How do I evict a tenant for non-payment of rent?
I have a tenant who is 15 days past due on rent. They’ve led me to believe they’d have the rent in full by today. Instead, they just notified me they’re going to move out as they can’t continue to pay rent. How long do they have to move out? Should I post an eviction notice to pay or quit, as well as a lease termination letter?
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Analysis of Your Situation
You’re dealing with a tenant in default under your lease. Based on what you’ve shared, you’re considering:
- Posting an eviction notice
- Issuing a lease termination letter
- Responding to the tenant's informal notice to vacate
Here’s what to consider:
1. Eviction for Non-Payment
Initial Steps:
- Serve a formal "Pay or Quit" notice
- Notice period depends on your jurisdiction (typically 3–7 days)
- Serve via legal methods (in person, posted, or certified mail)
Notice Must Include:
- Amount owed
- Deadline for payment
- Consequence if unpaid
- Payment method details
Why Serve an Eviction Notice:
- Establishes a legal record
- Preserves your right to formal eviction
- Can encourage quicker move-out
2. Lease Termination Letter
Separate from an eviction notice, this acknowledges the tenant’s stated intent to leave.
Should Include:
- Reference to the tenant’s text
- Requested move-out date
- Move-out procedure
- Security deposit process
- Statement on unpaid rent
- Key return deadline
3. Dealing with Informal Notice
Their text doesn’t provide a specific date.
Recommended Actions:
- Respond in writing
- Ask for a specific move-out date
- Explain rent accrues until surrender
- Clarify expectations for move-out
Strategic Tips
Use a Dual-Track Approach:
- Serve both a Pay or Quit notice and a lease termination letter
- Gives you legal protection and covers voluntary departure
Consider Financial Realities:
- Lease lets you demand full-term rent
- But recovery may be difficult if tenant is broke
- Try to re-rent quickly to mitigate losses
Property Turnover:
- Schedule inspection
- Line up vendors
- Prep to relist at market rate
Action Plan
Within 24 Hours:
- Save the tenant’s text
- Document all verbal communications
- Review full lease
Within 48 Hours:
- Serve Pay or Quit notice
- Serve termination letter
- Use certified mail or legal service
In 3–5 Days:
- Confirm they received notices
- Get move-out details in writing
Within 7 Days:
- Schedule walkthrough
- Assess repairs needed
If They Don’t Move Out:
- Prepare to file for eviction
- Collect all records
- Consider local attorney
Legal Reminders
Security Deposit:
- Document unit condition
- Provide itemized deductions
- Return deposit per local law
Owed Rent:
- Apply deposit if allowed
- Consider small claims court or collections
Risk Management:
- Don’t change locks early
- Avoid accepting partial payments without terms
- Stay professional and document everything
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Full Conversation
I have a tenant who is 15 days past due on rent. They’ve led me to believe they’d have the rent in full by today. Instead, they just notified me they’re going to move out as they can’t continue to pay rent. How long do they have to move out? Should I post an eviction notice to pay or quit, as well as a lease termination letter?
Lexi, Chatbot
I understand the situation can be frustrating. Have you reviewed the terms of the lease agreement regarding notice periods for moving out?
Yes, my lease states: "Default: Should the lessee fail to pay rent or other charges promptly; or should bankruptcy proceedings commence by or against lessee; or should lessee make an assignment for benefit of creditors; then, in any of the said events, lessee shall be in default and lessor may demand rent for the whole unexpired term of the lease, or proceed one or more times for past due installments without prejudicing lessor's rights to proceed later for the rent for the unexpired term."
Lexi, Chatbot
Do you have a written record of the tenant's communication about moving out and their inability to continue paying rent?
They texted it to me.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you?
That’s it.
Darryl
Nice to meet you, I’m Darryl Shaper, an attorney on the AskaLawyer platform. Thanks for reaching out about your tenant who is 15 days late on rent and just informed you via text that they intend to move out due to inability to pay.
Thanks.
Darryl
Analysis of Your Situation
You’re dealing with a tenant in default under your lease. Based on what you’ve shared, you’re considering:
- Posting an eviction notice
- Issuing a lease termination letter
- Responding to the tenant's informal notice to vacate
Here’s what to consider:
1. Eviction for Non-Payment
Initial Steps:
- Serve a formal "Pay or Quit" notice
- Notice period depends on your jurisdiction (typically 3–7 days)
- Serve via legal methods (in person, posted, or certified mail)
Notice Must Include:
- Amount owed
- Deadline for payment
- Consequence if unpaid
- Payment method details
Why Serve an Eviction Notice:
- Establishes a legal record
- Preserves your right to formal eviction
- Can encourage quicker move-out
2. Lease Termination Letter
Separate from an eviction notice, this acknowledges the tenant’s stated intent to leave.
Should Include:
- Reference to the tenant’s text
- Requested move-out date
- Move-out procedure
- Security deposit process
- Statement on unpaid rent
- Key return deadline
3. Dealing with Informal Notice
Their text doesn’t provide a specific date.
Recommended Actions:
- Respond in writing
- Ask for a specific move-out date
- Explain rent accrues until surrender
- Clarify expectations for move-out
Strategic Tips
Use a Dual-Track Approach:
- Serve both a Pay or Quit notice and a lease termination letter
- Gives you legal protection and covers voluntary departure
Consider Financial Realities:
- Lease lets you demand full-term rent
- But recovery may be difficult if tenant is broke
- Try to re-rent quickly to mitigate losses
Property Turnover:
- Schedule inspection
- Line up vendors
- Prep to relist at market rate
Action Plan
Within 24 Hours:
- Save the tenant’s text
- Document all verbal communications
- Review full lease
Within 48 Hours:
- Serve Pay or Quit notice
- Serve termination letter
- Use certified mail or legal service
In 3–5 Days:
- Confirm they received notices
- Get move-out details in writing
Within 7 Days:
- Schedule walkthrough
- Assess repairs needed
If They Don’t Move Out:
- Prepare to file for eviction
- Collect all records
- Consider local attorney
Legal Reminders
Security Deposit:
- Document unit condition
- Provide itemized deductions
- Return deposit per local law
Owed Rent:
- Apply deposit if allowed
- Consider small claims court or collections
Risk Management:
- Don’t change locks early
- Avoid accepting partial payments without terms
- Stay professional and document everything
Awesome, thanks—that's the information I needed.
Darryl
Darryl
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