in the military service as a reason for their absence in court.
Don't do any more talking looking for the shortcut-there is no shortcut.
You keep talking to your non-paying tenants and you will get a sore throat and "no rent"
Be sure you request a licensed process server to serve documents instead of the sheriff.
Non-Payment - Landlord may proceed to Dispossessory (Eviction) without having to serve a notice.
Infractions of the Lease -Cure or Quit Notice: Georgia law has no time frame when it comes to breaking of the lease notice. \
End of Tenancy-Month to month 30 day notice. The notice has to served prior to due date.
Dispossessory Proceedings (Eviction):
1) Dispossessory Affidavit/Answer
2) Summons
3) Writ of Possession
Bad Check: If a tenant passes a check to pay rent that has
insufficient funds in the bank account, the landlord can serve a
notice and demand form to the tenant.
Non-payment of rent: The landlord can proceed to the eviction
when the rent is past due and no notice is needed. I would
suggest serving a demand notice for the rent.
Breaking of lease: When the tenant breaks a rule and regulation
set forth in the rental agreement, the landlord can proceed
directly to the dispossessory proceedings.
End of tenancy: When a landlord wants to end the rental
agreement, a 60-Day Notice must be personally served to the
tenant.
Tips for Retrieving Your Rent
1) We show the tenant the quit or pay notice at lease signing.
Explaining that if we don’t get all the rent within the time frame
stated, we will obtain an eviction to seek relief for rent due and
possession.
2) On the rental application, be sure to have a middle initial,
birth date, social security number, closest of relatives, preparing
yourself with information for the post-judgment proceedings.
3) When the tenant calls regarding the quit or pay notice, and
ask if they can pay the rent past the time allotted on the notice,
make them commit to a time when all the rent will be received
with the late fee. Then it’s your decision either to wait or
proceed.
4) Stress at the move-in that the rent is the number one bill. The
rent should be paid before paying the cable, cell phone bills, or
eating out at restaurants. We want our money.
5) Don’t be afraid to say, “If the rent is past due, I want the late
fee”. We stress that when we pay our bills late and pay the fee.
6) Obtain all your security deposit before move-in. The first
money you collect is for the security deposit.
7) Naturally, in a perfect business relationship between landlord
and tenant, the tenant has the first and last month’s rent and all
the security deposit. But we find we are dealing with clients that
live week to week. Try to get as much of this before move-in as
you can. First money you collect is for the security deposit then
when that is paid the next is towards the first month’s rent.
8) Remember that this is business. Don’t take remarks serious.
Business is tough. Respect it. It is not supposed to be warm and
fuzzy.
9) Avoid verbal confrontations, stick to serving the notices,
obtaining court proceedings and post judgments. Why fan the
fire? Let’s face it. Actions speak louder than words!
10) Never rent to family or friends. This is a good way to end a
relationship. And if we have to evict, the once good situation,
becomes very ugly.
Before you
move a new tenant into your rental, you will have a lease signing session. This
is very important because this gives you the chance to read the rules and regulations in the lease to the new tenant. You
should have their undivided attention throughout the session. If they are not
going to pay attention at this important meeting, I don’t know how they are
going to follow the rules once they get the keys.
I suggest
the lease to have a separate addendum which specifies the rules aside from the
state statutes (criminal). These rules could include no pets/pet sitting, no parking
on lawn, artificial Christmas decorations only, no swimming pools/trampolines
to name a few. Good idea is to have the new tenant sign the rules and regulation
document that confirms they are aware of the rules. We try and stress that we
will not tolerate breaking the rules in our rental property.
You will
serve the breaking of the lease notice
to the tenant when he/she violates one of the rules and regulations stated in
your lease.
A copy is made before
serving the notice and you will keep the original which will be notarized
confirming your signature and date of service. I always suggest personal
service and have the notice in an envelope.
The tenant
has the time set forth in your state statute to cure or correct the infractions.
If the tenant fails to cure within the time frame, you will head straight to
the courthouse to file an eviction court case.
When filing
the eviction, you will be seeking
possession only. This is totally different from when you serve the quit or
pay notice for the rent due and/or possession. Too many landlords have the
notion that all the eviction notices are connected to obtaining a money
judgment.
Any money owed will have to be sought
in a separate lawsuit in Small Claims court if the tenant is evicted because of
the infractions.
EXAMPLES
Alabama: 14 days to cure
Illinois: 10 days to cure
Indiana: Reasonable time to cure
Kentucky: 14 days if stated in lease, 30 days
if not stated to cure
Maryland: 30 days non-curable
Michigan: Damage to property creating health
hazard 7 days, lease violation 30 days
Nevada: 5 days before filing eviction, tenant
has 3 days after service to comply-redeem tenancy
New Mexico: 7 days to cure but 3 days for
unauthorized occupant
Tennessee: 14 days to cure and termination of
lease on 30th day after service if not cured
The tenant still has to pay the rent even
after being served the breaking of lease
notice. If they fail to pay the rent, you will serve the quit or pay notice for
the rent due.
The quit or pay noticewill
supersede the breaking of lease notice.
If the tenant is breaking the rules and not paying the rent, you have no other
choice but to file an Eviction case. It isn’t going to get any better just
worse.
