STEPS TO TAKE
WHEN THE TENANT IS BREAKING THE LEASE
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 notice will 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.
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