Delivery of 5 day notice and termination of M2M contract notice

[Chris B.]

I have a tenant who has historically paid rent late and this month is no exception.  I'm very forgiving and to my detriment it has come to bite me as expected.  Contract is currently month to month.  I don't think the tenant will be willing (but probably is able to) to pay this months rent even by the end of the month as the tenant has had a history of pushing limits.  I did receive a small portion late on the 13th of $500 out of an $1800 rent.  I will provide a 5 day notice to pay or quit for this.

I also want the tenant to leave.  Period.  Tenant has moved in 3 adult family members not on contract, has started smoking in the property (forbidden by contract), and market rental rates are substantially higher than the current rate so I am loosing a lot of cash.  I also need to replace the roof and garage door at a substantial cost to me.  Therefore I want to end the contract and have the tenant move out.  I may need to evict them on this matter if they don't willingly move out.  They have such a good deal right now and along with their issues managing their finances, it will be impossible for them to find anything remotely similar to what they have now.  I will issue a 30 day notice of termination of contract.

Therefore It seems I need to both serve a 5 day notice to pay or quit on the late payment and additionally a 30 day notice of termination of contract.  Does this sound correct and can anyone offer advice on this?  Can I just deliver these both at the same time?  I plan to hand deliver them with a witness present and also a copy mailed to them certified / return receipt requested.

Its my fault for having substandard screening back when I first rented to this tenant many years ago and I have learned my lesson and have great tenants at other properties.  I have since started requiring minimum credit scores of 620 to 640 at my other properties and have gotten excellent tenants.  I have various other requirements, but the credit score alone seems to fairly accurately correspond to the quality of tenant I will receive.

[Nathan Gesner]

Quote from @Chris B.:

You can get all kinds of advice, but I'm afraid the tenants won't take you serious and you'll end up spending months trying to get them out. I think the best thing you could do is hire an attorney. Cut off all communication with the Tenant, don't accept any rent payments, and let the attorney get them out. Once they see you've decided to get serious, there's a very good chance they'll scurry off. Apply the deposit to your losses, chalk the rest up to "education" costs, and do better next time.