My suggestion is to serve all your notices personally with the notice in a sealed envelope. I would avoid any form of talking because you will let your notices do all the talking. Gary and I show the new tenant the quit or pay notice at the lease signing. We tell them the date that the quit or pay notice will be served. Explaining that we could file an Eviction when the rent is late but have chosen to serve a notice.
We don't get our rent on time
You break the rules
You get served
Simple! Notices
A) Non-Payment of Rent: Missouri is one of the few states in which the landlord can proceed to the Forcible Entry when rent is past due without legally having to serve a notice. The main objective of the landlord is to collect the rent so I would serve a 3-day notice. Just a heads up that you are filing for Eviction if you don't receive the rent. The tenants live week to week, and I feel it is a good business move to give them a grace period.
B) Infractions of Lease: A 10 Day Notice of Termination of Tenancy is personally served on the tenant, notifying them that they have 10 days to cure the problem. In your rental lease you will have rules and regulations. When the tenants break one of the rules and regulations this notice will be served. If conduct of a similar nature is repeated within 12 months, they are subject to termination without an opportunity to cure
C) End of Tenancy: To end a month-to-month tenancy, landlord must serve the tenant a 30-day notice prior to due date. You will have to serve this notice prior to due date. If you want to end the tenancy on August 1 then you will serve the notice prior to July 1st.
Request for Appointment
of Special Process Server
Be sure you request a licensed process server to serve the documents instead of the sheriff. The
All notices should be notarized the day of service and signature of person serving.
If the tenant fails to pay the rent, correct the infraction or move out, you must file an Eviction. Don't do any more talking looking for the shortcut-there is no shortcut. You keep talking to your non-paying tenants and you will get a sore throat and "no rent" clerk can appoint a person other than the sheriff and will need the Request for Appointment of Special Process Server form to be filled out to sign and appoint. We feel that a licensed process server has a higher success rate of getting the defendant served.
Tips
for Retrieving Your Rent
1. We show
the tenant the quit or pay notice at lease signing. Explaining that if we don’t
get all the rent within the time frame stated, we will obtain an eviction to
seek relief for rent due and possession.
2. On the
rental application, be sure to have a middle initial, birth date, social
security number, closest of relatives, preparing yourself with information for
the post-judgment proceedings.
3 When the tenant
calls regarding the quit or pay notice and ask if they can pay the rent past
the time allotted on the notice, make them commit to a time when all the rent
will be received with the late fee.
4.
Stress at the move-in that the rent is the number one bill. The rent should be paid
before paying the cable, cell phone bills, or eating out at restaurants. We
want our money.
NOW ON AMAZON
Written by a landlord for the landlords in a language they can understand. Cynthia has been a landlord for over 30 years with hundreds of tenants. Representing herself in court since1996 in the Eviction, Small Claims and Post-Judgment Proceedings. Cynthia has been in front of the Judge hundreds of times and her success in the courtroom are the reasons for the Collect Back Rent Training Course for Landlords. Collecting over $300,000 in judgments and mentored over 4,000 landlords in all 50 states.
The manual consists of the Notices, Eviction Process for all 50 states, filing the Complaint and Summons to the trial. When the tenant moves out owing rent and/or damages, the landlord will file a Small Claims case. Cynthia starts out with ways to find the former tenants and sending out the Demand Notice., It also details the Small Claims procedure for all 50 states, filing and serving the court documents and preparing for the court hearing. Forms, procedures and courtroom scenarios will make your court date successful!
In Pennsylvania, a law called the Landlord/Tenant Act tells landlords what they must do to evict a tenant. The landlord has to follow this law no matter the reason for the eviction.
My suggestion is to serve all your notices personally with the notice in a sealed envelope. I would avoid any form of talking because you will let your notices do all the talking. Gary and I show the new tenant the quit or pay notice at the lease signing. We tell them the date that the quit or pay notice will be served. Explaining that we could file an Eviction when the rent is late but have chosen to serve a notice.
We don't get our rent on time
You break the rules
You get served
Simple!
Notices
A) Non-Payment of Rent: When the rent is late the landlord will serve a 10-day notice.
B) Infractions of Lease: If the tenancy is under a year a 15-day notice is served. The notice must state the infraction of the rental agreement. When the tenancy is over a year, a 30-day notice served
C) End of Tenancy: To end a month-to-month tenancy, landlord must serve the tenant a 30-day notice prior to due date. You will have to serve this notice prior to due date. If you want to end the tenancy on August 1 then you will serve the notice prior to July 1st.
After the notice period is over, the landlord must go to the Magisterial District Judge and file a Landlord/Tenant Complaint. The Magisterial District Judge's office will schedule a hearing in 7 to 15 days from the date the complaint is filed. The landlord can ask for possession of the property, money for unpaid rent and damages to the property at the hearing.
When a judgment is awarded in the Eviction or Small Claims Court, the Plaintiff will file a Notice of Filing Judgment and Certification of Judgment form. The judgment in Pennsylvania is good for 5 years. When the Plaintiff wants to revive it for another 5 years, a Writ of Revival of Judgment and Writ of Revival has to be filed.
