Tenant Rent Non-Payment/Eviction/Holdover Rent

[izerdiver]

I have had a tenant for the last year who has paid her rent late almost every month. Her lease expired on 6/30/08. On May 15, 2008 i delivered a notice of non-renewal to her that stated she had to vacate by 6/30 or could be subject to various actions including holdover (double) rent.

She has not vacated (although says she is leaving "any day"). Additionally, she has not paid June rent.

I began the process with the 3 day, etc. for June rent in June and then filed the 5 day summons. Also, on July 3, i sent her a bill with the outstanding June rent, court fees and double rent for the month of july.

She responded in writing to the court (but did not deposit the past due rent) about some medical condition and that i said she could do a month by month.

Last week while i was out of town, i received a Default Order. I think the next steps is to get the Writ of Possession and then give her the 24 hour notice with a sheriff and she will be evicted.

However, i am more concerned with the past monies that are owed! Do i also need to go to Small Claims court to get another judgement for this or can i use this current default judgement to garnish wages, attach property, etc.? Also, do i need to do anything to make sure i am entitled to the double rent for the month of July?

Thanks for your help -

If she is still there as of today, you are entitled to July rent. Whether you need to go to small claims or not depends on your state's eviction procedures. Some states use a 2 part procedure. The first part completes the eviction and the set out. The second part is the hearing for monies owed and the judgment. If your state uses a 2 part eviction procedure, there shoukld be a place on there for "Rent owed" or "Other monies owed". Put in the amount due as of the date filed and add a phrase "and any other rents and penalties that may accrue until vacated."

If your state does not use a 2 part hearing, you will need to file in small claims after the eviction. In that case, ask for all rents up to the date of vacating, any late fees listed in the lease, court costs, attorney fees, damages, etc. and show that you have credited the deposit to the total owed. Make sure you send a statement to the tenant which shows the same (deposit used for the above costs.)

[murph]

If a landlord accepts rent from a tenant even though it isnt enough. Can the landlord still evict the tenant?

[sandyclaus]

Originally Posted by murph If a landlord accepts rent from a tenant even though it isnt enough. Can the landlord still evict the tenant?

That depends on whether a notice (pay or quit) had been issued prior to the acceptance of that partial rent. The balance of unpaid rent is still past due, but by accepting any rent after a notice to pay or quit is issued, this usually invalidates the notice for the remainder of the rental period (month).

This is why when there is a question of unpaid rent the LL usually can't or won't accept even a partial payment. They want to move thru the eviction process without any delay to get back possession of their rental unit as soon as legally possible.

Also: In a few states, a LL cannot serve a Pay or Quit notice on a tenant after a partial payment is accepted. But you would have to check with your state laws to see if you are in one of these states. Some states DO allow a LL to serve the Pay or Quit and follow through on eviction even though they have accepted a partial payment.